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Consular processing VS Change of status

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  • Consular processing VS Change of status

    Hi,

    currently I am working as a full-time employee under OPT status. My employer filed H1-B under premium processing. My petition got approved and I got my I-797 original document.
    I am planning to go to my home country in August. When the attorney started my H1-B processing I told them I am going home very soon and I need change of status.
    But the USCIS sent me the approval is I-797B which with H1-B in consular processing. I found in my I-129 petition that the attorney actually marked the option 'Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted.'

    Now in order to activate my H1-B status, I have to go home and face the consulate. I guess even though I told them to do the change of status, they did consular processing as I am planning to go home within one month in August,2016 and I am still in OPT which will expire in October,2016.

    My question is will there by any risk if I appear in the visa interview for consular processing, not for change of status? It keeps me thinking that If I had my status changed before visa interview, they would be more sure to give me the visa.

    Please advise me.

  • #2
    Originally posted by US_User View Post
    Hi,

    currently I am working as a full-time employee under OPT status. My employer filed H1-B under premium processing. My petition got approved and I got my I-797 original document.
    I am planning to go to my home country in August. When the attorney started my H1-B processing I told them I am going home very soon and I need change of status.
    But the USCIS sent me the approval is I-797B which with H1-B in consular processing. I found in my I-129 petition that the attorney actually marked the option 'Notify the office in Part 4 so each beneficiary can obtain a visa or be admitted.'

    Now in order to activate my H1-B status, I have to go home and face the consulate. I guess even though I told them to do the change of status, they did consular processing as I am planning to go home within one month in August,2016 and I am still in OPT which will expire in October,2016.

    My question is will there by any risk if I appear in the visa interview for consular processing, not for change of status? It keeps me thinking that If I had my status changed before visa interview, they would be more sure to give me the visa.

    Please advise me.
    Visa approval hardly depends upon if it is a COS or Consular process. As long as you the documentation (LCA, I129, I797, client letter etc) you should be good.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Visa approval hardly depends upon if it is a COS or Consular process. As long as you the documentation (LCA, I129, I797, client letter etc) you should be good.

      This is my opinion not legal advice.

      Thank you for your advice

      Comment

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