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Thread: H1b Approval with no I94 attached(I797B)

  1. #1

    Question H1b Approval with no I94 attached(I797B)

    Currently on OPT STEM, which is valid until 2020, employer filed H1b this year (with an I94), petition picked in the lottery in April. I had to leave to home country for a good reason, picked in lottery while i was in India, returned in may(I94 changed), today i see there is an action of approval notice with I797B on it(H1b valid until 2021). Approval notice says 'the mentioned worker is out of status when the petition is filed, thus the worker is ineligible for required COS, accordingly the request for COS is denied, even though the worker is ineligible for a COS they may depart the US and apply for the proper visa at a consulate abroad. Then may apply at a POE to re-enter the US based on a new visa.'

    Questions:
    1. What would be the next course of action?
    2. is there other way to deal the situation by not going to home country?
    3. if going to home country, How soon i need to do so?,like before or after Oct 1st ?, because action of approval dint say anything about it.
    4. What happens to my current status(OPT STEM)?

  2. #2
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  3. #3
    Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/posts/2248831115134245 6th July - Please review comments from other users

  4. #4
    1. Travel to home country for a proper visa at the consulate, if any mentioned, in the I-797.

    2. Its better and always advised to go to home country as one doesn't expect the outcome of the visa interview (and, in your case, your existing visa 'may be' cancelled after/during the visa interview as it is no longer valid)

    3. You 'may' enter USA 10 days prior to your H-1B start date (it may be September 21st or later, if the start date in October 1st). So, plan accordingly.

    4. Your STEM OPT status expires the day before your H-1B start date mentioned on the I797.

  5. #5
    Came across few more questions ..
    1)what if it gets into admin process and gets approved after oct 1st, in this case can I re-enter into the U.S after October 1st with the new status(h1b)?

    2)And what happens to my current status(OPT-stem) if it is declined after admin process??

  6. #6
    Quote Originally Posted by DesiOPT-FaceBook-Fan View Post
    1. Travel to home country for a proper visa at the consulate, if any mentioned, in the I-797.

    2. Its better and always advised to go to home country as one doesn't expect the outcome of the visa interview (and, in your case, your existing visa 'may be' cancelled after/during the visa interview as it is no longer valid)

    3. You 'may' enter USA 10 days prior to your H-1B start date (it may be September 21st or later, if the start date in October 1st). So, plan accordingly.

    4. Your STEM OPT status expires the day before your H-1B start date mentioned on the I797.
    Came across few more questions ..
    1)what if it gets into admin process and gets approved after oct 1st, in this case can I re-enter into the U.S after October 1st with the new status(h1b)?

    2)And what happens to my current status(OPT-stem) if it is declined after admin process??

  7. #7
    Since your OPT Is still valid, you can continue to work on STEM OPT. Check your SEVIS status.
    You have 2 options to gain H-1B status:
    1. Leave and get the H-1B visa stamped and return.
    2. Have your employer file a 2nd H-1B petition now- technically this is a request to amend the petition from I-797B to I-797A and to change your status from F-1 to H-1B.
    Remember, until your H-1B visa is stamped or you change status to H-1B, you can lose your H-1B Cap exemption if the employer withdraws the H-1B.

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