H1B Consular Processing Approved - Can I continue on OPT until Dec-2016

[kaushi463]

Dear Team,

My employer applied H1b this year and it got approved (Consular Processing). I'm right now working on OPT which expires during Dec-2016.

The I-797 approval notice says H1b - From Oct-1-2016 till Sep-1-2018 with a Consulate Name mentioned. My employer said they will file an "Amendment of COS for H1B" if at all I wish to continue work without going to Home country for visa stamping for sometime.

Can someone please help me with the following questions:


1. The Dates on my I-797 (Oct-1-2016 till Sep-1-2018) - does these dates mean I will be on H1b Status from Oct-1-2016 ?
or
The H1B Status will only be activated only after submitting H1b amendment for COS?

2. Can I continue working on OPT until Dec-2016 ? and then before expiry of OPT can the H1b COS amendment be Filed? Which means after Dec-2016 I wll be on H1B Status?

3. If I activate H1B will the H1B - 6year counter start from the COS activated date or it is counted from Oct-1-2016?

Appreciate your help. Many Thanks.

[kaushi463]

Can someone please respond to my Question

Dear All,

Can Someone please respond to my question. Many Thanks.

[raghvi]

Dear Team,

My employer applied H1b this year and it got approved (Consular Processing). I'm right now working on OPT which expires during Dec-2016.

The I-797 approval notice says H1b - From Oct-1-2016 till Sep-1-2018 with a Consulate Name mentioned. My employer said they will file an "Amendment of COS for H1B" if at all I wish to continue work without going to Home country for visa stamping for sometime.

Can someone please help me with the following questions:


1. The Dates on my I-797 (Oct-1-2016 till Sep-1-2018) - does these dates mean I will be on H1b Status from Oct-1-2016 ?
or
The H1B Status will only be activated only after submitting H1b amendment for COS?

2. Can I continue working on OPT until Dec-2016 ? and then before expiry of OPT can the H1b COS amendment be Filed? Which means after Dec-2016 I wll be on H1B Status?

3. If I activate H1B will the H1B - 6year counter start from the COS activated date or it is counted from Oct-1-2016?

Appreciate your help. Many Thanks.

1. As it is consular process your H1 status will only be activate after submitting amendment, and COS and getting it approved. Merely submitting it will not make it effective, you got to get it approved first.
2. Yes. Again, merely submitting H1COS will not move you to H1 status, you need to get it approved first.
3. Only when COS is approved. Only time spent in H1 status is counted towards the 6 Year limit.

This is my opinion not legal advice.

[kaushi463]

1. As it is consular process your H1 status will only be activate after submitting amendment, and COS and getting it approved. Merely submitting it will not make it effective, you got to get it approved first.
2. Yes. Again, merely submitting H1COS will not move you to H1 status, you need to get it approved first.
3. Only when COS is approved. Only time spent in H1 status is counted towards the 6 Year limit.

This is my opinion not legal advice.

Thanks a ton ! raghvi for your response. That helps.

[ritznim]

what did you figure out?

Did you find out how to proceed? If yes, please let us know the best possible scenario.

I am looking to file a CP H1B next year because I am currently working with a non-profit organization on a Cap-Exempt H1, hence I need to file another Cap-subjective H1b (either Change of Status (or) Consular Processing) for me to switch jobs to Profit organizations.

any my straight questions is: If I get my CP H1 approved, is there a time frame in which i need to leave the country, attend the Interview and come back? Will my H1 get activated from the day I am here back in the US (or) Is it our wish when we want to go take the interview and come back?

Pleas help with your suggestions

thanks in advance,

Ritz