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Can I return on OPT if my H1B stamping got delayed

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  • Can I return on OPT if my H1B stamping got delayed

    Hi all,

    I think mine is strange (weird) situation. Please help me.

    I had done my Ms here and i'm on OPT extension (6 more months left).
    My H1B (I-797C)got approved in Oct 2009 by consular processing, but its not in active status. I'm still on OPT.

    Now I want to visit India. I'm assuming I have two ways

    1. Get H1 stamping while I'm back so that I'll be on H1B
    2. Return on OPT and apply for change of status so I can be on H1B.

    In case 1 : Is it safe to go for H1B stamping in my case? Not sure how favorable it is to get H1B @ HYD. If my H1B stamping got delayed or not approved Can I still return on OPT status (I have 6 more months of OPT)

    In Case 2: Am I eligible for Status change? Coz I didn't get I-94 with my I-797C approval. Can I easily get status change from OPT to H1B?

    If above two are complicated, do you suggest me to go for status change (H1B) and then go for H1B stamping?

    Please advise me which one is a better option in the above two cases. Also let me know if there are any more complications/concerns in my case.

    Thanks in advance.

  • #2
    First thing to know is whether your SEVIS record is active. Contact school DSO for that.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thank you for reply. My SEVIS is still Active.

      Comment


      • #4
        Originally posted by lifenspring View Post
        My H1B (I-797C)got approved in Oct 2009 by consular processing, but its not in active status.
        It has to be I797B or A not C as C is just a receipt.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b View Post
          It has to be I797B or A not C as C is just a receipt.

          So Are you saying I should have I-797 A or B to go for H1B stamping?

          How about returning on OPT if I have issues with H1B stamping?
          Last edited by lifenspring; 01-20-2011, 05:46 PM.

          Comment


          • #6
            I797A is COS or EOS
            I797B is CP
            I797C is receipt

            If your H1b is delayed, you can return on your current status as long as the F1 visa has not been cancelled by the VO. In most of my interviews, the first thing I see is the VO stamp existing visa with a CWOP and continue taking the interview while they do it.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              @ txh1b :

              Thanks for you ur reply. But sorry I didn't get the abbreviations

              My F1 Visa stamp is till end of 2012. I'm not sure this is active ones I get on OPT and I-797C approved.

              Why would the VO cancels the F1 Visa? What is CWOP?

              So in my case its better option to go for stamping coz if H1B stamping get delayed or refused still I can return on OPT right?

              Comment


              • #8
                Why would the VO cancels the F1 Visa?
                >>> Well, that should be the question to the consular officers. Usually when you go for a new visa stamping, they will cancell the old one in your passport. Only in rare cases they will return the passport without cancelling the old visas (B1/B2 visas have been exceptions to this, so far.).

                What is CWOP?
                >>> Cancelled without prejudice. A simple google search would have done this.

                So in my case its better option to go for stamping coz if H1B stamping get delayed or refused still I can return on OPT right?
                >>> Well, that depends on whether your existing F1 is cancelled by the VO when you go for H1B stamping or not.
                Last edited by shervin143; 01-20-2011, 02:35 PM.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  In 2009, many non-COS H1's were erroneously sent for SEVIS termination. Confirm that with your DSO.

                  Forget form numbers and ABC's, you should have a letter titled notice of action addressed to your employer which states that USCIS has approved their non-immigrant worker petition.

                  Previous Visas are sometimes canceled during Visa interviews, before or after a decision.
                  This is my opinion and not legal advice.

                  Comment


                  • #10
                    Originally posted by kabkaba View Post
                    In 2009, many non-COS H1's were erroneously sent for SEVIS termination. Confirm that with your DSO.
                    I checked with my University. My SEVIS is still Active.

                    Originally posted by kabkaba View Post
                    Forget form numbers and ABC's, you should have a letter titled notice of action addressed to your employer which states that USCIS has approved their non-immigrant worker petition.
                    Cool
                    Originally posted by kabkaba View Post
                    Previous Visas are sometimes canceled during Visa interviews, before or after a decision.
                    So here come my issue right?
                    How about considering Mexico / Canada for H1B stamping now a days?

                    Comment


                    • #11
                      The same can happen in Canada/Mexico, moreover US consulates in Mexico no longer accept first visa application cases.
                      I think you can go for H1 visa and return with F1 if denied, but just be aware of the possibilities and risks involved.
                      This is my opinion and not legal advice.

                      Comment


                      • #12
                        Not a legal advice. Use of this information is strictly at your own risk.

                        Comment


                        • #13
                          Please don't mind (curse me) if it is silly question..!!

                          Looks like my issue is if VO cancles my F1 visa beofore my H1B stamping.
                          Does VO informs us before he gonna cancel the VISA?
                          Can I request VO to not to cancel the Visa till my H1B stamping?
                          Coz in ideal case he should cancel if I get H1B only right?

                          Now I got an idea on my issues. Please suggest me the best way in my case

                          Thanks for all your information. It's really helpfull

                          Comment

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