Job Change with Approved H1B Petition But Stamping Under Admin-Processing(221g)

[aadikulk]

Hi All,

My H1-B petition was filed and approved in April 2014 while I was working for employer 'A' in USA on F1-OPT. Even though my F1-OPT EAD is valid till July 2015, it would have ended by october 1st 2014 because of approved H1-B petition(H1-B period will be applicable from october 1st).

I visited India and went for H1-B stamping in 1st week of september 2014. I was issued BLUE 221(g) and requested for additional documents. I submitted the documents per 221g but the my case has been under administrative processing for 3 months and still there is no change in status. My F1-OPT has ended on october 1st 2014 and H1-B is under administrative processing. Hence, I cannot enter USA now to resume my work.

Question 1 : I'm working from India now. If I change my job, will my new employer 'B' able to transfer my H1-B and Can I go to stamping overriding the previous one which is under administrative processing ?

Question 2 : Though its too late now, with H1-B visa under administrative processing(221g) and F1-OPT that was virtually valid till october 1st only, Could I have entered USA in september 2nd week ?

[Nattybone]

Hello, Aadikulk.

Sorry to hear about your visa pangs.

As regards H1B transfer, as you mentioned your visa was approved - only stamping delay is there - you should be able to transfer your visa once you find another sponsor. Also, please do not lose hope. Your petition has not been denied yet. You might get an approval of the current petition.

I am not sure about you being able to enter USA in September 2nd week - while technically it sounds ok but i am not 100%. Also, a question for you - could you have switched your status back to OPT after getting H1B approval. That way, you could have used your 1 year OPT and then switched to H1B (approved in 2014) next year in 2015?

Anyway, wishing you luck and i hope your visa comes through.

Cheers,

Hi All,

My H1-B petition was filed and approved in April 2014 while I was working for employer 'A' in USA on F1-OPT. Even though my F1-OPT EAD is valid till July 2015, it would have ended by october 1st 2014 because of approved H1-B petition(H1-B period will be applicable from october 1st).

I visited India and went for H1-B stamping in 1st week of september 2014. I was issued BLUE 221(g) and requested for additional documents. I submitted the documents per 221g but the my case has been under administrative processing for 3 months and still there is no change in status. My F1-OPT has ended on october 1st 2014 and H1-B is under administrative processing. Hence, I cannot enter USA now to resume my work.

Question 1 : I'm working from India now. If I change my job, will my new employer 'B' able to transfer my H1-B and Can I go to stamping overriding the previous one which is under administrative processing ?

Question 2 : Though its too late now, with H1-B visa under administrative processing(221g) and F1-OPT that was virtually valid till october 1st only, Could I have entered USA in september 2nd week ?

[aadikulk]

Hey Nattybone,

Thanks for your reply.

Yeah, With an approved petition I can still get it stamped if my admin-processing(221g) is cleared. But in any case I was thinking of a job-change too. So, just wanted to know from both employer 'B' and my perspective how easy/difficult it would be to switch jobs with my current visa status.

As far as Me switching back to OPT is concerned, I don't think I'll be able to do that. I'm not so sure though. I'll check with my employer. Thanks for your input.
But, my petition was filed WITH CHANGE OF STATUS instead of WITHOUT CHANGE OF STATUS. So, my H1 period automatically starts from october 1st overriding my existing OPT. My OPT could be reinstated only in case my H1-Visa/petition is revoked.

Btw, Any suggestions to follow up on my 221g ?? I've been emailing them but getting a standard generic reply. And last "status updated date" is still my interview date(sep 1st week). I've emailed the requested documents in sep last week.

Thanks,
AK

[Nattybone]

Hello, Aadikulk.

You should be able to transfer visa to a new employer. You need to find an employer to sponsor your H1B.

As regards 221G, yes that process can be long drawn out - so you will have to wait it out. Sorry about that. Sadly, you cannot even enter USA now, right? (As your F1 will no longer be valid).

I was thinking, you should have worked one year on OPT (as you have paid for the education) and then switched to H1B (only from extra time perspective - so that you could spend one extra year in USA). But, i understand that these visa matters are very nerve-racking, so we quickly want to get H1B status.

Anyway, wishing you luck, my friend.

God Bless.

Cheers,

Hey Nattybone,

Thanks for your reply.

Yeah, With an approved petition I can still get it stamped if my admin-processing(221g) is cleared. But in any case I was thinking of a job-change too. So, just wanted to know from both employer 'B' and my perspective how easy/difficult it would be to switch jobs with my current visa status.

As far as Me switching back to OPT is concerned, I don't think I'll be able to do that. I'm not so sure though. I'll check with my employer. Thanks for your input.
But, my petition was filed WITH CHANGE OF STATUS instead of WITHOUT CHANGE OF STATUS. So, my H1 period automatically starts from october 1st overriding my existing OPT. My OPT could be reinstated only in case my H1-Visa/petition is revoked.

Btw, Any suggestions to follow up on my 221g ?? I've been emailing them but getting a standard generic reply. And last "status updated date" is still my interview date(sep 1st week). I've emailed the requested documents in sep last week.

Thanks,
AK