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Consulate notified on change of status from F2 to H1b

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  • Consulate notified on change of status from F2 to H1b

    I have applied for change of status from F2 to H1B and i got the approval notice .
    Mail from USCIS says

    Consulate notified (if applicable): CHENNAI
    I-94 # (if applicable): XXXXXXX

    Does this mean i will have to go back to chennai to get my visa stamped even though my I94 is not expiring soon .
    Only then will i be eligible to work .

    or does it mean i'll have to get stamped only when i leave country.

    Please advice.

    Thanks in andvance

  • #2
    Originally posted by shiningstar View Post
    I have applied for change of status from F2 to H1B and i got the approval notice .
    Mail from USCIS says

    Consulate notified (if applicable): CHENNAI
    I-94 # (if applicable): XXXXXXX

    Does this mean i will have to go back to chennai to get my visa stamped even though my I94 is not expiring soon .
    Only then will i be eligible to work .

    or does it mean i'll have to get stamped only when i leave country.

    Please advice.

    Thanks in andvance
    Check your I797.

    When you received the H1 approval notice did it come with an I-94 attached at the bottom of the I797? If yes then you dont need to go to Chennai to get a visa.

    If you didnt get it then yes, your H1 will be active only after getting H1 stamped in your passport.

    This is my opinion not legal advice.

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    • #3
      Like above check the approval notice and the wording. Does it state that change of status has been approved?
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by kabkaba View Post
        Like above check the approval notice and the wording. Does it state that change of status has been approved?
        I am also in same situation. My H1B applied when i was in India and in the H1B process time i came to US on F2.
        My H1B got RFE and my employer responded to RFE with COS(F2 -> H1B). But my H1b is approved and I-797 didn't have I-94 and didn't mention any thing about COS.

        My employer is planning apply one more time for COS(F2 -> H1B). Any chances for approval?.

        Note: I have valid F2 I-94.

        shiningstar -> Could you please reply to it, i am also in same situation.

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        • #5
          I also have a valid I94 .
          I am not even sure if employer could apply for COS again .
          If there is a chance even ill ask my employer to file again .

          Comment


          • #6
            shiningstar: Wait for the approval notice and then decide the course of action.

            gsr1306: Chances are anybody's guess and depend on a lot of things. If your spouse is maintaining F1 status, you are clear on that front. But USCIS may reinvestigate the employee-employer relationship and in case of consulting company that has a risk of denial.
            This is my opinion and not legal advice.

            Comment

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