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Urgent response required: Traveling while H1B approved without Change of Status.

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  • #31
    Thanks Shervin!

    The school is closed for Christmas holidays and therefore am not able to contact them. No issues I would stay here for some time.

    It will reopen on January 9th and then they would apply for a data fix on my SEVIS. Fixing the data will take around 6 weeks. Any idea if it will be too late to apply for a H1B visa interview? USCIS has given me the approval of H1B starting from 16th November.

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    • #32
      You can attend the H1B visa interview anytime as long as the petition remains valid and the job exists.

      Originally posted by mahixit View Post
      Thanks Shervin!

      The school is closed for Christmas holidays and therefore am not able to contact them. No issues I would stay here for some time.

      It will reopen on January 9th and then they would apply for a data fix on my SEVIS. Fixing the data will take around 6 weeks. Any idea if it will be too late to apply for a H1B visa interview? USCIS has given me the approval of H1B starting from 16th November.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #33
        Hello Everyone,

        Here is the update from my side;

        • We got confirmation from USCIS that my H1B is a counselor pickup, which meant to say I should stay on F1 OPT status. USCIS is not able to correct SEVIS, they asked school to do it.
        • The school officials need a H1B revoke proof in order to correct my SEVIS. They seem not to understand the counselor pickup method.
        • This whole procedure of correcting the SEVIS seem to take a long time, so I decided to go for H1 and H4 stamping together.


        Here are some of the stuffs that I want to get cleared before I proceed.
        1. I have client letters dated November and am going for interview in February, are those letters too old? Will they work?
        2. Mumbai is the consulate I am supposed to visit for interview, but Hyderabad is far convenient for me to go for a stamping. Can I do that without causing any problem?



        Your help is much appreciated. Thank you!

        Comment


        • #34
          [*]I have client letters dated November and am going for interview in February, are those letters too old? Will they work?
          >>> Yes, it can be considered as too old to make a decision on your visa application. Get a new cliet letter.

          [*]Mumbai is the consulate I am supposed to visit for interview, but Hyderabad is far convenient for me to go for a stamping. Can I do that without causing any problem?
          >>> No issues. Check with VFS Hyderabad if you are concerned.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #35
            Your response is much appreciated. The thing I want to ask now is bit basic and I believe I already know the answer but still need your input on it.
            Are the H1B regular petition and H1B counselor pickup stamping are treated in the same way? Does it mean that the kind of petition doesn't hold any gravity in order to affect the decision made for stamping?
            I believe they will be treated in the same way. Any thoughts?

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            • #36
              Hello Everyone,

              After a long time am here to say what happened to my visa status and also seek some help.
              [Am on F1-OPT, went to India and got married, had H1B approved without Change of Status good till November 2012, returned back on F1-OPT]

              • The university people fixed the SEVIS back to Active in February, it took them 10 days. There is a premium process for fixing SEVIS tickets, I showed the return tickets to expedite the process.
              • I returned back to states and saw my client had laid me off, but I got another client B immediately.
              • As am still on F1-OPT and H1B (without change of status) is approved till November 2012; wanted to apply for a change of status to H1B by filing an amendment. My wife will apply for H4 once CoS is approved.



              I want to ask you;

              1. Is filing for an amendment for H1B CoS will work as the client has changed now? Does it cost the same amount as filing a fresh H1B?
              2. If I have to apply for a fresh H1B, will it be activated right away as I already made a cap in my previous H1B approval?
              3. If it doesn't get activated right away, then should I stick to current H1B (which is good till November 2012), get it amended and then apply for H4?



              I truly appreciate your efforts in answering my previous questions. As Immihelp is a valuable resource for me, my further action strongly depends on what your suggestions will be.

              Thank you so much in advance. Awaiting your response.

              Comment


              • #37
                Is filing for an amendment for H1B CoS will work as the client has changed now? Does it cost the same amount as filing a fresh H1B?
                >>> Yes. The same employer or any new employer will have to file the H1B as a COS from F1. The latest work location and client information should be provided while filing the petition. The COS will be little less than a fresh petition (no need to pay the fraud detection fee etc). Look at the instruction to file form I-129 in uscis.gov website for the latest filing fees. Your wife's petition (form I-539) for the COS to H4 should be filed at the same time and together to be safe.

                If I have to apply for a fresh H1B, will it be activated right away as I already made a cap in my previous H1B approval?
                >>> If the employer request an immediate start date, then it will be activated upon approval. The employer shuld file the petition under yuor old CAP using a copy o fyour previous approval notice.

                If it doesn't get activated right away, then should I stick to current H1B (which is good till November 2012), get it amended and then apply for H4?
                >>> H1B amendment and H4 COS should be filed at the same time. Once your status chnages to H1B and if your wife remains to be in F2, then she will go out of status on F2. When she is out of status, a COS from F2 to H4 is not possible.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #38
                  Hello Shervin,

                  The updates till the date are as follows but posting some more queries;

                  • I came back on OPT in February 2012 (alone, wife is in India) and applied for H1B and got it approved till April 2015. Am on H1B status now but don't have H1B visa stamped on my passport.
                  • I am preparing her DS-160 form and already mailed my original I-797 which she will get after a couple of days.


                  I want to ask the following;
                  1. The original I-797 has got the new I-94 that I didn't remove when I got the receipt, its still with that receipt. Would she needs to remove I-94 before she goes to the interview?
                  2. I don't have H1B stamping on my passport, does this affect her getting a H4 stamping?


                  Your insight in this matter is always appreciated. Thank you so much for putting your efforts in this case.

                  Comment


                  • #39
                    The original I-797 has got the new I-94 that I didn't remove when I got the receipt, its still with that receipt. Would she needs to remove I-94 before she goes to the interview?
                    >>> Yes. It was never advisable at the first place to send the original I-797 to her with the I-94. You should have cut that and stapled it to your passport. If it goes missing, then you will have go through a painful process to get a new one issued. Ask your wife to cut the I-94 and keep in safe. In case the consulate holds on to your I-797 for any purpose (example: 221g etc) and if you don't get it back, then you will be in trouble. Also take photocopies of your approval notice and keep it for your records.

                    I don't have H1B stamping on my passport, does this affect her getting a H4 stamping?
                    >>> No.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #40
                      Need some urgent help on filing for H1B

                      Following is my situation. Currently I have two options:

                      1. Graduate in August and start work on OPT after graduating in August
                      2. Graduate in December and work on CPT from August to December.

                      I want your opinions on the following concerns that I have:

                      We already determined that if my employer cannot file Change of Status H1B petition since I am travelling out of country between June and August and returning in August. So the employer can file an H1B loose petition.

                      1. Since I won't graduate before August or December the H1B would be based on my bachelors and not masters. I don't think it matters but just want to ask if it does create any issues in the future.

                      2. Also, if I am applying for OPT, I would have my OPT application in process with the USCIS. So would my H1B approval be affected since USCIS would have my H1B petition and my OPT application at the same time.

                      3. So how does the stamping part in my home country differ in case of COS (Change of Status) vs Consular Processing (CP or Loose Petition). Is it the same? I fear it's more difficult to get an H1B visa stamp in case of Consular Processing since everyone just goes for Change of Status.

                      4. Incase my stamping gets denied even after the loose petition approval, can I still come back on OPT if my OPT has not expired ?

                      5. I am in STEM category. You think I should wait for April 2014 or go ahead with loose petition This April?? What's your opinion knowing my scenario!

                      Thank you for reading through this longish email of mine. I am really confused and I really appreciate any sort of help!


                      Thanks,
                      Darshit

                      Comment


                      • #41
                        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

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