H1B approved through Consulate Process - Help needed urgent

[sairamvatta]

Hi everyone,

I am on my Stem Opt Valid until Jul 2019, My employer applied H1b this year with an in-house project and it got picked. Later there was an RFE on that and it was also cleared, and I got approval notice on Oct 13th.and after approval they requested for consulate process there was no I94 attached ( I traveled to India in early May after my H1b got picked So the I94 is not attached) . Currently am not in project. I have below question


My questions:

1)Did my OPT status got converted to H1b or It will not convert untill I go for a Consulate Visa process and come back with approval and re-enter to US?
2) How can I get my COS to H1b without going to Consulate process ? ( I am not in project currently)
3) Is there any particular time frame I can do this process as my H1b approved for 1year period?
4) In case the COS is not approved can I continue on my Valid OPT ?

Kidnly Help me out ASAP , Please correct me If there are any issues.
Thanks in advance.

[raghvi]

Hi everyone,

I am on my Stem Opt Valid until Jul 2019, My employer applied H1b this year with an in-house project and it got picked. Later there was an RFE on that and it was also cleared, and I got approval notice on Oct 13th.and after approval they requested for consulate process there was no I94 attached ( I traveled to India in early May after my H1b got picked So the I94 is not attached) . Currently am not in project. I have below question


My questions:

1)Did my OPT status got converted to H1b or It will not convert untill I go for a Consulate Visa process and come back with approval and re-enter to US?
2) How can I get my COS to H1b without going to Consulate process ? ( I am not in project currently)
3) Is there any particular time frame I can do this process as my H1b approved for 1year period?
4) In case the COS is not approved can I continue on my Valid OPT ?

Kidnly Help me out ASAP , Please correct me If there are any issues.
Thanks in advance.

1. No, you would continue to remain on OPT till you go out and come back on a valid H1 visa.
2. Without project and end client, it would be difficult.
3. No particular time frame.
4. Yes till OPT validity.

This is my opinion not legal advice.

[sairamvatta]

1. No, you would continue to remain on OPT till you go out and come back on a valid H1 visa.
2. Without project and end client, it would be difficult.
3. No particular time frame.
4. Yes till OPT validity.

This is my opinion not legal advice.

Thanks Alot raghavi for the reply.

1) Till what date can I apply COS , Should I apply COS before my One year H1b expires or Can we apply even after the H1b One year period.
2) Will there be any H1b taxes or The taxes will only be after my H1b is activated ?
3)Can I also apply COS with out travelling for India to get stamped?
4) At this time When I my h1b is approved for consulate process , can I go with other employer If they accept my transfer and apply for COS or Go for stamping .
Isit possible to do or its not?

Thanks alot in advance.

[raghvi]

Thanks Alot raghavi for the reply.

1) Till what date can I apply COS , Should I apply COS before my One year H1b expires or Can we apply even after the H1b One year period.
2) Will there be any H1b taxes or The taxes will only be after my H1b is activated ?
3)Can I also apply COS with out travelling for India to get stamped?
4) At this time When I my h1b is approved for consulate process , can I go with other employer If they accept my transfer and apply for COS or Go for stamping .
Isit possible to do or its not?

Thanks alot in advance.

1. Anytime within 6 Years of H1 petition approval.
2. No. You pay taxes as per your income not as per your visa/immigrant status.
3. Yes.
4. Yes it is possible, but its at the discretion of USCIS to approve COS or not.

This is my opinion not legal advice.

[sairamvatta]

1. Anytime within 6 Years of H1 petition approval.
2. No. You pay taxes as per your income not as per your visa/immigrant status.
3. Yes.
4. Yes it is possible, but its at the discretion of USCIS to approve COS or not.

This is my opinion not legal advice.

Thanks Raghvi ,
1) As my H1b is approved for consulate process , So Inorder to convert to H1b status . Do I need to apply for COS before Next year (i.e Sep 2018) or I can do even after my Validity?

simply When can I go for stamping, even after the validity is done after one year?

2)I just want to know whether H1b taxes are applicable for me as of now or I will be applicable for OPT Taxes as my Status is still on OPT.

Thanks in advance.

[varunsangoju]

Thanks Raghvi ,
1) As my H1b is approved for consulate process , So Inorder to convert to H1b status . Do I need to apply for COS before Next year (i.e Sep 2018) or I can do even after my Validity?

simply When can I go for stamping, even after the validity is done after one year?

2)I just want to know whether H1b taxes are applicable for me as of now or I will be applicable for OPT Taxes as my Status is still on OPT.

Thanks in advance.

I am in the same situation. When I contacted my college, they told me that my F1 sevis is closed. I am afraid I'm out of status and planning to go to India next week for stamping. I would actually like to know if we can re-apply for COS if it is rejected once.