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Praveen Tata

STEM OPT. Received I797B (already working in the USA). I-94 status did not update. Need to get H1-B VIsa stamped before end of June

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Hello,

I am on STEM OPT which is expiring at the end of June.

I received my H1-B confirmation in the form of I797-B which is valid for 3 years.

My I-94 status did not change because of which I need to get my H1-B visa stamped and re-enter the USA before the end of June.

I have 2 questions:

1) As we are facing the tough situation of COVID-19 and all consulates across the world are closed for interviews, what is the best way to deal with the visa stamping task?

2) If I cannot get my visa stamped before the end of June and I go out of status, can I go on unpaid leave and return to the USA when my visa stamping is done? Can I keep my job? Is it legal?

Please suggest.

Thanks.

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1. Sit tight and wait.

2. You can go on unpaid leave, but you will have to file for a B2 to cover the gap in status to stay legally. You can't work after you EAD is expired. 

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On 4/3/2020 at 2:42 AM, User099 said:

1. Sit tight and wait.

2. You can go on unpaid leave, but you will have to file for a B2 to cover the gap in status to stay legally. You can't work after you EAD is expired. 

Thanks a lot for the information.

My attorney is not giving me any information. They did not tell me about B2.

I will ask them about the procedure and if required to start as soon as possible.

 

Thanks a lot for the help.

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