H1B Approved with i797B for 3 months

[raudra]

Hi Everyone,

I'm working as Contractor at Client Location (Employer- Vendor Relation). 
So My H1b Approved only for 3 months under consular process. With Consulate location Mumbai.
My petitioned for H1b is approved with Visa validity 26 DEC 2019 to 29 March 2020 without change of status.
I was on F1 visa with more than 18 months of CPT. Now what would be the situation please suggest me which is better to 
stay safely in USA.

what if i will go for stamping and it is only valid for couple of months, what they will do? they will provide me visa?
if they provide, in that case they will allow me to enter in USA at port of entry because i have only few months valid visa remain.
 

If anyone has faced this situation please help me. What all questions visa officer will be asking .?

[gopalakrishnach]

If you get visa they will allow at POE.

Better ask your employer to apply for extension in premium ( I may be wrong)

If not go to India attend visa interview and your employer can apply for extension..

[raudra]

@gopalakrishnach 

But Sir, Am i able to apply for extension now before stamping? Is it possible to apply for extension without stamping (I got i797B / Immediate Stamping)

 

 

[raudra]

 Am i able to apply for extension now before stamping? Is it possible to apply for extension without stamping (I got i797B / Immediate Stamping)

[gopalakrishnach]

Normally in EVC ( contracting) cases employers will ask employee to get stamping first and then they will do extension. Talk to your employer...

[MyProfile]

It is better to go for stamping before applying for extension. I think you can go to any consulate for stamping like Canada or Mexico

[Mav777]

You can get a stamp per your I 797 approval duration of 3 months. Ofcourse its very risky but you don’t have a choice since it’s consular approval.

Sounds like it’s was approved under consular process and not COS because you were not in status at the time of application or the employer requested that for some reason. Also the 18-month CPT maybe a problem. From what I have heard, USCiS under the current administration is taking the stand that a maximum of 12-month of CPT OR OPT can be undertaken, which was not the case few years ago. I would consult a lawyer.

[shekar11#]

On 1/3/2020 at 5:32 PM, MyProfile said:

It is better to go for stamping before applying for extension. I think you can go to any consulate for stamping like Canada or Mexico

He cannot go for stamping in Mexico. It is a change of status from F-1 to H-1. Mexico only allows renewals.

[shekar11#]

On 1/2/2020 at 3:00 PM, raudra said:

Hi Everyone,

I'm working as Contractor at Client Location (Employer- Vendor Relation). 
So My H1b Approved only for 3 months under consular process. With Consulate location Mumbai.
My petitioned for H1b is approved with Visa validity 26 DEC 2019 to 29 March 2020 without change of status.
I was on F1 visa with more than 18 months of CPT. Now what would be the situation please suggest me which is better to 
stay safely in USA.

what if i will go for stamping and it is only valid for couple of months, what they will do? they will provide me visa?
if they provide, in that case they will allow me to enter in USA at port of entry because i have only few months valid visa remain.
 

If anyone has faced this situation please help me. What all questions visa officer will be asking .?

You need to go for stamping. You cannot get extension because it is consular processing. CPT for more than 12 months is a big red flag. Be prepared as the visa officer will ask you about your CPT duration. Have a backup plan.

[raudra]

@Shekar11

You need to go for stamping. You cannot get extension because it is consular processing. CPT for more than 12 months is a big red flag. Be prepared as the visa officer will ask you about your CPT duration. Have a backup plan.

 

Big red flag, means what would be situation? what kind of question VO will ask? could you guide me so i can atleast prepared that way.

[User099]

Question- Did your employer ask for consular processing or was your COS rejected?

If your COS was rejected, then VO will ask you about your status all the while you are on F1. 

Most likely you can't file for an extension until you come back on H1. 

Every case is different, people here can answer your questions but without knowing the actual details it will be difficult to give your a complete picture. I would recommend to talk to an attorney to have your case reviewed before you go for the interview to get a full understanding on your case. 

[shekar11#]

On 1/6/2020 at 6:29 PM, raudra said:

@Shekar11

You need to go for stamping. You cannot get extension because it is consular processing. CPT for more than 12 months is a big red flag. Be prepared as the visa officer will ask you about your CPT duration. Have a backup plan.

 

Big red flag, means what would be situation? what kind of question VO will ask? could you guide me so i can atleast prepared that way.

Red flag means lot of questions relating to CPT like was it really necessary (professor's letter asking whether CPT was really required to complete the course, letter from employer and how did you get the job).