I-797 B and looks like I am in Big Trouble now !!!!

[newy0rker]

Hi all, 

 

Need help from experts on my case. 

 

 

I got my H1B approved starting from Oct 1, 2013. I don't trust my employer now because they were giving me really hard time and finally they gave me scanned copy of my H1B yesterday only.

 

I was shocked when I saw it's i-797B and not an i-797A. My OPT (STEM extension) is getting expire on July 17. My employer's lawyer says don't worry, we have already replied to USCIS and make the changes and give the i-94. But, I don't trust them now.

I think I don't want to go for stamping because client does not give the client letter.

 

I have a few questions as below :

 

1. I have already sent I-797B copy to my university and I am waiting for their reply. They will get back to me today or tomorrow. Will I be able to eligible for cap-gap with I-797 B?

 

2. Can I apply for another H1B from a new employer while I am on OPT? Is it risky? If I get approved for a new employer, can I start working right away (before Oct 1)?

 

3. what would be the best steps to take in this kind of situation?

 

I'd really appreciate your help !!!

 

 

 

[rahul412]

I have a few questions as below :

 

1. I have already sent I-797B copy to my university and I am waiting for their reply. They will get back to me today or tomorrow. Will I be able to eligible for cap-gap with I-797 B?

 

2. Can I apply for another H1B from a new employer while I am on OPT? Is it risky? If I get approved for a new employer, can I start working right away (before Oct 1)?

 

3. what would be the best steps to take in this kind of situation?

 

I'd really appreciate your help !!!

Since your COS was rejected, you need to attend the interview before Oct 1st.

[Attorney_11]

Generally, cap gap protection requires that an H-1B petition for the student have been filed requesting change of status. It is possible, in certain cases, to change employer for a beneficiary of a cap subject petition before the petition becomes valid on October 1. It is best to discuss options with a qualified competent immigration attorney to determine the best course of action.

[t75]

If your OPT is going to expire in 2 weeks, it is unlikely that looking for a new employer will solve your problems.

[newy0rker]

Generally, cap gap protection requires that an H-1B petition for the student have been filed requesting change of status. It is possible, in certain cases, to change employer for a beneficiary of a cap subject petition before the petition becomes valid on October 1. It is best to discuss options with a qualified competent immigration attorney to determine the best course of action.

 

Thanks for the reply, Attorney !!!

 

Now the problem is, My employer's lawyer is saying, she will take care of it. But, I don't trust her, because she is not saying anything. She is just replying like "I have done amendment to USCIS and you will get i-94 in 2 weeks". I am not sure what exactly she meant by that. She is not even ready to give me the details like why exactly I got i-797B and not an i-797A.

 

I have already found a new employer, who is ready to do my H1B trasfer - EVC model. (Vendor and client will remain the same - already talked to vendor and they are ready to work with my new employer). I am just changing the employer. Do you think I can get i-797A this time? (I am gonna do premium processing, so hopefully I will have at least a receipt number before my OPT expired - July 17).

[wiweq]

You should have H1b approved "with change of status" by July 17th, otherwise you would be benefitted by cap-gap rule.

If you get out of this, change your employer. Never do consulting work on H1b. The consulting model in USA doesn't match with H1b requirements. Like USICS doesn't like multiple layers, per hour rate, no client letter etc.

[newy0rker]

Since your COS was rejected, you need to attend the interview before Oct 1st.

 

Thanks for the reply, Rahul !!!

 

How would I know my COS was rejected? I don't trust my employer anymore, even the lawyer isn't giving any proper reason about why I got i-797B. She just says she'll take care of it. I still think they have never applied for my COS and they just applied H1B & that is too based on my bachelors in India & that's why I got i-797B.

 

I got a reply from my university DSO today that they can't issue me a cap-gap i-20 based on i-797B, She asked me to send an H1B approval with i-94. From my understanding, I don't need i-94 to be eligible for cap-gap. is that true? How can I get a cap gap i-20 from my university based on i-797B?

 

Since my university is not giving me cap-gap/datafix in SEVIS, what I need to do? Can I still go for stamping around 20 th September & come back & start working from 1st october, if stamping is succeful.

[newy0rker]

If your OPT is going to expire in 2 weeks, it is unlikely that looking for a new employer will solve your problems.

Thanks for the reply, t75 !!!

 

I already have a new employer who is ready to do H1B transfer (New H1B with Cap Exempt). I am on EVC model, so I am changing employer only (Vendor & Client will be the same ).I am going to do it in Premium Processing. Hopefully, I will get an EAC number before July 17. Do you think, I still have any chance to get an i-797A if my H1B transfer approved or I would get an i-797B only?

[newy0rker]

You should have H1b approved "with change of status" by July 17th, otherwise you would be benefitted by cap-gap rule.

If you get out of this, change your employer. Never do consulting work on H1b. The consulting model in USA doesn't match with H1b requirements. Like USICS doesn't like multiple layers, per hour rate, no client letter etc.

Thanks for the reply, Wiweq !!!!

 

My university is not giving me the Cap-Gap i-20 based on i-797B. (They want i-797A). Even I don't understand why she needs change of status for cap gap.

 

Thanks for the advice about never working as a consultant. I am going to do the same, in fact I have already started looking for the direct client jobs, no matter what. I might get a permanent job through my client as well down the road. I just need to pass this hurdle as of now & I am all confused because of my employer. It's their mistakes and now I am suffering.

[rahul412]

Since my university is not giving me cap-gap/datafix in SEVIS, what I need to do? Can I still go for stamping around 20 th September & come back & start working from 1st october, if stamping is succeful.

I don't know whether you are eligible for 60 day grace period in this case or not.

But considering the worst case, you have two options

1. New H1 before your OPT expires( I don't think this is possible at this time)

2. Leave the country on OPT expiration day and come back with H1 visa.

[Rajashekar Guntupally]

Hi Tanu,

 

I am in the same situation like you, I've got 797B on Aug 9th '13 and my F1 - SEVIS is active until Oct 1'13 and I would like to know what are options I have? Most of them I saw went for stamping? But I'm little worried to for stamping as mine is EVVC model and small employer.. What happened to your case?

 

Did attorney amendement work out for you?

Or

Did you get your H1 transferred? If so, did you get I-797A second time?

Or

Did you go for stamping? If so, how it went? 

 

Please let me know as much as the information you can. 

 

I have seen lot of similar questions in forums but no one came back and answered what happened to their situation (I understand they might have been busy or worried), so I am unable to understand what to do next. I'm also checking with attorney on my issue. I would really appreciate if you post what happened in your case.

 

Thanks a lot for your reply.

Shekar.