Applying for Schengen Visitor Visa from Boston when on H1B change of status visa.

[pankajb64]

Apologies if this has been asked before. I am an Indian national currently living and working in Boston and planning to apply for a Schengen visitor visa. I need help with a few details. I tried asking the German Visa Consulate in Boston but their replies weren't clear about this.

I recently changed from a student (F1) visa to an employee (H1B) visa via an automatic change of status. I have my i-797A Notice of Approval, but my passport still has an F1 Visa Stamp with an expiry date of June 2021. My plan is to go to India this December get H1B Approval and then visit my friend in Berlin for a couple of days on my way back to Boston.

My questions are

a) Am I correct in assuming my F1 Visa has technically expired after the change of status, and so I cannot put an F1 visa as my status while filling in the form for Schengen visitor visa?

b) Would I have trouble getting a visa approval if I show them my i-797A Approval Notice and a visa interview stamping appointment booking in India? (The German consulate hinted this will likely not a problem, but they didn't say anything definite.)

c) There is a section in the Visa where I have to provide "details regarding the right to reside in place of residence" since my current residence is outside my country of citizenship. Should I put my F1 visa details here, even though it has technically expired? Or should I put my i797A details here? Or something else, like a rental agreement detail?

d) Similarly, there is an "entry permit for the final country of destination" that applies to me since I'm traveling to Boston from Berlin. Same as above, should I put F1 visa, i797A, or something else?

e) For the above entry permit section, what should I put in "Issued by". If I were to use F1 visa s my entry permit, should I put the name of the embassy/consulate that approved it? (Mumbai in my case). For i797A should I put "issued by USCIS"? Or should I put something else?

I would greatly appreciate if someone could provide advice on these. Thank you so much.

[R78]

Hope the below helps !

a)
Your status is H1 since it was approved and you have a I797A

b)
An I-797A is proof of approval for that class (in your case H1). You won't have any issues.
You should include the visa stamping interview letter as you are showing intention to return to your home country

c)
H1B gives you the right to work for the petitioner (as long as they employ you). So include a copy of your lease, employment letter and possibly 1-2 paystubs


d)
You do not have the H1 stamp on your passport. Therefore, you do not have the right to enter the US once you leave. It is for this reason you have taken a visa appointment in India.
I would show flight tickets from Berlin to India.
Since you are returning to India after your Germany visit (since you cannot enter the US unless you get your H1 Stamp), you do not need an entry permit as you are a citizen of India.


e)
Whoever issued the Indian Passport (consulates in USA ? or Passport Office in India ?) etc.

[mshivad]

pankajb64 Where you able to get a schengen visa with an approved i797? I am in the same boat and looking for more information.