On Sep 14, 3:33=A0pm, "J. J. Farrell" wrote:
> Imtiaz wrote:
>
> > I am currently on F1 status and just got my H1 petition approved. I
> > was considering going to Mexico or Canada to change my status and get
> > a H1 stamp. It turns out that there are no appointments available at
> > any of the consulates for next 2 months. If I wait that long for
> > appointment and don't enroll in school for Fall (starting 9/22nd) then
> > will I be considered out of status? What are my options for changing
> > my visa category? Can one file for change of status without leaving
> > the U.S?
>
> You're a bit confused. You can't change your status outside the USA -
> 'status' in this sense is something you only have while you are in the
> USA. When an employer applies for an H-1B in a situation like yours,
> they usually request a change of status as part of the application. The
> H-1B approval notice would have a detachable portion at the bottom which
> is your new I-94 card. The approval notice has a start date, and you
> automatically change into H-1B status when you start working for the
> company on that date.
>
> If the employer didn't apply for the change of status (or it got refused
> for some reason) then there will not be a new I-94 as part of the
> approval notice. In this case you will have to get yourself into H-1B
> status before you can start work. One option is to file an application
> for a change of status, but this may take a while to be processed. The
> alternative is to do what you're talking about: leave the USA, get an
> H-1B visa at a USA Consulate, then use that visa to re-enter the USA.
>
> If you do not change status to H-1B, then you need to meet the
> conditions of your F-1 status in order to stay in status.
>
> If you're actually in the normal situation and the H-1B approval
> includes a change of status (or if you now file for a change of status)
> don't forget that you'll need to apply for an H-1B visa the next time
> you leave the USA if you want to come back to the USA in H-1B status.
Thanks J.J and Joe for your responses. My employer did not file for
change of status because I was told I could not leave the country in
case of an emergency if I had filed for change of status.
Retrospectively, it seems doing a change of status would have been
wiser. I was planning to go to Mexico or Canada to change my status
from F1 to H1, but having difficultly getting an appointment for the
rest of this year. My H1 is valid from 1st October. Given the
circumstances, what should I do:
1. Enroll in classes for Fall (my classes start in a few days). I
don't know if enrolling in classes again cancels my H1. Or
2. Leave US and try to come back on H1 status and a new visa stamp.
Also, I'll really appreciate if someone can give me a list of
documents that I should bring at the consulate when I appear for my H1
visa stamping. I'm guessing I need to show all documents showing I
never violated my visa status during my stay in the U.S.
Many thanks, |