H1b approved but received I797 B instead of I797A

[ashareddy27]

I am on my OPT status and OPT ends on june 30th ,now my H1 is approved but I received I797B  instead of I797A. As my company didnot apply in change of status my sevis was not updated by USCIS, for this reason my school is not giving me CAP-GAP I20 .

I am trying to file a amended I129 form , my question is do I need to file LCA again for this I129 form ?

if amended I129 form doesnt reach USCIS before 30th of june will I be out of status ?

I dont have much time (15days) what are my options now ?

 

[t75]

Why are you attempting top file these? Contact your employer. Otherwise, go for a vacation and come back for H1B with new stamping.

[JoeF]

First off, YOU can't file anything. The employer would have to file.

Does the employer have a lawyer? If not, they should get one.

You may have to stop working when your OPT expires. You have a 60-day grace period to leave the country, but you can't work during that time, without cap-gap.

[ashareddy27]

Thank you for your replies. I ment My employer is filing the amendment I-129 on my behalf. We anticipate to send the ammendement I-129 on the 27'th or 28'th of this month due to the requirement of LCA, Is a new LCA required to file an ammendment I-129 ?

Will I be eligible to work on Cap-Gap once the amendment I-129 has been filed provided it reaches USCISwithin time ?

 

Also according to the USCIS link it says I will be eligible for Cap-Gap if timely filed (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”) which is a little confusing as it includes the 60 day grace period for filing the amendment in my case ?
 

[newy0rker]

Thank you for your replies. I ment My employer is filing the amendment I-129 on my behalf. We anticipate to send the ammendement I-129 on the 27'th or 28'th of this month due to the requirement of LCA, Is a new LCA required to file an ammendment I-129 ?

Will I be eligible to work on Cap-Gap once the amendment I-129 has been filed provided it reaches USCISwithin time ?

 

Also according to the USCIS link it says I will be eligible for Cap-Gap if timely filed (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the “grace period”) which is a little confusing as it includes the 60 day grace period for filing the amendment in my case ?

 

Hey Asha,

 

I have the similar issue. Did you hear anything back from USCIS regarding your COS? What are you planning to do? 

[newy0rker]

Why are you attempting top file these? Contact your employer. Otherwise, go for a vacation and come back for H1B with new stamping.

 

Hi t75,

 

What if I am on EVC model & End client can't wait for 2 months & fire me? I won't even have any client letter then for Visa Stamping.

[Priyanshu2025]

Can you please update the result of your case ? what you did ? i have same situation.