Out of status (F1), H1B Approved.. will I have problems at consular processing?

[dunnowhattodo]

Please help me.

I graduated in Nov 2012, OPT denied on June 2013, filed for MTR on July 2013. I understand I am out of status (F-1) but while my MTR is pending I am still in a status authorized by the attorney general.

However, since my MTR is still pending, if I leave now to get my H1B stamping, will they deny it on the grounds that I have been out of status since Nov 2012?Or will they count this as unlawful presence?

Can I just explain at the consulate that I was waiting for an MTR to be resolved? Bring all the materials and explain it when they ask?I mean I filed for MTR, which allowed me to stay until they give me an answer (which seems like they won't give me anytime soon) so I am planning to leave US, abandon my MTR and just get my H1B--Will I have a problem at consulate for stamping? will they count my unlawful presence since graduation in Nov (300 days ++) or since denial on June 2013 (120 days)? Or just out of status?

In general will I have problems because of this, or is this not a problem at all because I tried my best to not be illegal because I graduated in Nov, filed for OPT, the answer didn't come till 7 months later in Jun 2013, then I promptly filed for an MTR and have been waiting for the MTR ever since.

[Nattybone]

Please help me.

I graduated in Nov 2012, OPT denied on June 2013, filed for MTR on July 2013. I understand I am out of status (F-1) but while my MTR is pending I am still in a status authorized by the attorney general.

However, since my MTR is still pending, if I leave now to get my H1B stamping, will they deny it on the grounds that I have been out of status since Nov 2012?Or will they count this as unlawful presence?

Can I just explain at the consulate that I was waiting for an MTR to be resolved? Bring all the materials and explain it when they ask?I mean I filed for MTR, which allowed me to stay until they give me an answer (which seems like they won't give me anytime soon) so I am planning to leave US, abandon my MTR and just get my H1B--Will I have a problem at consulate for stamping? will they count my unlawful presence since graduation in Nov (300 days ++) or since denial on June 2013 (120 days)? Or just out of status?

In general will I have problems because of this, or is this not a problem at all because I tried my best to not be illegal because I graduated in Nov, filed for OPT, the answer didn't come till 7 months later in Jun 2013, then I promptly filed for an MTR and have been waiting for the MTR ever since.

Hello, Dunno.

Help me with something, even if your MTR or appeal is approved, as you are now technically Out of Status, won't you be required to leave the USA anyway?

Does the denial of June 2013 mention that you should leave the country immediately? As regards, out of status, i feel, you are out of status from June 2013 and not Nov 2012.

Wishing you luck.

Cheers,

[dunnowhattodo]

Hello, Dunno.

Help me with something, even if your MTR or appeal is approved, as you are now technically Out of Status, won't you be required to leave the USA anyway?

Does the denial of June 2013 mention that you should leave the country immediately? As regards, out of status, i feel, you are out of status from June 2013 and not Nov 2012.

Wishing you luck.

Cheers,

Hi there!!! Thank you forth the reply. In the OPT denial it didn't say that I should leave the country immediately they just said if you don't agree with the denial (which I strongly didnt) I can't appeal the denial but I can file for MTR. So no notice about leaving the country which is good. I spoke to a lawyer a apparently for students since the I-94 has no end date, we aren't accruing unlawful presence, however I am out of status. I guess now my question is, even if I am. Out of status will I have problems at consular when am getting my h1B stamped? Have ppl been out of status came out of the US applied for visa and gotten it?

[Nattybone]

Hi there!!! Thank you forth the reply. In the OPT denial it didn't say that I should leave the country immediately they just said if you don't agree with the denial (which I strongly didnt) I can't appeal the denial but I can file for MTR. So no notice about leaving the country which is good. I spoke to a lawyer a apparently for students since the I-94 has no end date, we aren't accruing unlawful presence, however I am out of status. I guess now my question is, even if I am. Out of status will I have problems at consular when am getting my h1B stamped? Have ppl been out of status came out of the US applied for visa and gotten it?

Hello, Dunno.

Ok. I am sorry, i am not fully aware of the MTR on F1. I thought it was like an appeal to a decision made by the USCIS.

Hmmm, as regards impact on H1B during Consular Processing, there is no certain way to know what will happen. A lot depends on the Visa Officer's perception of the case. One thing that can go in your favour, once you leave USA for H1B stamping, is that you left USA and did not have intention of illegal stay. Also, your paperwork for H1B should be strong.

I cannot predict the outcome, it is nice to know that you are in touch with an attorney and your stay in US is as per his advice, you could always say that you left the country - when asked during H1B interview. These are the 2 positives i could highlight for the interview: i) You left USA, ii) Good H1B paperwork.

Wishing you luck.

Cheers,

[priyack]

Please help me.

I graduated in Nov 2012, OPT denied on June 2013, filed for MTR on July 2013. I understand I am out of status (F-1) but while my MTR is pending I am still in a status authorized by the attorney general.

However, since my MTR is still pending, if I leave now to get my H1B stamping, will they deny it on the grounds that I have been out of status since Nov 2012?Or will they count this as unlawful presence?

Can I just explain at the consulate that I was waiting for an MTR to be resolved? Bring all the materials and explain it when they ask?I mean I filed for MTR, which allowed me to stay until they give me an answer (which seems like they won't give me anytime soon) so I am planning to leave US, abandon my MTR and just get my H1B--Will I have a problem at consulate for stamping? will they count my unlawful presence since graduation in Nov (300 days ++) or since denial on June 2013 (120 days)? Or just out of status?

In general will I have problems because of this, or is this not a problem at all because I tried my best to not be illegal because I graduated in Nov, filed for OPT, the answer didn't come till 7 months later in Jun 2013, then I promptly filed for an MTR and have been waiting for the MTR ever since.

Hi there,
I realize this post was a while back, but I am wondering if you were successful in getting the H1B stamping. Did you have any issues. I ask this cos I am in the same situation and would appreciate your opinion.
Thanks