Urgent response required: Traveling while H1B approved without Change of Status.

[mahixit]

Hello everyone,

This can be a silly question to some of you, but am feeling anxious to get it resolved. So any sort of help or reply in this matter is appreciated ahead of the time. Thank you so much for looking into this.

• I did MS in USA and currently on F1- OPT extension that is good till June 2012.
• I am getting married in the end of November 2011.
• Some of the F2 visas are getting rejected in India so am planning to get my H1B done before the quota depletes.
• If I go to India after H1B approval, then I will have to go for stamping and again stories/ rumors of denial are heard.
• To be on the safe side, I am suggested to get H1B done in premium without ‘change of status’ so that I will remain under the H1B quota and need not to go for stamping.

So I meant to ask; getting H1B without change of status will keep my existing F1 status so that I can come back safely? Or H1B approval itself meant the termination of F1 immediately doesn’t matter the ‘change of status’ date?

I will be leaving to India shortly and while am not here, my H1B will definitely get approved but without ‘Change of Status’. Does it mean that I can’t go for H1B stamping as well?
Do all these mean I am nowhere? My OPT is terminated because of H1B approval and I cannot come back on F1, and the other option H1B stamping cannot be done because it doesn’t have ‘change of status’
Can I go for stamping with H1B approved without change of status?

Please have your words on this, I appreciate if anyone can come up with something. Even a tiny sentence will help me guide and take appropriate action. For your reference please have my cell number 972-827-8165 or email me at [email protected].

Mahi.

[shervin143]

When an H1B gets approved for consular process (approval without a new I-94), that means your status won't automatically change to H1B and you will remain in whatever status that you currently are (F1 OPT). In order to work for the H1B sponsor, you will need to get the H1B visa stamped and return back in H1B visa. In your case, if you re-enter back in F1, then you will remain to be in F1 status. Whenever you are ready to wokr for the H1B sponsor, then employer will need to file an H1B amendment to change your status from H1B to F1 (the approval should come with a new I-94 for you to work) or you should leave the country and re-enter in H1B visa.

[mahixit]

Thanks for the quick response Sherwin.

Now I want to add something into this issue, I am working on F1- OPT and my employer had already filed for H1B without change of status so as to get one slot before H1B quota depletes but also he doesn't want me to go for stamping in India.

Again H1B will definitely get approved, so will I be able to come back on F1 status, resume my work? Once I come back, my employer will apply for Change of Status and then I will apply for H4 for my wife? does it seem unrealistic? Please advise.

[shervin143]

Well, that is definitely an option. If the COS to H1B doesn't work, then you need to get the H1B stamped and return back. COS to H1B and H4 can be filed at the same time (assuming your wife is in U.S at that time in F2 status).

Thanks for the quick response Sherwin.

Now I want to add something into this issue, I am working on F1- OPT and my employer had already filed for H1B without change of status so as to get one slot before H1B quota depletes but also he doesn't want me to go for stamping in India.

Again H1B will definitely get approved, so will I be able to come back on F1 status, resume my work? Once I come back, my employer will apply for Change of Status and then I will apply for H4 for my wife? does it seem unrealistic? Please advise.

[mahixit]

Okay, so from all these; my understanding is I can go to India and during that time I will get my H1B approved without change of status, get married and come back on F1 so as to avoid stamping related issues.

Should I try for F2 at that time? Is it advisable because by the time I get married my H1B will be approved and it will be informed to all the consulates in India?

I think my mind is really not working because of the frustration and anxiety, I hope you will back with another positive answer. I am truly thankful to you for giving me some relief out of this. I don't know how to pay you back. Thanks a lot buddy.

[shervin143]

Should I try for F2 at that time? Is it advisable because by the time I get married my H1B will be approved and it will be informed to all the consulates in India?
>>> Having an approved H1B petition will not impact the chances of a F2 stamping.

[mahixit]

That seems to be a good news, let me try and lets find out how to proceed further. Thanks for all the replies, will certainly come back with the result. Thanks!

[mahixit]

Well, that is definitely an option. If the COS to H1B doesn't work, then you need to get the H1B stamped and return back. COS to H1B and H4 can be filed at the same time (assuming your wife is in U.S at that time in F2 status).

I didn't get "If the COS to H1B doesn't work", why it doesn't work?

And in the last reply when you said that when I land in USA on F1 (H1B approved without change of status) then my employer has to apply for H1B amendment, how long does it take for the amendment to get accepted? Is there any premium process for this?

I am asking all these because I have to get ready with H1 and then H4 for my wife if in case F2 get rejected because I got less than 6 months left on my OPT.

I appreciate all your help man! thanks for looking into this.

[shervin143]

I didn't get "If the COS to H1B doesn't work", why it doesn't work?
>>> It can be for any reason. Example, if you have violated your F1 status.

And in the last reply when you said that when I land in USA on F1 (H1B approved without change of status) then my employer has to apply for H1B amendment, how long does it take for the amendment to get accepted? Is there any premium process for this?
>>> 2-3 months by normal process and 15 days by premium.

[mahixit]

Okay, seems everything is okay. Let's see what happens in next couple of weeks and how it all will work out for me. Thanks for all the help Sherwin, you had been a good help to me. I will keep posted as I get any update on my case. Meanwhile requesting all to share their case if it falls in the same category as of mine. Thanks and I wish everyone a good luck.

[mahixit]

A good news to share. My H1B got approved the moment I was boarding the flight to India and I am given the following information.


Classification: H1B
Starting Validity Date: 11/14/11
Ending Validity Date: 11/13/12
Consulate notified (if applicable): MUMBAI
I-94 # (if applicable): 0162665 YYYY


I just want to confirm that this H1B is approved without change of status and my current visa F1-OPT is still valid to reenter into USA. Also please let me know if I can go for H1 and H4 stamping both together if in case F2 get rejected.

Looking at the above information does it really mean that H1B is approved only for one year?

I am here in India, newly married and working on my wife's F2 visa. Please advise.

[shervin143]

I just want to confirm that this H1B is approved without change of status and my current visa F1-OPT is still valid to reenter into USA.
>>> If the H1B approval came with a new I-94, then it has been approved as a COS. You will have to return that I-94 back to CBP to have a proper exit record against that I-94. You are not suppose have any I-94 with you when you have left the country. Follow the below link to return that I-94.
https://www.immihelp.com/returning-u...4-form-to-cbp/

Also please let me know if I can go for H1 and H4 stamping both together if in case F2 get rejected.
>>> Yes, you can.

Looking at the above information does it really mean that H1B is approved only for one year?
>>> Yes.

[mahixit]

Hi,

I am writing to update you all and seek some help to sort out some confusion. As I said my H1B (without change of status) got approved on November 15th and by that time I was onboard to India. I am on F1-OPT and working for a company in USA. Now the confusion is how to come back.


The first option I thought was to return back on F1-OPT by using I20. Therefore I requested a new I20 for my wife, but my school denied that saying my H1B got approved and my SEVIS is COMPLETE status now. If we have to come back on F1-F2 then apply for a data fix to SEVIS help desk (that might take several weeks) and use the new I20s to reenter.

Second option is to go for a H1 and H4 stamping together.

I want to know what will happen if I fly to USA right now (no SEVIS data fix applied and H1B got approved without change of status) at the port of entry? Will I be denied because my SEVIS is COMPLETE and I cannot use my I20 anymore to reenter?

Please advise, it seems to be getting complicated; more like a challenge.

Thanks for all the initiatives.

[manav2304]

Hi Mahixit & Sherwin,

I am waiting on approval for my H1B visa(change of status from F1 to H1B) and I expect to get an approval by January end. My girlfriend is planning to travel to US in March on B2 visa and we intend to get married in US.

Could I apply for change of status for my girlfriend from B2 to H4 visa? Or do I have to wait till I get my H1 visa stamped in home country? Would marrying in US cause any kind of legal problems?

Any advise would be appreciated.

Thanks

[shervin143]

Check your original post for the answer to this duplicate post.

Could I apply for change of status for my girlfriend from B2 to H4 visa?
>>> Possible, but not advisable.

Or do I have to wait till I get my H1 visa stamped in home country?
>>> Your visa is not important. Your petition is what is important.

Would marrying in US cause any kind of legal problems?
>>> No.