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Correcting I 129 before being approved

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  • Correcting I 129 before being approved

    Hello, my employer applied for the H1B this year and I was lucky enough to be selected. I am currently on my F1 OPT. Here's the timeline of events


    [table="width: 800"]
    [tr]
    [td]F1 graduation date[/td]
    [td]May 08, 2015[/td]
    [td][/td]

    [/tr]
    [tr]
    [td]F1 OPT EAD Start Date[/td]
    [td]July 07, 2015[/td]
    [td][/td]
    [/tr]
    [tr]
    [td]H1 File Date[/td]
    [td]April 01, 2016[/td]
    [td]Regular processing, received receipt notice; Case not updated yet except message of reception[/td]
    [/tr]
    [tr]
    [td]F1 OPT EAD Expiry[/td]
    [td]July 06, 2016[/td]
    [td][/td]
    [/tr]
    [tr]
    [td]F1 OPT STEM File Date[/td]
    [td]July 06, 2016[/td]
    [td]I realize that I cut it really close here but I was able to get the receipt notice and it's under processing[/td]
    [/tr]


    [/table]

    I am currently on the 180 day extension and my payroll is running as usual. My employer didn't have any issues with me working till my approval notice comes. But there's a small mistake we made while filing for the H1. Under Item 4b: Processing Information, we have processing office listed as the consulate in New Delhi. I just realized that I will have to leave the country before I can start my H1. It should've been listed as the California Center in the US where I am currently at (is that correct?). So here are my questions:
    [LIST=1][*]How can I ammend/update the I 129 so that I don't have to leave the country to start my H1?[*]What will happen if my H1 and OPT Extension get approved, will it count as OPT being used? [*]Have there ever been cases where H1B approval notice comes after Oct 1? [/LIST]

    I apologize if my questions seem naive, I have tried reading whatever I can find, but it's really hard to get straight answers. Thank you for your time.

  • #2
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    Comment


    • #3
      [Answered] Called USCIS

      Originally posted by satish1 View Post
      Hello, my employer applied for the H1B this year and I was lucky enough to be selected. I am currently on my F1 OPT. Here's the timeline of events


      [table="width: 800"]
      [tr]
      [td]F1 graduation date[/td]
      [td]May 08, 2015[/td]
      [td][/td]

      [/tr]
      [tr]
      [td]F1 OPT EAD Start Date[/td]
      [td]July 07, 2015[/td]
      [td][/td]
      [/tr]
      [tr]
      [td]H1 File Date[/td]
      [td]April 01, 2016[/td]
      [td]Regular processing, received receipt notice; Case not updated yet except message of reception[/td]
      [/tr]
      [tr]
      [td]F1 OPT EAD Expiry[/td]
      [td]July 06, 2016[/td]
      [td][/td]
      [/tr]
      [tr]
      [td]F1 OPT STEM File Date[/td]
      [td]July 06, 2016[/td]
      [td]I realize that I cut it really close here but I was able to get the receipt notice and it's under processing[/td]
      [/tr]


      [/table]

      I am currently on the 180 day extension and my payroll is running as usual. My employer didn't have any issues with me working till my approval notice comes. But there's a small mistake we made while filing for the H1. Under Item 4b: Processing Information, we have processing office listed as the consulate in New Delhi. I just realized that I will have to leave the country before I can start my H1. It should've been listed as the California Center in the US where I am currently at (is that correct?). So here are my questions:
      [LIST=1][*]How can I ammend/update the I 129 so that I don't have to leave the country to start my H1?[*]What will happen if my H1 and OPT Extension get approved, will it count as OPT being used? [*]Have there ever been cases where H1B approval notice comes after Oct 1? [/LIST]

      I apologize if my questions seem naive, I have tried reading whatever I can find, but it's really hard to get straight answers. Thank you for your time.

      Nevermind, I called USCIS and they said my employer can call in update the I 129. They also said, H1 processing can take more time than Oct 1. No idea on the second question though.

      Comment


      • #4
        Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...35158383168193 27th Aug - Please review comments from other users

        Comment


        • #5
          Looks like your h1b has been filled as a consular notification, and not change of status (cos)..

          Comment

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