Priyanshu2025 Posted August 30, 2013 Report Posted August 30, 2013 Hello, Right now i am on F-1 OPT (CAP -GAP) , my employer filled h1b for me without change of status(I 797B) by mistake (he forgot to mentioned change of status in form ) . Is it mandatory to file amendment for this or is it OK if i leave USA before my CAP-GAP expitred and do stamping in India ? Even though i go to India , is it necessary to file amendment ? Thanks, Priyanshu
Attorney_10 Posted August 30, 2013 Report Posted August 30, 2013 Generally, if an H1b petition is approved for consular notification the beneficiary must apply for an H1B visa at a U.S. consulate in his/her home country. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine what action is required in your case.
Priyanshu2025 Posted August 30, 2013 Author Report Posted August 30, 2013 Thank you. But still can you let me know if amendment is compulsory in my case?
pontevecchio Posted August 31, 2013 Report Posted August 31, 2013 No amendment is needed . Leave before your grace period in F1 and return with the H1 visa up to 10 days before your start date.
jairichi Posted August 31, 2013 Report Posted August 31, 2013 Thank you. But still can you let me know if amendment is compulsory in my case? I believe if you are going out of US to get a H1B visa stamped at US consulate you do not need any amendment. What does your employer's attorney say?
Priyanshu2025 Posted September 3, 2013 Author Report Posted September 3, 2013 Thank you all.. Even my enployer's attorney is saying that amendment is not required if i am leaving USA before grace period ends.
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