Change of Status from F1(Post completion OPT) to H1B(Got I797B without I94)

[Jay34]

Hi Team,

I completed My Masters on Dec 2015 and I got Post completion OPT on Jan 2016 which expires on Jan 2017. I filled My H1b for 2016 Master gap. I got H1B Approval after an RFE on my Internal Project from Vermont center . But in the H1B Approval form (I797B) I didn't have I-94 number updated. I checked with My University on 3rd Oct 2016 and got to know my SEVIS shows as completed with change of status Approved. 

When I browse though couple of blogs for some cases like me. They mentioned I have to go out of country and get the stamping to stay legally. 

I filed my H1B when I am on in-house Project with My employer. But After that I moved to a new client. Now I had a client where I am currently working.

My Question: 

1. Do I need file the amendment and get approval before I go to stamping. 

2. Am I legally allowed to Stay in USA and work until I finish the the Amendment filling and getting result.

3. If not Please let me know the best thing I need to do now.

Thankyou in Advance.

Ram Pamarthi.

[rahul412]

Your COS is not updated. Didn't your employer mentioned this to you? You are still on F1 until your OPT expiration date. You need H1 amendment and with that amendment approval attend H1 interview and enter into US on H1.

[Jay34]

Thanks for your Reply Rahul, 

My Employer Mentioned that COS is not done. But When I check with My University about my current status on Oct 3rd 2016 they mentions as      " Your SEVIS record is showing COMPLETED status due to change of status approved ".By this I came to know that my F1 status had completed and H1B status haven't been started bcoz of I-797B. So I had a question now on which status I am on now? 

If I don't have any status am I allowed to stay in US and file the amendment and wait for its approval to go for stamping?

Appreciating your support. 

Jay.

Edited October 5, 2016 by Jay34

[rahul412]

You have no status as of now since you doesn't have a valid I94. You need to leave US ASAP and enter on H1.

[Arash]

Hi Rahul,

I have the same question as Jay, my SEVIS record shows completed and I have I-797B approved.

My employer told me that I can file an amendment to receive 797A with I94 , instead of going to the consular. Is this process correct? Do you know how long does this process take? 

Thanks

Arash 

[Arash]

@Jay34 Hi Jay, I was wondering if you were able to get your visa after Oct 1st deadline? Please let me know. 

I am in kind of similar position and I want to know if I go to the embassy, will I receive the visa for my I797B or not. 

Thanks

Arash

[Arash]

@Jay34 @rahul412

Hi all, 

I just wanted to mention here that I was able to receive I797A without the need to go to consular. 

I originally had I797B and my employer filed an amendment. Please let me know if you have questions, I will be happy to help. 

Arash

[Arash]

@Jay34 and others reading this Forum - 

The October 1st deadline is a mistake from USCIS side. The company attorney can appeal this and you will get positive response. No need to leave the US if you have I797B. 

Arash

[Pinkycutie]

Hi Jay, i am also in the same situation. I got I-797B approved .I have my opt until July 05,2020 and i-94 is expiring on march 31,2019. But in my sevis portal it's showing the dates as 10/01/2018 to 09/30/2020 but i got my i-797B approval till 2021. Could you please suggest me what to do. Do i need to go for stamping before my i-94 gets expired? Or do i need to go for visa stamping immediately?

[talasu1114]

On 6/6/2018 at 4:47 PM, Arash said:

@Jay34 and others reading this Forum - 

The October 1st deadline is a mistake from USCIS side. The company attorney can appeal this and you will get positive response. No need to leave the US if you have I797B. 

Arash

Hi @Arash and all, 

I have the same situation, I got I-797B approved with only 2.5 months of work authorization (10/15/2019 - 12/31/2019)  and my Sevis record was terminated. I was on CPT when all this happened. Do I need to continue working on CPT and file extension and once I receive extension approved, I need to visit India and get stamped ? or Do I need to travel ASAP and get stamped then apply for extension (Is it risky considering only 2.5 months of work authorization ?) ?

Could you or anyone suggest me how to approach in this scenario ?

Best,

Talasu

Edited October 25, 2019 by talasu1114