soh Posted September 5, 2016 Report Share Posted September 5, 2016 Hello! My question: Are there different rules guiding an H1B - approved only petition versus an H1B-approved & stamped petition aka visa)? More specifically I am looking to understand what is considered out of status and unlawful presence when stamping has not yet been done . In other words the beneficiary has not entered US on new status? In 2015, I had a change of status from F1 to H1B. The I797A document has an I94 record number that gives the validity of H1B petition till 2018. Last I entered USA was on F1 visa that is now expired. It would be great if you can share what constitutes: 1) an unlawful presence on a fresh H1B approved petition but not stamped valid till 2018 2) out of status on a fresh H1B approved petition but not stamped valid till 2018 A little insignificant yet most sought after question --> Does any one else feels the way I do -- F1 visa was Friendly #1 visa and H1 visa is Horrible #1? :) Link to comment
JoeF Posted September 6, 2016 Report Share Posted September 6, 2016 There is no difference. A visa is an entry document. It allows you to enter in H1 status. An approved H1 petition also gives you H1 status. While in the US, only the status matters, as listed on the I-94. Link to comment
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