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Got I-797B without I-94, so when to do H1B stamping

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  • Got I-797B without I-94, so when to do H1B stamping

    Hi,
    i received my I-797 or h1b approval.
    it started this october and have dates 10/1/2009 to 2011.
    BUT IT DOESNOT HAVE NEW I-94 on it
    i was on student visa F-1 and converted to H1-B and my OPT card expires this december end 12/31/09

    Now my question is as i dont have new I-94 and on my passport i have I-94 with validity dates as long as F-1 is valid.....
    so
    1. can i work here and go to india next year in september for H1b Stamping ??
    2. or do i have to go to india right now and appear for h1-b visa interview and return to USA???

  • #2
    Was H1 applied as COS?

    If not, you will still be on F1-OPT until 12/31.
    To change status, either you can file for COS or leave US and enter on H1.

    Comment


    • #3
      See below.

      Originally posted by queryforh1 View Post
      Hi,
      i received my I-797 or h1b approval.
      it started this october and have dates 10/1/2009 to 2011.
      BUT IT DOESNOT HAVE NEW I-94 on it
      i was on student visa F-1 and converted to H1-B and my OPT card expires this december end 12/31/09

      Now my question is as i dont have new I-94 and on my passport i have I-94 with validity dates as long as F-1 is valid.....
      so
      1. can i work here and go to india next year in september for H1b Stamping ??
      >>>> You need to get your H1B stamped and enter U.S in H1B to work on that status. Success rate of filing an H1B amendment to change the approval from consular process to COS is less and you don't have enough time. Even premium process (additional $1000) will take 15 days.

      2. or do i have to go to india right now and appear for h1-b visa interview and return to USA???
      >>>> Since your OPT is expiring on 12/31, you need to get the visa stamped to work on H1B past 12/31.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment

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