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H1 approved, Change of status denied, TPS approved

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  • H1 approved, Change of status denied, TPS approved

    my situation is :
    I got H1B approved starting from Oct 1st 2015 till Sept 5th 2018. But also received notice for Denial of Change of Status. I have now TPS (temporary protect status ) approved with EAD (employment work authorization ) approved until 2016.
    My questions:

    1. Do I have to get H1B visa stamped immediately before Oct 1st 2015?
    3. Will it be risky in this situation to go to Canada for stamping? (I cannot go to Syria for stamping because i am under TPS)
    4. What are the other risks associated with me staying in USA w/o H1B stamping?
    Please respond..Any help or advice or suggestions or opinion are more than welcome..Really appreciate for your time..Thank You

  • #2
    1. Do I have to get H1B visa stamped immediately before Oct 1st 2015?
    >>> Not required. Whenever you are ready to work for the employer in H1B status, you will need to leave the country, get the H1B visa stamped and return back in H1B visa.

    3. Will it be risky in this situation to go to Canada for stamping? (I cannot go to Syria for stamping because i am under TPS)
    >>> Hard to comment. If your documents are in order, you are good.

    4. What are the other risks associated with me staying in USA w/o H1B stamping?
    >>> No issues. You just cannot work for the employer until you get to H1B status. Also, you need to be in a valid status to stay in U.S. So if not in H1B, you need to be in some other valid status to stay.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1. Do I have to get H1B visa stamped immediately before Oct 1st 2015?
      >>> Not required. Whenever you are ready to work for the employer in H1B status, you will need to leave the country, get the H1B visa stamped and return back in H1B visa.

      3. Will it be risky in this situation to go to Canada for stamping? (I cannot go to Syria for stamping because i am under TPS)
      >>> Hard to comment. If your documents are in order, you are good.

      4. What are the other risks associated with me staying in USA w/o H1B stamping?
      >>> No issues. You just cannot work for the employer until you get to H1B status. Also, you need to be in a valid status to stay in U.S. So if not in H1B, you need to be in some other valid status to stay.
      Thank you for your answer, i have question, do you know when i will apply for visa to Canada after first of October. when they ask me what visa you have can i say H1b or H1b wont be status until i get it stamped. Thank you

      Comment


      • #4
        No such questions will be asked. You won't be in H1B status until you get your H1B visa stamped and return back using that visa.

        Originally posted by eboo View Post
        Thank you for your answer, i have question, do you know when i will apply for visa to Canada after first of October. when they ask me what visa you have can i say H1b or H1b wont be status until i get it stamped. Thank you
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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