Help! H1b Consulate Processing

[davisa]

My f1 status was automatically terminated because I forgot to submit an letter approving that I can only take 2 courses in the last semester in fact there were only 2 courses left. The status was terminated in early December. I filed a F1 reinstatement in late December. After that I filed H1b. Now h1b was approved but required me to go back to homecountry and apply for h1b. My problem is all the visa interview appointments are full now; I can't book any time before March. I was wondering if I can work first and go back in April for the visa?

By the way, I completed the courses and graduated now. The school said I can get a degree. My boss really needs to work asap. I am afraid if the position will be there if I can't work in early March. I am so nervous. Please help! Thank you so much!!

[shervin143]

You cannot work unless you are in H1B status. If that is allowed, them there is no need for you to go for the visa stamping, don't you think? If yu want to work in H1B status, then get your H1B petition (that is approved for consular process) stamped and return back in H1B visa and start working for the H1B sponsor.

[kabkaba]

What happened to your re-instatement application? If that was approved, you can apply for OPT. But even for that early March seems to be too early.

[davisa]

The re-instatement is still under initial review.

Yes I will go back to have visa stampped immediately.
Is there a problem of 180 illegal stay? Is there a big risk that the consulate might not stamp my visa on basis of illegal stay? Or there is no illegal-stay concern since I filed f1 re-instatement?

[davisa]

Can I go to other countries like Mexico to have my visa stamped? I can't book an interview date before mid-March in my original embassy. All dates are crazily full.

[shervin143]

If you stay illegally for more than 180 days, you could up to 3 year ban. It all depends on how you explain your case to the VO if asked.

Is there a problem of 180 illegal stay? Is there a big risk that the consulate might not stamp my visa on basis of illegal stay? Or there is no illegal-stay concern since I filed f1 re-instatement?

[shervin143]

Not advisable. Chances of getting a 221g is high in your case. Check the below link.
https://www.immihelp.com/usa-visas/v...gcanadamexico/

Can I go to other countries like Mexico to have my visa stamped? I can't book an interview date before mid-March in my original embassy. All dates are crazily full.

[davisa]

If you stay illegally for more than 180 days, you could up to 3 year ban. It all depends on how you explain your case to the VO if asked.

Thank you for your response!

My status was terminated on Dec.3. I filed f1 reinstatement in late Dec. Then I filed h-1b. Am I legally staying here ever since I filed f1 reinstatement?