You got to read Sherry’s situation. She’s in very desperate state and need help from Immigration Attorney to sort out he current status. Her H1B is approved, OPT is expiring, but her school says she’s been out of status over 5 months.Sherry @ H1B Approval Notice Sent
hello all
mine is the worst situation that any international students can face .so read this carefully ..really
i finished my masters in 2007 in ohio,usa. filed for my H1 IN APRIL 2008 ,,,DIDNT EVEN GET A RECEIPT NUMBER,,,filed for my H1 again in 2009..got approved,,but uscis told me that i need to go to nepal for stamping ,,so far im really oke ,,happy..now my consultancy tells me that because i have a gap from august(my I-20 expires) till october(my H1 starts).that’s the reason the uscis asked me to leave the country..after staying up all night i found out that students are given 2 months grace period to switch between status.
till now the consultancy hasn’t told me anything..call them n tell them all that i found out..they called back after 2 days saying that JUST JUST..get ur I20 extended till oct n ull be fine …now now i call the college n BELIEVE IT OR NOT ….they tell me that ive been out of status for 6 months already whereas ive been paying fees ,,taking classes…doing everything that i should do to keep my status…never got a letter, met the advisor after every semester …did it all…finally was told to file for reinstatement of student…found out that if out of status for more than 5 months ..then 80%chances of unapproval…
someone help me..give me emails ,,contact numbers,,lawyers, suggestion, feedbacks etc..im on the verge of breaking
USCIS – “Get Stamping from Nepal”
If you are in US and if you go H1B Approval with I-94 attached, then your status from F1 (OPT) will automatically change to H1B from H-1B start date. Haven’t come across situation where USCIS is asking someone directly an H1B Applicant to Nepal for Stamping. USCIS in general suggests to get stamping from your home country.
OPT to H1B Cap Gap
If your H1B is applied in timely manner, you can stay in legal status even after OPT is expired. USCIS published the new OPT to H1B Cap Gap Rule just to address this issue. Since, you already have H1B approved, you can continue to work and be in status till Oct 1.
Out of Status for 5+ months
Well, you have to find out form the school how you went out of status, while you were paying the fees and I-20 is still not expired.
Note – All above suggestion is not professional advise. You can talk to Immigration Attorney – Elaine Martin. She’s been helping many readers here in HSB with H1B related questions. You will have to spend some money for consultation, but looks like you have been misinformed about lot of Immigration related information. So, don’t worry about spending money, else situation might get even more complicated.
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{ 2 comments… read them below or add one }
Hey,
I think you can enroll in a vocational school which provides you an I-20. Although your H1 is approved its better to have yourself enrolled in a school which will take care of the 5 months cap.
Hi,
I think what might have happened is that your SEVIS might have got terminated once your H1b was approved and thus your H1 one was approved but not your change of status. You need to tell your DSO to send a fax to SEVIS to have your data fix and you might need the I-797 for that. Also get a letter from your dean and adviser that your were enrolled full time. Then you will have to go to your home country and get the h1b stamped or you can get an info pass from the USCIS website and see the immigration and present your case with all the documents and see what they have to say.
Generally,USCIS mentions that it will send your I-797 details to Toronto Canada unless you have mentioned any specific US mission in your I-29.
Good Luck