Moving from F1 OPT to Approved H1 but without COS

[user1989]

Hello All:

Need expert advise for my case. 

I graduated on Dec 2015. OPT valid from Feb 01, 2016 to Jan 31, 2017. Employer applied the H1B on April 15, 2016. Got RFE and submitted all documents. Finally H1B approved om Aug 19 but without the COS(Change of Status) ( Without I94). Expected cause is I have traveled to India for 4 days in May and 16 days in July End, due to personal cause. My SEVIS was  active till 30 September but on monday (Oct 3rd) yesterday I talked with my DSO and she informed that the SEVIS status is COMPLETE. She tried to re instate the SEVIS but it is not happened. I would like to know what is my options now. 

Today is Oct 5 and I am my DSO trying to re-instate again but no update from her yet. I have booked a VISA interview in India on Oct 24. Now What????

Thanks a lot for your valuable reply...

[rahul412]

Get your VISA ASAP.

[SatyaS]

Hi,

I am Satya, and I am in a very similar situation. I was on my F1 OPT Cap extension until Sep 30th 2016. My employer emailed me my h1b approval notification in November 7th 2016 with a  "Starting Validity Date: 11/04/16 and Ending Validity Date: 09/14/19". However, my employer notified me recently that he did not receive an I-94 form along with the I-797 approval notice. It specified that "Consulate notified (if applicable): HYDERABAD
I-94 # (if applicable): #### " and my emploer contacted USCIS and requested them to send i-94 form. Not sure what what my options are at this point, I am waiting to hear back from the USCIS and my employer!!

 

Does "Consulate notified (if applicable): HYDERABAD" mean I have to go to Hyderabad and Hyderabad consulate only to get my H1B stamping(will be my first) or can I travel to Canada?

Also, does not receiving i-94 along with i-797  in this case mean I am out of status now!

In the notification they provided my I-94 number. Does that imply I am Legal to stay and work in the US?

 

Any input will be great. I am still waiting for my employer to send me a copy of the I-797 approval. What kind of questions do I need to ask to understand my situation If I contact an attorney, like the murthy law firm?

 

Thank you for any input.

[shekar11#]

You need to get your I-797 first and then check to see if they issued I-94 or else you will have to get your visa stamped at Hyderabad consulate. If you want to change consulate you need to file a form. Not sure what it is.