H1B approved in consular processing while i am outside USA


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Hello,

 

I am currently in masters CPT. My H1b got picked up and got a RFE which will be replied end of September.

 

Questions:

 

1.If H1b is approved in consular processing and got approved , Is there any rule which states within how many days that i have to leave the country to get my H1b stamped. Can i continue to work in CPT and exit the country whenever i want to get H1B stamped ?

 

2.When H1b is approved in consular processing and i am outside the country during that time, can i get back in F1 CPT ?

 

Thanks

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  • 1 month later...
On 8/29/2018 at 10:46 AM, kaniyan said:

Hello,

 

I am currently in masters CPT. My H1b got picked up and got a RFE which will be replied end of September.

 

Questions:

 

1.If H1b is approved in consular processing and got approved , Is there any rule which states within how many days that i have to leave the country to get my H1b stamped. Can i continue to work in CPT and exit the country whenever i want to get H1B stamped ?

 

2.When H1b is approved in consular processing and i am outside the country during that time, can i get back in F1 CPT ?

 

Thanks

less chances with current rules. If you H1 got approved you need to go to consular processing.  If they approve your petition in consular processing you can continue your work on H1 itself. If they deny  your petition you cannot come back to US anymore. 

I am sure according to new rules . there is a 3 or 5 years ban for unlawful presence. so it is advisable to contact attorney before you are going to do anything. all the best 

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