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**Emergency Question**JUST TO KNOW I GOT I-797B A MONTH AFTER H1 START DATE

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  • Palak Choudhary
    replied
    Hello All,

    I am currently in US and working on OPT which will expire in May 2018. My F-1 Visa is also valid till May 2018. My employer will file for my H1B coming April 3rd. I am getting married in July and hence will have to leave country while my H1B gets processed. My initial Plan was to file H1B under Premium Processing and hence my H1B would have been processed by June and I would have received I-797A, allowing me to travel to India for my Marriage. But yesterday USCIS have temporarily suspended H1B Premium Processing.

    So my question is how will this affect my Travel plan as now my H1B will be filed under regular processing. I have been going through online blogs and have found out that if you are not in the country while your H1B is processing than USCIS issues I-797B because of which your Change of Status from F-1 to H1B will not take place automatically on October 1st but you will have to visit a Consulate in India to Change your status and get Visa stamped. In this case do I have to leave country before October 1st and get H1B visa stamped or can I stay and work for my employer since my OPT is valid till May 2018. Will I face any issues while re-entering in USA? I know that OPT gets suspended automatically on October 1st if they issue I-797A, is that the case with I-797B as well?

    Of course this will happen only if my H1B gets selected in Lottery and if they do not process my H1B before I leave the country in July.

    Also after returning back can I file for Change of Status again?

    Should I send my H1B application with Change of Status or Counselor Processing?

    Any help would be appreciated!!

    Thank You,
    Palak

    Leave a comment:


  • Xin Sun
    replied
    Originally posted by shervin143 View Post
    My EAD card said my OPT will expire 02/29/16. It seems like I'm safe right now, right?
    >>> Yes.

    But I'm a little confused about the transfer. Do I need to wait for my current company to send COS from F1 to H1B and get approved, then new company can transfer my H1B or new company can transfer my H1B for my current status and helped me get it approved?
    >>> Current employer should file a COS from F1 to H1B only if you are planning to work for the current employer in H1B status. If not, you don't have to do that. Any new employer can file a COS from F1 to H1B using a copy of your H1B approval notice (I-797) and when the petition gets approved, you can start working for that employer.
    COOL! That information helps me a lot. Thank you very much!!

    Leave a comment:


  • shervin143
    replied
    My EAD card said my OPT will expire 02/29/16. It seems like I'm safe right now, right?
    >>> Yes.

    But I'm a little confused about the transfer. Do I need to wait for my current company to send COS from F1 to H1B and get approved, then new company can transfer my H1B or new company can transfer my H1B for my current status and helped me get it approved?
    >>> Current employer should file a COS from F1 to H1B only if you are planning to work for the current employer in H1B status. If not, you don't have to do that. Any new employer can file a COS from F1 to H1B using a copy of your H1B approval notice (I-797) and when the petition gets approved, you can start working for that employer.

    Leave a comment:


  • Xin Sun
    replied
    Originally posted by shervin143 View Post
    When does you OPT expire? If your H1B was approved for consular process, then you are currently in OPT. If you OPT hasn't expired yet, then you are good since you have been working for the same employer even before you filed your H1B.

    To continue to work for the current employer in H1B status, they need to file a COS from F1 to H1B and that should get approved. Or you will need to leave the country and return back in H1B visa. Alternatively, any other employer can file a transfer and when that petition gets approved with a new I-94, you can begin working for the new employer (not before that). This is assuming that your OPT has't expired yet. If your OPT has expired, then leaving the country and returning back on H1B visa is your only option and you should do that immediately (Otherwise you are accumulating illegal stay).
    Thank you so much for your help.

    My EAD card said my OPT will expire 02/29/16. It seems like I'm safe right now, right?

    But I'm a little confused about the transfer. Do I need to wait for my current company to send COS from F1 to H1B and get approved, then new company can transfer my H1B or new company can transfer my H1B for my current status and helped me get it approved?

    Leave a comment:


  • shervin143
    replied
    When does you OPT expire? If your H1B was approved for consular process, then you are currently in OPT. If you OPT hasn't expired yet, then you are good since you have been working for the same employer even before you filed your H1B.

    To continue to work for the current employer in H1B status, they need to file a COS from F1 to H1B and that should get approved. Or you will need to leave the country and return back in H1B visa. Alternatively, any other employer can file a transfer and when that petition gets approved with a new I-94, you can begin working for the new employer (not before that). This is assuming that your OPT has't expired yet. If your OPT has expired, then leaving the country and returning back on H1B visa is your only option and you should do that immediately (Otherwise you are accumulating illegal stay).

    Leave a comment:


  • **Emergency Question**JUST TO KNOW I GOT I-797B A MONTH AFTER H1 START DATE

    I graduated last year, and worked for a company on OPT, then that company helped me applied H1 early this year, and I got approved and started on Oct.
    My company told me that I don't need to worry about the status, it will change from OPT to H1 automatically.
    But after almost one month after start date, I just get to know my i-797 file turns out to be a i-797b which I need to get my stamped VISA back to my home country before the start date (according to the Internet).
    Thanks to my company, right now I'm worry about my status. But company hire lawyer to handle the application, so they don't know more than I do about H1.

    1.Is there any suggestions to fix this?

    2.I'm looking for new job with transfer. Interview comes to the final stage. Do I need to tell new company about this situation?

    Thank you.
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