Rajeshkumar2309 Posted May 4, 2020 Report Share Posted May 4, 2020 I filed H1B FY2020 under the consular process and it got denied in October 2019, Later we filed an MTR and it got approved on May 1, 2020, with I797 B Consulate notified location is Hyderabad, India. Due to Corona, I couldn't go for stamping, and my End date for H1B is Sep 30, 2020. Please let me know if my COS can be approved without stamping at Physical location. My current status is CPT started on Jan6, 2020. FYI, I got picked in a lottery for FY2021 and the end date for submission is June 30 Quote Link to comment
User099 Posted May 6, 2020 Report Share Posted May 6, 2020 You can't use the H1 which was approved under consular processing untill you get a visa stamp. Quote Link to comment
Attorney_15 Posted May 6, 2020 Report Share Posted May 6, 2020 Generally, USCIS will deny an H1B Petition requesting change of status based on the argument that the petition Beneficiary was counted against the cap based on a Consular Processing H1B approval. There are rare cases where this strategy works. If one has no other option than doing this, it can certainly be tried. However, if such a person has been selected in the latest Cap lottery it is generally safer to proceed with filing the H1B Cap case with the Selection Notice before the deadline for filing. To consult with a Murthy Law Firm attorney you can contact us via https://www.murthy.com/consultations/ or ask about hiring Murthy Law Firm to represent you and your employer in preparing an H1B case. Quote Link to comment
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