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Filing H1B petition ---extremely urgent!!

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  • Filing H1B petition ---extremely urgent!!

    I am currently on F1 OPT status in USA. My employer would be filing for H1B pretty soon. Now my question is:

    Does H1B petition (I-129) alone can automatically take care of Change of status also OR my employer has to file both I-129 and I-539 (application for COS)? In other words, does he needs to file only I-129 or both I-129 and I-539 for me?

    Answers would be appreciable.

    Thanks,
    Gaurav

  • #2
    They need to file the petition with COS if you want to work for them immediately after receiving the approval. If it isn't a COS, then you will have to go out of the country and get the H1B visa stamped.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      129 has an option to change your status, they can just check that box and if approved, your status changes and you receive a new I-94 at the bottom of the approval notice.
      This is my opinion and not legal advice.

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