How to File H1B extension (based on I140 approval) when on F1

[1954nishant]

Hello , 

Was on H1B for 6 years - Perm (EB2) didn't approve in time (before the end of my 6 years).

Didn't leave the country went on F1 . 

 

Now my I140 is approved and trying to get back on H1B (7th year extension based on Approved I140) through my employer which is a consulting firm and works on E_V_C model.

 

I just got a project at client site.

 

Question is how do i apply for a new H1B since : 

I work on EVC model i can't start working at client site without H1B & 

on other hand 

To get on H1B (since E_V_C model) the client WO , PO etc  has a start date of 'July1' which is like a week + 2 days during which difficult to get the new LCA approved and file H1B & get EAC number.... 

 

I mean will be a issue if by chance my H1B don't get filed by July 1st to start working as petition/WO will say start date July1 and say H1b filed on July3rd ....

 

It's a catch 22 situation. 

 

Please any suggestions on how to make this situation work .. please 

 

Thanks 

Nishant 

[rahul412]

It shouldn't be a big deal.

[1954nishant]

Thanks rahul412 

 

Will the change of status approve though (I94 attached) or am i looking at consular processing ?

 

Reason being i am attending a proper college (not on CPT or anything like that) and maintaining GPA and all . Do you think that will help to get COS within the country ?

 

Thoughts please 

 

Thanks 

Nishant 

[t75]

There is no way to predict with near certainty how it will be approved.

[1954nishant]

Thanks Advanced Member , 

 

Agree but was wondering based on people who have gone through this in the past might share their experience like say is there any particular thing we need to avoid or include in our application types.

 

 

And finally suppose they deny COS am i eligible to file a MTR and would doing that be a good idea.

 

Thanks 

Nishant

[nineballs]

I think you are thinking it too much. I believe its fine to have a start date with the client and join the client in few weeks of the start date. Given the immigration process delays, its understandable to miss the start date by few days/weeks.

[rahul412]

Will the change of status approve though (I94 attached) or am i looking at consular processing ?

Their is no way to predict it.