msp _msp Posted October 13, 2023 Report Share Posted October 13, 2023 Need advice So I was on an F1 visa, started working on OPT my H1B got picked. So my company's attorneys processed the approval and got my an I797B . The approval began as of Oct 1st, but I would have to go to my country to get it activated. So i booked my tickets for Oct 16th. Just today I received an email from my college saying congrats on H1B, your F1 got closed. However if you are on I797B please reactivate your F1 until you get stamped to be compliant. I am about to leave for my home country in a day and no way my F1 will be reactivated in a day. So, will the consulate back home scrutinize this, will they refuse to stamp as my F1 has not been active since oct 1st (i e 15 days) and my H1 is also not active ? Quote Link to comment
Attorney_15 Posted October 13, 2023 Report Share Posted October 13, 2023 Generally, if one falls out of status because of an unexpected action by USCIS and one departs the US within days of that action, one generally remains eligible for an H1B visa. However, in such situations it is usually a good idea to get specific legal advice from an attorney. Quote Link to comment
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