ytyj Posted September 28, 2019 Report Share Posted September 28, 2019 HiEarlier this April, my employer applied for my H-1B and it got approved. I was then told that it was done under consular processing (got I-797B). However, before receiving my approval I had also applied for my OPT STEM extension (24 months) in June. My STEM extension got approved in September, and I have received my EAD with my work authorization extended.My question is, will I be considered as out of status because I have not gotten my H-1B stamping done by October 1st? Or is it fine since I have my STEM EAD, and I can still get my stamping done in October, without going out of status in USA? Kind of in a fix here. Thanks for helping! Quote Link to comment
xTDx Posted September 30, 2019 Report Share Posted September 30, 2019 On 9/28/2019 at 7:59 PM, ytyj said: My question is, will I be considered as out of status because I have not gotten my H-1B stamping done by October 1st? No you will not be in trouble. On 9/28/2019 at 7:59 PM, ytyj said: Or is it fine since I have my STEM EAD, and I can still get my stamping done in October, without going out of status in USA? Correct. You can go to your home country for h1b stamping whenever you have time. You only have to go to stamping if you want to come back under H1b. That's why the h1b is filed with consular notification so that your change of status is not automatically by USCIS on 1st of october. Quote Link to comment
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