F1 to H1B incomplete MS/PDH - consular notification

[jkoshti]

What is the name of your state? FL
Dear group members,

I am currently on F1 visa, came August 06.
I have an approved H1B "Consular Notification", filed from my employer. The reason he filed with "Consular Notification" was that I was planning to graduate this summer and use OPT, in fact I had applied for OPT in May. But now, because of some administrative issues I can not graduate this semester, so canceled my OPT application.
1. Do I need to get H1B stamped before start working with my employer? Or can I start working from 1 Oct?
2. Since I do have a US degree yet and my H1B is filed/approved on the basis of my non-US degree and work experience, can I goto Canada for stamping? or do I need to visit my home country?
3. Is there any way, I or my employer can request changing "Consular notification" to "change of status" now?

Please confirm.
Thanks in advance.

Regards,
-JK

 

[ImmigAttyLana]

You CANNOT start working on October 1 if your approval is for a consular notification because until you go abroad and obtain a valid H-1B visa and enter the US with that, you are NOT in H-1B status and, thus, NOT eligible to work. You need to go to the Consulate specified on the approval notice. If you want to go to another consulate, you need to contact them directly and find out whether they will entertain a visa application from you there based on the approval notice that designates another consulate. To change from consular notification to change of status, requires the filing of an amended petition with the USCIS that has to be approved.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[jkoshti]

Hello Lana,
Thanks a billion for the reply.
Two things -
1. Is there any policy/law from USCIS that if one does not have a US degree will not be issued a H1B visa in Canada?
2. How long and difficult is the process of change from "consular notification" to "change of status"? And generally what are the chances of getting it approved?

Thanks in advance.
Regards,
- JK

 

[ImmigAttyLana]

1. No there is no such law but at the same time there is no guarantee that if you go to Canada that your visa will be issued there because you may be subject to some security clearance checks, etc. that would be advisable to go through in your home country.

2. It can take several months through regular processing. If you want to get a decision sooner, you can have it filed through premium processing for an additional $1000 filing fee and the decision will be made within 15 calendar days.

 

[jkoshti]

Thanks you so much Lana for your help and advice.

Regards,
- JK

 

[jkoshti]

Hello Lana,

I appreciate your time and inputs.
My employer told me that the consulate listed in my approval notice is "Chennai, India" (my home country). Also, my employer is asking me to visit my home country because I did not had any US degree at the time of submitting H1B application.

Also, I have been to US several time before on business visa while working with top MNCs in India and currently I hold the most prestigious University fellowship, this mean all of my security checks and evaluation of non-US degree is already done favorably.

Since, now I am done with all of my course work and left with ONLY thesis work to earn a Masters degree from US, can I goto a US consulate in Canada with a letter from my school? How safe you think will that be?

Thanks in advance.
Regards,
-JK

 

[ImmigAttyLana]

Whether or not you can consular process in Canada has nothing to do with where your degree is from. It has to do with whether or not a US COnsulate there will entertain an application for a H-1B visa from you, given that the approval notice you have indicates Chennai, INdia as the Consulate. To find out, you will need to contact the specific US COnsulate in Canada directly.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[jkoshti]

Thanks Lana.
Currently I am on F1 visa. If I goto Canada/India for H1B stamping on 15th August and return in the immediately (say on 17th August), since I also need to continue with my school till 1st Oct -
1. what will be my status from 17th August till 1st Oct?
2. What kind of I-94 (F1 based or H1 based) will be issued to me when I enter US on 17th August?
3. Will I need to leave and re-enter US again on 1st Oct to get a new I-94 (based on H1B)?

Thanks in advance.
Regards,
- JK

 

[ImmigAttyLana]

FIrst of all, chances are you will not be able to get a visa that quickly and might have to wait in Canada longer (even if they do process your application). Secondly, you will probably NOT be allowed to return to the US in F-1 status if you will already have a valid H-1B visa in your passport. If you are, then you will have to make another trip abroad to get a H-1B I-94 right around 10/1/07.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[jkoshti]

Thanks Lana.
As you suggested, I have asked US Consulate at Chennai, India about my re-entry to US and waiting for their reply.

I am currently on F1 and planning to visit India for H1B stamping.
For some reason, if US Consulate in India denies my H1B visa -
- will I be able to come back to US on F1 visa and continue my studies?
- Or will the consulate cancel all of my visas?

Thanks in advance.
Regards,
- JK

 

[ImmigAttyLana]

Yes, you should be able to return as a student but there should be no reason for your H-1B to be denied if the petition is approved and there are no issues with you or the employer.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[jkoshti]

Thank you very much Lana.
I am still waiting to hear from my attorney on whether or not she is applying for change of status now.

Thanks again.