Got H1B Stamping in Ottawa(with SEVIS violation)

[jeffm61]

Hi,

 

I'm Korean working in Atlanta.

I got my H1B approved in June 2013, OPT was valid til Sept. 2013.

My H1B was supposed to start from Oct. 1st, 2013.

 

I went to my home country for my brother's wedding in Sept. for just 4 days.

 

I came back using my F1 visa because I thought I was still on OPT period.

Immigration held me but I explained that I was going to change over to H1B in few days, and they let me go.

 

Few weeks ago, I was going to transfer H1B to my new employer and the lawyer calls me saying I'm still on F1 and violated since I did not get the stamp.

 

I was in panic and looked for all information I could attain. I found one slot in Ottawa and prepared to get stamp.

 

I prepared all necessary documents.

 

I-797, DS160, Consulate Appointment letter, copy of LCA, copy of I-129, all W2 and tax return docs, past 6 pay stubs, Employment Verification Letter, Graduation Certificate, Transcripts, etc.

 

After all, interviewer only asked for I797, Passport, and Consulate appointment letter.

Nothing else.

 

Interviewer asked "what do you do?" and "how much do you make?" and that was it.

 

She said my sevis violation is no big deal and took my passport saying it will take about 2-3 days to get my passport back.

 

I believe it is easy for who went to school in U.S. since website says it is highly recommended for people who has no educational background in U.S. to go to home country for stamping.

 

Good luck to you guys and have good weekend.