H1B Approved but I-94 not attached

[nikhilinforeq]

Hello,

 

I recently got H1B approval for 1 year (10/01/13 to 09/30/2014) but I did not get I-94. Approval letter says that petition has been approved but I am not eligible for change of status. In the approval letter they suggested that I can depart the USA and apply for proper visa at a consulate abroad (India).

 

I got two RFE's during H1B Process. Currently I am working as a consultant on CPT status.  This is my 2nd Masters in the USA. 

 

I would like to change the consulate to Canada. Is it possible. If so, how many days would it take for the process?

 

Is this a normal process? Do I need to take  the initiative right now? or should I just wait till October and travel for stamping then? Any alternatives? 

 

I would greatly appreciate any kind of suggestions regarding this.

 

Thanks,

Nikhil

 

 

[rahul412]

I got two RFE's during H1B Process. Currently I am working as a consultant on CPT status.  This is my 2nd Masters in the USA. 

 

This is the reason why your COS was not approved. Given the fact that you are working instead of going to school you have abused F1 rules by misusing CPT.

 

Now your H1 interview will depend on your luck.

[Attorney_11]

Depending on the accuracy/veracity of the reason why the change of status was not approved, departure from the United States may be mandatory to avoid accruing time unlawfully present in the United States. If departure is required, the sooner one departs the better. There is no need to formally request a "chance of venue" for the consulate where one would appear for a visa issuance interview. Assuming that the consulate accepts Third Country Nationals, once can just go through the process to schedule a new visa appointment at the consulate of choice.

[Sainadhuni]

I did apply for my H1B extension last year October/13/2012 and the case went to RFE for Client letter request. I did submit all the documentation and the case went to Initial Review. While I was waiting and meanwhile my current H1B got expired on December/31/2012. My employer contacted and we didn't get any response from USCIS. So, my employer reapplied a new H1B extension on May-22-2013 and today I received the approved I-797 without the I-94 and it says I need to get my stamping.

Please kindly give me any suggestions

[rahul412]

Please kindly give me any suggestions

All you have to do is, attend the interview and get your visa.

[nikhilinforeq]

@Attorney_11- Thanks for the response.

I never stayed unlawfully. Initially I was issued F1 Visa for my course duration. visa expired with my course but I was told that it is legal to stay on OPT (Even though my visa was expired). Even before the comp[letion of OPT I changed my status from OPT to student F1 again by enrolling into another master's degree. I got CPT here and I started working.

Does USCIS consider this as unlawful stay?

If I go for stamping (Say in a week or two) can I return immediately if it is approved? or should I wait until October as H1B starts in October?

In the approval letter USCIS listed a consulate (India). Also, they specified that if I had to chnage consulate then I have to submit I-824 Form to USCIS.

I would appreciate your views.

@Rahul412- thanks for your response

[rahul412]

 Even before the comp[letion of OPT I changed my status from OPT to student F1 again by enrolling into another master's degree. I got CPT here and I started working.

Does USCIS consider this as unlawful stay?

It's not unlawful stay, its illegal work during your legal stay. And yes, USCIS is following very strict rules when it comes to CPT/OPT. Are you not reading the news??