Please Help.

[Programmer74]

Hello,

I came to US August 2006 did my masters and graduated December 2008. OPT started December 31st 2008.

My employer applied H1B November 2009, it was approved and started from November 25th 2009. I recently noticed that our attorney while filing the H1B had my current immigration status as H1B instead of F1 on the I-129. Will it be a problem while getting my visa stamped?. Is there anything I need to do before going to the Visa Stamping Interview?

USCIS did not send any RFE or anything while processing the applicatoin. I read that USICS has a PIMS which stores all the petition information and stuff? Is there a way to get that corrected in the PIMS? I really don't have a clue what to do?

P.S: My employer is not a consultant and It's an all american small business and I work on the same field as my Masters education.

Any advice will be appreciated. Thanks for looking.

-Sanjay.

[bhanadi]

I wouldn't worry about that. Let them know in the interview IF they ask about your previous H1B that you were on F1 and this is your first time H1B. They will anyway have this information.

Thanks!

[Attorney_23]

Programmer,

Is this the first time you are applying for an H1B visa? If yes, was your petition approved as a change of status?

It is difficult to determine how you should proceed without more information. However, from the limited information you are providing, it is imperative that you consult with an experienced attorney BEFORE you leave the U.S. Or, if you have already left the U.S., you should still consult with an attorney prior to attending your visa interview.

[Programmer74]

Hello Attorney_ 23,

Thanks for the response.

Yes. This is my first H1B application. Everything in my I-129 was correct execpt for the stated mistake. To be more specific,

Part 2 of the I-129 applciaton (Information about this application):

Question 1: Requested Non Immigration Classification - H1B

Question 2: Basis for Classification - New Employement (Option A in checklist)

Question 5: Requested Action - Change the person's status and extend the stay since the person(s) are all now in US in a another status (Option B in the checklist)

The only mistake made was in

Part 3 of the 1-129 Application( Information about the person you are filing for)

For the question Beneficiaries current non immigrant status - It was incorrectly answered as H1B where it should be F1. (I-94 was included as a part of the application which clearly states that my status was F1 at that time). And also the employers letter states that I am currently on OPT and I need a H1B for working so and so.

Please let me know if you need more information.

Thank you very much for the time,

Regards,

-Sanjay

[Programmer74]

bhanadi,

Thanks for the response. I appreciate it.

Regards,

-Sanjay.