Consular H1 approved- need suggestions

[hameedsk]

Hello All,

I’m on my cap gap now and My H1 got approved this year and its consular processing. My attorney informed that I should go back to home country and get it stamped before oct 1st. Since EO suspension and the ongoing situations it is highly impossible to travel out of the country. I’m not sure if my employer has filed consular/ change of status which caused the issue. Please suggest me how to change the status or are there any alternatives for me to continue my stay and work in USA..


Thank you

[R78]

If your current visa stamp on the passport expires, then you won't be able to re-enter the county.
Consulates will not issue a new visa sticker till the EO is lifted (after dec 31, 2020)

[hameedsk]

Thank you for your advice.

My visa stamp expires and since i can't leave the country, will I be able to stay in U.S and continue work until the EO is lifted??

[R78]

Does your I-797 approval notice have the I-94 on it ? (look at the lower right side)

[hameedsk]

No, it doesnt has I-94 on the bottom.

[R78]

Then you will need to leave the country (as your attorney stated) but you cannot get a stamp as the EO remains in effect till Dec 31, 2020

[hameedsk]

Can we not file amendment/petition for change of status?

[R78]

Change of Status to what ? B2 ?

[hameedsk]

No, changing from consular to COS since i'm converting from F1.