COS from F1 to H1B - is stamping needed

[nthaccker]

Hi

 

My 6 years of H1 got over in April 2013 and my PERM / I-140 didn't approve in time. So i did a change of status to F1 and stayed in the US (instead of going to India after my 6 years got over)

 

Now i want to file for H1B extension (Do a COS from F1 to H1B) based on approved I140

 

Will they approve my extension + I194 within the US or will I need to go back to India to get stamping ?

 

What normally happens in these COS cases ?

 

Thanks

 

 

[jairichi]

If your COS gets approved with an I94 attached to I797 there is no need for stamping till you leave and try to enter US. Not you but only your employer can. It is nothing but a new H1B petition that is cap exempt. How did you manage to get COS to F1 approved after employer filing an I-140?

[rahul412]

 

Will they approve my extension + I194 within the US or will I need to go back to India to get stamping ?

 

What normally happens in these COS cases ?

That depends on the documents submitted for H1 approval.

[nthaccker]

Thanks guys,

 

Jairichi - Thanks , Not sure how my H1 to F1 got approved . Sorry no idea - just know its approved.

 

Rahul412 -- Thanks-  Ok , but what is the probability . I mean in such tricky cases , generally speaking ? Oh and i work for a consulting company (EVC model)

 

Guys any help will be appreciated

 

Thanks

[rahul412]

If its consulting firm, then you are taking risk. That's all I can say.

[nthaccker]

Thanks Jairichi & Rahul . Well it's a consulting firm hence the (EVC) model.

 

Now my emloyer mentioned that i can't join the job as USCIS has stopped premium processing for all H1B petiitons.

 

http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions

 

Is this rule also aplicable to petitions where people are trying to get H1B extension (7th year) with COS (F1-H1)?

 

What are my options as you know i can't start work until H1B is approved & regular will take min 3 months and no client / employer waits so long

 

Please any suggestions

 

Thanks

Nishant

[jairichi]

Thanks Jairichi & Rahul . Well it's a consulting firm hence the (EVC) model.

 

Now my emloyer mentioned that i can't join the job as USCIS has stopped premium processing for all H1B petiitons.

 

http://www.uscis.gov/news/uscis-temporarily-suspends-premium-processing-extension-stay-h-1b-petitions

 

Is this rule also aplicable to petitions where people are trying to get H1B extension (7th year) with COS (F1-H1)?

 

What are my options as you know i can't start work until H1B is approved & regular will take min 3 months and no client / employer waits so long

 

Please any suggestions

 

Thanks

Nishant

The rule applies to all cap exempt H1B petitions that includes transfer and extensions. You have no option other than wait.