H-1B Visa consular processing (Form I797B) - Presidential Proclamation

[pinkfloyd]

Hello,

 

I am currently working as a Physical Therapist in the Dallas TX area on my F1 Student Visa - CPT work authorization that, along with my School tenure, ends on Jan. 30 2021. (I am pursuing my Doctorate of Physical Therapy and would be graduating on Jan. 30 2021).

I had applied for and submitted my OPT work authorization at TX lockbox and it was signed for and received on Nov. 13 2020.

It has been more than 2 months to that now but I have not even got the Receipt Notice yet.

 

My employer had filed my H-1B work visa petition (consular processing) in 2020, it was approved and I have the Form I797B Approval Notice.

Considering the current delays in OPT work auth. processing and that my CPT work auth. ends soon, I am thinking of traveling to my base location India and get my H-1B Visa stamped so I can resume my work once I travel back to the US. I wanted to check on the following queries in this regard. Request you to clarify. -

 

1) I have been in the US itself on a valid F1 nonimmigrant visa since the time the Presidential Proclamations were put in place first. Also I am a healthcare professional so I understand that I qualify under the National Interest Exception too.

So I think I am exempted from the Presidential Proclamations and can get my H-1B visa stamped (consular processing) in India.

I want to confirm my understanding, specifically because it will be a change of visa classification for me (from F to H visa). Please let me know.

 

2) Considering that my OPT work auth. processing is in process (even the Receipt Notice has not been generated yet), would this cause any issues if I go ahead with my H-1B visa stamping from India? Please let me know.

 

Thanks and Regards.