H1 approved without change of status (1 797 B)

[Priyanshu2025]

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]

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]

Thank you. But still can you let me know if amendment is compulsory in my case?

[pontevecchio]

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]

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]

Thank you all.. Even my enployer's attorney is saying that amendment is not required if i am leaving USA before grace period ends.