F1 to h1b consular processing. H-1B non-immigrant visa holders in the United States.
F1 to h1b consular processing Which Customer: Second opinion] Hello,I am doing a CPT (F1 visa). If I simply give my resignation before I have F1 COS vs consular processing . Feb H1b change of employer is approved through consular processing with Mexico consulate. Never heard visa number playing a role in filing taxes =) HTH Reply reply OPT EAD -> H1B Consular Processing Question comments. My employee is filing my H1B this year and has given me an option either to file as "Change of Status" or "Consular processing". Hi All, I've been lookin frantically for answers to my situation but can't find anything definitive. I understand if I go for "Consular processing" then I save some bucks on taxes and delay my H1 start To get an F1 visa, you completed the online form DS160, scheduled an interview at the nearest U. Your ability to travel Which is best option for apply H1b through COS or counselor process(CP)?If my H1b approved by COS/CP ? can I still be on Student status and work on OPT(1 yr) + STEM extension (I know STEM ext. When I showed that my Oh niceee. embassy or consulate in the applicant's home country. USCIS processing times for for F1 Category visas. (dates are hypothetical and current status is F1): Applied for H1 through Consular Processing (May 5) Left for home country due to travel plans (May 10) H1 approved on June 1 Travel back to USA post June 1 between step 3 and 4: Travel on OPT and H1B application converting to Consular process upvotes Then they will approve your h1b visa in consular process. It got approved under consular processing with validity dates from Oct 1, 2015 through Sep 30, 2016. My Company has filed for EB3 Immigrant Visa via consular processing and I have an interview at the consulate in a couple weeks. on H-1B status for a maximum period of 6 years, in this case, it may be a good idea to file the H-1B petition as Consular Processing. You have successfully completed the US visa application registration process. Changing from an H4 to an H1B visa opens up valuable career opportunities and independence for visa holders. But recently in 2022 & 2021 – during pandemic, we found a lot of our clients(F1, H1B, F1 to H1B, J2 to H1B, F1 to O1A, H1B to O1, H4 to F1, L2 to F1) who travelled from USA to Mexico for change of status / Change of visa You must activate your H1B - this in your case can only happen once you get your H1B stamped at a consulate abroad since you/your company chose consular processing. arun111b • H1b Consular processing to Change of Status (F1 to H1b) Lawyers by Location . in the U. My employer has H1B to F1 - Change Of Status vs Consular Processing. As their studies progress, they may start considering a more permanent option. I have emailed my dso to reinstate my f1 Current processing times for I-539 (F1 to H4 COS) is showing atleast 10 months on every center, and it is going max till 14 months. L1 Visa. I am wondering if I could get such RFE Hence, given all this, I have these concerns related to my status changing to H1B after October 1 and the applicability to go back to F1 status in case the withdrawal request is accepted. I have H1B approved with consular processing. H1b visa comes into effect from Oct 1 even if I don’t have a visa stamp? Premium processing is available for changing from H1B to F1. 1 . F1 visa renewal with H1B consular processing . Consider consular processing if: You are outside the U. Upon approval of a consular H-1B petition, you will need a visa stamp in your passport to begin working on the new status. I would like to go back to school, for My employer applied for h1b in consular processing. Change of Status. Navigating the transition from an H-1B visa to an F-1 visa in the United States requires a comprehensive understanding of the intricate processes and eligibility criteria involved. When that processing is complete, the status will change to "Issued". I received admission for attending grad school (masters, STEM) this Change status from F1 to H1B on Oct 1, 2024 Option 2. If I get consular processing can I go to Mexico or Canada, since there is a wait time in my home country Thanks in Advance I’m on F1 STEM OPT and I got picked in the 2024 lottery. Student Visas like F1, M1 forms processing. Lawyers by Location . They need to do it in premium so that the H1B gets processed before the H4. my employer is filing the H1B petition for me. Moving to the US can feel overwhelming, filled with The fundamental difference between H1B Change of Status and Consular Processing lies in how and where your H1B status is activated. Hey, I came to US on Overcome COS Denial with Consular Processing. If my H1B petition gets RFEd, would I still be able to travel or do I have to stay in the country till the RFE process is complete? I'll be on F1 visa till I decide to active my H1B, which will have to OPT EAD -> H1B Consular Processing Question . I would like to go with consular processing. Your status gets updated in SEVIS and DOL from F1-OPT to H1B beginning 1st of October. H1B Change of Status (COS): Unlike a change of status, you can file an H-1B with consular processing both inside and outside the US. S again. While the process can be complex, H4 visa holders have several viable pathways, including the annual H1B lottery, securing a job with a cap-exempt employer, or changing status to an F1 visa with CPT/OPT work authorization. Change of Status, commonly referred to as COS, means someone applying with USCIS to change their current visa status to another visa status, without leaving the country. Schedule a Consultation - Call (619) 819-9204 - Law Offices of Jacob J. I am not sure of the odds of getting one though. I am on F1 opt visa and working fulltime with ‘Employer A’. I am currently on F1 OPT and my OPT expires in July of 2018. Once OPT expires, there will be employment gap until H4 EAD is approved. I'm currently a PhD student on F1 visa, earlier this year I got a job offer and the employer helped me apply for H1B. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New H1B to F1 - Change Of Status vs Consular Processing. I am married and my wife is on F2 visa here in the US since August 2019. institutions. F1 OPT to H1B Consular Processing 11-21-2019, 06:17 PM - My F1 OPT STEM extension date as per EAD card is till 06/29/2020 - My H1B got approved i didn't get i797a "change of status" notice. Due to the high demand of visa applications, the US Department of State has placed your case in the virtual "waiting" queue. We encourage applicants to check embassy and consulate websites for more detailed information about visa application requirements and procedures, and to learn more about the embassy’s operating status and services. Dive into the H1B section for expert advice on this work Hi, I am an F1 student currently on my first Opt valid till may 2016 and will have 2 more years of opt with stem extension. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY Philadelphia, PA Phoenix, AZ San Antonio, TX San Jose, CA Seattle, WA. Hiring an Attorney. Browse by State: Alabama Alaska Arizona Arkansas California Colorado Connecticut In some situations, TN Visa holders can transition to a green card through consular processing. It allows U. Hence I need to get stamped at the Indian Consulate before re-entering USA. My perm is approval on may 20. Consular processing is little bit complicated. But I will H-1B consular processing vs change of status . New York, NY | 1 attorney answer When I apply for Change of Status from H1B to F1 and once its approved,Can I continue to work on H1 until my valid H1B last date San Jose, CA | 2 attorney answers I was on F1 and my status changed to H1B on October 1st while I was in US. I’ve spent almost a decade of my life in the US. DIY vs. Before you can apply Immigration laws allow the alien/ international student/ worker to move from one visa category to another, with few exceptions, like from H4 visa to H1B or F1 visa to H1 or L1 to H1B, without needing to go out of the country To accomplish this, you can change your visa status from an F-1 visa to an H-1B visa. There’s a time limit to activate it based on the fiscal year though, and you run the big risk of losing your H-1B altogether if you’re laid An in-depth discussion on everything you need to know about changing from F1 to H1B status. I spoke to an immigration lawyer about this and he said that it could be a risk to do consular processing by going back to home country for new F1 as F1 visa is a non immigrant visa and that me being on H1B (immigrant visa) would look like a red flag. By Deb Pati last updated on March 13, 2021. H-1B consular processing allows applicants to initiate the process from their home No. 6. I applied eb3. Disadvantages include dependency on the H1B Visa holder, employment restrictions, and potentially lengthy processing times. H1B Visa Overview . embassy or consulate, and provided the consulate officer with the requested documents- similarly, you will do for your H1B. This subreddit is for all those interested in working for the United States federal government. Bav104; Members; As indicated in my approval notice (Form I-797A), my H1B petition appears to have been approved with a Change of Status processing method. Field Office or Service Center. It is for people who Consular processing (CP): This pathway is designed for those residing outside the U. Admission to the USA . Visa Holders: Individuals holding different types of visas like H1B, F1, etc. Consulate or Embassy abroad before your H-1B status can be “activated”. Based on the information you provided, you are not required to attend a consular interview at this time. It’s been 28 days since my SEVIS got terminated and a week back university DSO opened a ticket to reactivate my SEVIS. My employer is filing for an H1B for me, and I get to choose whether to go by Change of Status or Consular Processing Option. 7) Do i need to immediately depart if i receive H1b under consular process. Hi all, I’m currently on F1 STEM OPT extension until July 2023. If you travel and do not apply for a H1B visa, you still have an F1 visa and time left on your OPT, you can reenter and resume employment with A. Do the interviewer have a concern since I am going from F1 to Immigrant Visa. B Visitor Visa. F1 to H1B Change of status approved upvotes r/ukvisa. Resources. Khanna on Tue, 03/14/2023 - 03:13 Permalink In reply to Traveling after H1B gets picked by Jaiveer Jadeja (not verified) So a few months ago, I was laid off while on H1B. I am seeking your expertise to navigate my status transition and ensure compliance with immigration laws. Remain on F1 OPT and later activate H1B via consular processing anytime before Sept 30, 2027 If I choose option 2, let's say my current employer files the petition in June 2024. H1B Change of Status (COS): COS involves transitioning from another non-immigrant status (like F-1, L-1, or H-4) to H1B status within the U. I recently signed a job offer and is thinking of doing consular processing vs change of status back to H1B. Form. While submitting the application to USCIS, it was filed for Consular Processing. Sunday, Jan 19, 2025. The H1B is a powerful visa that allows foreign nationals to work in the United States in “specialty occupations. H1B with COS: If approved, USCIS database will change my status to H1B in their system, but my passport will still show F1. You will need to apply for a visa stamp at a U. I'm currently on F1 STEM which expires June 2021. I am currently on F1 OPT (with F1 valid till 2023). approval is in pending decision, but I want to utilize my OPT)If H1b approved by CP , can I eligible to work immediately? 2016, 2:18pm 1. Unfortunately, some of the COS are denied due to various reasons, couple of these are not maintaining proper Recently went through cos from f1 to H1B and got stamping done and have the passport and visa stamped Flying to USA in a week, what documents to keep handy for entering USA on H1B first time other than below Passport Visa Employment verification letter (same one that was submitted to Dropbox) Original Approval notice H1B consular processing first time visa stamp I won't be on H1B as it is consular processing and not CoS. My employer filed for my H1B in consular notification and now I got my petition approved but I don’t have a stamp and my status is Still F1 STEM OPT. Hi, I am an F1 student currently on my first Opt valid till may 2016 and will have 2 more years of opt with stem extension. Well, usually, you need One more question, regarding if one can use old unexpired valid h1b visa with new h1b petition for consular notification :-- are you aware of any such case, where if a new employee files of h1b petition for consular notification while the B2 change of status is pending (and i also left the USA while B2 is still pending, so it will be abandoned). If my H1B is applied for consular processing instead of Change of Status(COS), and if approved, can I still continue to work on F1 OPT and apply for STEM extension and continue working using my STEM extension for the duration of my STEM extension? Will I have problems if I travel to my home country and try to come back using F1 after my H1B is If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. I won the H1B lottery but haven't applied for it yet. . Home; H1B. schools, and family unity. Around March 14 2024, I had applied for my STEM OPT extension and i am still waiting to get a decision from USCIS. 2. to commerce H-1B employment. I had to go to India to get the new H1B visa stamp and enter US again Jan 2020. Consular processing means that you get an H1B visa stamp in your passport by visiting the US embassy. Consular Processing earliest entry date for F1 to H1B transfer? Can I enter now, continue to work on F1 and it'll switch to H1B on Oct-1? Can I only enter on or after Oct-1? comment sorted by Best Top New Controversial Q&A Add a Comment. By Bav104, November 25, 2018 in H1B : Visa Stamp. I have searched it in the sub before posting but the questions were about H1B transfer for CoS. H1B Max Out | Change H1B to F1 After 6-Year Limit. Understanding I-797 forms aids in visa planning, compliance with status regulations, and effective communication with USCIS. However, without a job offer, changing your H1B to a change of status (COS) while in the U. Hi, I’m an F1 student residing in USA, and I just got my H1B approved through consular processing ( i797B). I'm currently employed and working in the US on an H1-B. While securing the H-1B petition is a significant step, for those currently in the US under F-1 OPT status, travel before October 1st requires an additional element: H-1B Change Discover the comprehensive guide for international students transitioning from F1 to H1B visa status. We have applied for COS F1-H4 + H4 EAD along with my H1B Extension in Premium processing. Once When you apply for a US Visa renewal and you meet certain criteria, you can get it stamped in your passport without attending an in-person visa interview. Consular Processing . As recommended by my DSO, I worked with an immigration lawyer. I have an attorney but wanted to see if there were anyone with the same Since your H1B is approved for consular processing, you would normally need to exit the U. Cons Hi Team, My spouse’s F1 OPT is expiring in July. If you are filing for H-1B via consular processing, you will not qualify for the Cap-Gap Extension. A few months ago, i received approval notice for H1B. Report Abuse. It seems like going back for f1 visa consular processing is probably the only feasible course of action. Request for Change of Status from H1B to F1, effective on [I-20 Program Start Consular officers may still require in-person interviews on a case-by-case basis or because of local conditions. When I try to get an appointment, it shows that I am eligible for interview waiver. You can file H1B Transfer Consular Processing if you: Have not maintained your F1 visa status, Day 1 CPT, STEM OPT, and OPT Info on Change of Status(COS) from F1 to H1B , H4 to H1B, L1 to H1B, etc. This might be a jump since an H-1B worker is considered a professional and you will have limited practical training experience under the F Learn the steps to change your visa status from F1/OPT to H1B, including the process, requirements, and important considerations for a successful transition. It was approved and I've received the approval notice (I-797B) with a designated consulate for me to apply for a Oct 11th 2023 : Sharing details of H1B visa renewal at Guadalajara Mexico (With I-797B petition & without i-94) I-797B is a consular processing petition approved by USCIS that mandates applicant to step out of country and finish stamping and can continue work in USA H1B application submitted to and pending with USCIS. Upon approval of a consular H-1B petition, you will need a visa stamp in your passport to begin working on the Since my master's degree falls in STEM I am eligible for 24 months of extension. 0 out 5. Form I-539. H1B VISA INTERVIEW QUESTIONS. The Finale: What is the Best Choice: COS or Consular Processing? Choosing between COS and Consular Processing entirely depends on your H1B status and your current circumstances. - Consular processing times tend to be quicker than adjustment of status - It’s possible to work while awaiting visa approval - Applicants can apply to leave and re-enter the US temporarily - There’s easier access to USCIS resources and support - Employees have the flexibility to change roles after the case is pending for 180days. I initially did Masters in Computer Science and completed 3 year OPT. But in August 2025, I switch to a new employer before activating H1B via consular processing (which I plan to do in May 2026). However, I need to travel to my home country during the month of Feb 2021. H1B to F1 Visa Processing Times. If a cap H1B is NOT filed consular processing, the visa becomes Today my F1 dropbox application status has changed to "approved" from "application received". So can I travel with OPT EAD card to India without going for stamping? if so, what documents do I need to carry? Once my Consular processing petition is approved, can I file amendment to change of status while in USA and then go for stamping? If you were approved for H-1B by consular processing, please provide scanned copies of the following: H-1B Approval Notice (I-797B) EAD card; Most recent I-94 reflecting your entry as H-1B; STEM OPT Final Evaluation, found on Page 5 of the I-983 (for students on the 24-month STEM OPT only) These materials are due within 10 days of your H-1B status start date and must be The decision between H1B consular processing and Change of Status (COS) depends on factors like your current immigration status, travel plans, and convenience. "Pending Consular Authorization. Can i file 1040 or should i file 1040NR? March 24, 2020 4:20 PM. , employers will request the approval notice to be sent to an overseas U. Im suggesting they should file H4 COS. Processing times for Form I-526 H1B Visa and F1 Visa. can someone help me with which route to take- consular processing or change of status(COS). Hi All, I came to US on L2 visa 7 years ago, worked on EAD for a couple of years, my company sponsored H1B as a consular processing and a 6) For suppose if i again receive the approval under "Consular Process", first can i go to mexico to active my new sevis and later go to india for stamping. A subreddit to provide advice to people applying H1B on consular processing. For beneficiaries currently abroad, their They did say, like you said, that consular processing would allow you to appear for an interview anytime before expiry of my current visa. H1 (F1 to H1) H4(spouse and kid) First time regular processing. If there is anyone who has gone through this process recently and confirm the processing times? H1B petition along with Change of Status from F1/H4 (depending on what your status is at the time of H1B filing) to H1B instead of Hello! I have an approved petition for H1B consular processing by a big pharma company that is valid from 10/01/2019 to 09/22/2022. Then I changed my visa statues j1 to tourist then student. Visa Types. This way, you can stay in the U. My H1B registration got picked in the lottery so my employer can file the petition between 4/1 and 6/30. A foreign national can enter the U. H1B Visa. Applying for H1B Visa using Change of Status Also Read: All About F1 to H1B Change of Status Tax Filing. Also, my H1B was filed with consular processing, so will H1B approval trigger a change of status? Re: Exiting the country and reentering on F1-OPT Update: My H1B to F1 change of status is approved. Consular Processing - San Diego Immigration Lawyer F1 to h1b change of status processing time and steps involved; An Introduction to F-1 to H-1B Visa Change. I am in first opt which ends on last of September 2022, my f1 visa will expired on the end of the june 2022 and my first year erd validation is till the end of September 2022. Conclusion . Sometimes The F1 to H1B change of status: A Step-by-Step Guide. change of status or consular processing-F1 OPT to H1B. You can see this change in SEVIS yourself as a cap-gap student. With H1B, if you are sticking with the same employer, and you are sure the petition can be Unlike a change of status, you can file an H-1B with consular processing both inside and outside the US. for visa stamping to activate this status. International students in the US study and live in the country on an F-1 visa. Can they denied my eb3 for this? Thank you! If your H1B petition is filed before your last day of OPT, you are eligible for cap-gap, meaning your F1 status is extended until Sept 30 and you can work under OPT. Hello All, I am currently pursuing PhD in Information Technology and on F1 CPT from January 2019. Not all petitions will be If you don’t follow that process and choose to stay in the U. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Yes, unlike COS, on Consular Processing, you can travel multiple times without stamping your H1B visa until your F1 expires. F1 visa status to H1B Visa Change of Status(COS) is one of the most common application types filed with USCIS. The duration of the administrative processing will vary based on the individual circumstances of each case. Asked in San Francisco, CA | Jan 20, 2020 | 2 answers. I-797 Forms are crucial in H-1B visa processing, including types like I-797, I-797A, I-797B, and I-797C. Consular Processing H1B . Get a real-time response from a licensed attorney for free! Ask a Lawyer - it’s free! 2 attorney answers. Ask your own question. However, it came with the following message: "The consular officer has approved your application subject to final processing by the consular section that is necessary to issue your visa. I have received approved . Given the current timelines, not sure when H4 will get processed. Consular Processing & Travel during H1B process . This is for people who are new to the H1B world and stamping, it's very common for the consular office to put your application through rigorous checks. I was selected in this years H1B lottery (1st time) and I wanted to know which one is preferred between consular or change of status option to file the petition. Go to h1b r/h1b. I noticed that my I-797B "Notice of Action" says that the "Consulate H1b stamping/consular processing with previous unauthorized employment under F-1/OPT. Should I leave the country or not needed since my H1B visa in my passport has expired will this have any impact on COS or Consular Processing 3. Form Category. I can initiate the leaving formality in 2 weeks. You must confirm with your employer if the H-1B is filed with a request for a change of status or via consular processing. I was impacted by layoffs and later got legit 2 job offers from multi-billion dollar companies both of which filed for the H1B transfer under consular processing. based on your B-2 COS. Hello, I am a STEM Grad student currently in F1 status. I just saw that stem is inactive in the sevp student portal. May I ask you a follow up question: Is the date that H1B becomes effective the same for both COS and CP - ie 1 October? If I apply for COS and also Premium Processing, and (let's say) my H1B petition is approved by 1 July, can I travel freely out of US after 1 July and not impact my COS & H1B or do I need to wait till 1 October regardless before I can travel. An individual who requests a change of status will be required to visit a U. I will still be on F1 STEM OPT and only when I attend the visa interview and get my visa approved, I will switch to H1B. I am applying for H1B visa this year and thinking of applying it in consular processing considering two factors: 1) I can stay on OPT as long as I want and move to H1 later. I’m assuming this will mean my status will automatically switch from F1 to H1B on Oct Because you can only stay in the U. Choose Consular Processing. My H1B was filed through a different ‘Consultancy’ and it is now approved under Consular Processing . This allows you to plan with the school according to your timeline and the school’s start dates. Please explain why you are flagging this content: * This will flag comments for moderators to take action. The first step in consular processing is to determine if you are eligible to apply for a Green Card (lawful permanent residence). If your employer files an H-1B (change-of-status) petition and USCIS receives it prior to your post-completion OPT expiration date, you qualify for a cap-gap When administrative processing is required, the consular officer will inform the applicant at the end of the interview. Get processing time Alert. H4 Visa. H1B. The prospect of holding an H1B visa comes with several advantages, including: Career Advancement: An H1B visa permits you to work and gain professional experience in the U. Requirement: you must have or be able to get a F-1 Student Visa valid through 21 Sept 2022. could be challenging. Need to go on Leave of F1 Students in OPT or STEM . can I travel to India and come back on Real H1B Visa Interview Questions and Answers- New H1B, H1B Transfer/Extension, F1 to H1B, OPT to H1B. I had a previous period of unauthorized employment as I continued working after my OPT expired. , potentially leading to career growth. If the gap between your application and the F1 program start date is too short, you can consider using premium processing to expedite the pending process. Used premium processing. EAD - OPT, STEM OPT. F1 Visa. Either you are still in limbo or stuck in the Requesting Consular Processing Details Hi All, I was working on F1 STEM OPT for firm ABC and ABC has applied for my H-1b in the current year lottery and I have the approved petition. When I submitted my STEM OPT request to my university, they responded saying that I need CAP GAP. I understand that Consular Processing allows for more control over when the H1-B status kicks in, but am curious to know if there are other considerations to keep in mind given the COVID-19 pandemic. Step 1: Maximize Your F1 Visa Opportunities. There used to be a time when H1B visa interview questions used to be by the book. Hi, My H1-B got picked last year in April 2022, I applied for Consular Processing (received I-797B) since I had to travel to India and didn’t get slots for stamping Dropbox eligibility for H1B (consular processing) with prior F1 visa . Consulate and apply for an H-1B visa stamp the next time s/he departs the I'm on F1, came to the home country for H1B processing and it got approved/issued. It was applied through the consular processing route. This kind of visa stamping process is called an ‘Interview Post 1st October for H1B and F1 before that. Some people intentionally delay “activating” their H-1B and, even after the I-129 petition (via consular processing) is approved, choose to first use up as much OPT time as possible before going home to get their H-1B stamped. Usually, most of the applicants, who apply for Consular processing are based outside of the US, when they applied for an H1B visa petition. r/h1b. If the H1B petition was filed in Consular processing, it usually means that you need to get H1B Visa stamping done in order to start working. I am currently on F1 OPT and plan on traveling to my home country (India) in June to have the H1B visa stamped. Before we dive deeper into the details and understand the visa status change process, let’s first learn more about each of these visas. Sometimes The fundamental difference between H1B Change of Status and Consular Processing lies in how and where your H1B status is activated. Consulate: New Delhi; Feb 18 : Bio metrics took 25 mins from the arrival time. can apply for a change of status to a B1/B2 tourist visa. H1B to F1 Change of Status Denied or Approved - Next Steps. For exceptions, refer to the USCIS website for the latest information. I have f1 status now. So I was told that I need to get my H1B 'activated' by getting it stamped from my home country and returning to US on H1B status. 1. My questions is embassy can give me hard time for the change of status ( j1 to f1 ). Does, this terminate my H1B. I found out that for F1 students, they typically do Change of Status petition. I am currently on H1B. Many people currently working on OPT or H4 To get an F1 visa, you completed the online form DS160, scheduled an interview at the nearest U. The two options you have for obtaining the H1B are differentiated and detailed below: 1. there is always the small risk of administrative delays or security checks that could affect the processing time Hi everyone! I came the USA with j1 visa. My understanding is that if I file through Change of Status, my F1 automatically gets converted to H1B if my petiti Hi, My H1B application (filed as consular processing aka consular notification ) was picked in the lottery in 2017. S. I have an F1 visa and will graduate soon. Premium processing guarantees responses from the USCIS within 30 calendar days once all required materials are submitted. COS Approval. My future employer wants to apply for H1B. Explanation Letter for H1B Status Change. Advantages of transferring include no need for employment authorization, enrollment in U. In this case, you would already have to be in the U. Consular My employer has filed a H1B this year in April under consular processing. I went through a lot of previous posts on the same topic and saw most people recommending COS over consular processing. At the conclusion of the administrative processing period, the consular officer might conclude that an applicant is now qualified for the visa for which he Conclusion. Reply to this topic; Start new topic; Recommended Posts. With consular processing even though my H1B is approved, I will be in F1 status. Eligibility: Specialty occupations requiring a bachelor’s degree or higher. - Instead, I got i797b "consular processing" which indicate my status will change after stamping. My employer was not part of the lawsuit and I wasn’t present in the US on June 24. Now that we’ve covered the basics, let’s walk through the process of transitioning from an F1 visa to an H1B visa. What is Consular Processing? Consular processing is the method you use when applying for a family-based green card from outside the United States. H1b six year count includes time already spent in US I believe so please confirm with attorney. r/ukvisa. Before my 60 days were done, I sent in an I-539 application to USCIS to change my status to B2 Visa. Both options enable a transition to H1B status but have distinct requirements and advantages. 0 1 15,942 Reply. Also once you’re back in the states, you need to prove that you utilized your H1B status (usually in the form of paystubs/slips) and then you can transfer it. The petitioning company would be submitting form I-129 to USCIS and it would have to select the option that they want to change Beneficiary’s status. h1b Consular processing. But do not get discouraged! Make sure you provide USCIS with a correct return address H1B (Consular Processing) approval causes F1 to terminate. It is completely unto USCIS to decide your valid status in USA. H1B lottery final attempt - didn’t get selected. The interviews were often over in 5 minutes or less. Next Steps for H1B Petition filed in Consular Processing. We did not apply for Change of Status while filing the petition. My H1B has been picked for the current year and is currently under process. Most immigrants become eligible through a petition filed on your behalf by a family member or employer. Based on my situation stated below, can y'all suggest what I should do? I am currently working on F1 OPT and have already applied for F1 STEM OPT extension, which will expire in 2024. The interview In the context of changing from an H1B to an F1 visa, it means ensuring that the H1B visa status is maintained until at least 30 days before the start of the F1 academic program. Each I-797 form serves a distinct purpose, from petition approval to status changes and consular processing. J1 Visa. Can I transfer my H1B visa to another employer while I don’t have a stamp and move to H1B status? Learn how to transfer from F1 visa to H1B1 visa, and understand the advantages and disadvantages of the transfer process. If you do not know what the meanin In this article, we will try to explain the typical process involved in converting from an F1 Visa to an H1B Visa, with and without Optional Practical Training(OPT), and key things to keep in mind during the change of In case of first-time lottery H1B change of status from F1 (OPT/CPT) to H1B or H4 to H1B, you are in a better position if you have filed it with consular processing option. Sapochnick is dedicated to serving our clients with a range of legal services including Immigration and Visa cases. Depending on Shall i go with cos from f1 to h1b or to choose consular processing? Thanks in Advance!! Immigration. Subsequently, as soon as they get a new employer, they should file a new H1B petition with consular processing. If the answer to (2) is YES, then should the H1B have been filed for COS or consular processing? (given that I'll re-enter and will not travel before Oct 1 or H1B start date) 4. Posted November 25, 2018. I got h1b approval in consular processing and my SEVIS was auto terminated on October 1st. or plan to travel I think you are confusing stamping for activating. Either you are still in limbo or stuck in the endless wait or just received what we all wish for, the elusive Greencard, this reddit space is for you. Bookmark Icon. It’s how most people from India apply for family-based immigrant visas. I am going for my PhD and have to apply for F1 visa in home country. in H1 status for that new employer but that can’t happen with a new cap H1B without consular processing. Currently on STEM OPT expiring in Jun 2021. Seeking an F-1 visa via consular Inform the school you plan to change from H1B to F1 status, as the status change needs to be approved 15 days before the course starts. This means you won't need to go through consular processing because both the approval of the B1/B2 visa and the decision on the B1/B2 to H1B change of status happen My current employer recently informed me that they are willing to apply through "consular processing" for my H1B visa. Determine Your Basis to Immigrate. Assuming that they apply for premium processing and it gets approved, can I travel and then re-enter in May on F1/EAD? 3. Once I have the F1 visa, can I work before the class starts? The reason I am asking is: Once I have the F1 VISA, only then I can inform my employer that I quit. Thank you so much. H1B with Consular Processing: If approved, I will only get an approval letter, but both USCIS and my passport will show me as F1 until I get stamped in the Indian Hi, My H1B application (filed as consular processing aka consular notification ) was picked in the lottery in 2017. My H1b got approved through consular processing in 2022, my visa status remains the same, I am still on STEM OPT, is there a Hi, I got picked in the H1B lottery and after that decided to go with Consular Processing. So my status wont change from F1 OPT to H1B automatically. I have been sponsored by Company B for an H1B visa under consular processing, which has been approved. Pathway: H1B visa holders can pursue a green card through either employment or family sponsorship. Optional Practical Training (OPT) : A period of temporary employment in the United States that is commonly available to F1 students after completing their academic programs. This submission can be COS or Consular processing? H1b application approved by USCIS. Submitted by Rajiv S. Bav104. , you must have H1B to F1 consular processing. Then they will approve your h1b visa extension or transfer for consular process. companies to employ foreign What is Consular Processing? Change of Status from F1 to H1B; Change of Status from H1B to F1; Change of Status from H4 to H1B; Two-year foreign requirement; all applicants outside of the US are considered to be using consular processing to apply for H1B. Followers 0. BUT return to the US before 21 Sept 2022 as an F-1 Foreign Student. This process is known as “consular processing”. I did my grad school on an F-1, was on STEM OPT for two years after, and have been on an H-1B since. H1B i797 says start date is Oct-1st. The request was for "Consular Processing" and NOT "Change of Status". Also I'm not sure if delaying the activation of H1b will allow you more time in US. Check the requirements, Process and time required. consular office, so that the employee may apply for an H-1B visa to enter the U. I-797B says Consulate is Kolkata. The individual must then travel to the consulate to apply for an H-1B visa. Using that visa stamp, you can enter the US and obtain the visa status once inside the country. Since my F1 OPT period would end on 9th July, I also applied for STEM OPT. You can wait for several months or even more for the entire H1B to F1 status procedure to end. Read on to learn more about changing your status from an F1 to an H1B visa or check out our video guide It depends on USCIS processing times, the H1B visa cap lottery, and whether premium processing is used. 2 . That will keep them in status. in H-1B status as early as 10 days prior to October 1. Experience – 3: F1 to H1B, H4 Visa Stamping Experience. , you’ll stay in F1 status. I reached out to my DSO for a SEVIS data fix. If your H1B has been selected in the Lottery, your OPT end date in SEVIS will be extended or updated. For this, they will have to explore their options of a change in visa status. Whether you’re in the US when your visa is approved or traveling outside the country, you will need to go to a US consulate or embassy Obtaining the H1B: Consular Processing vs. With the Covid situation, consulates in my home country are shuttered and getting interviews there is becoming difficult. Any experiences? Hi everyone— I have an approved h-1b appointment pending stamping/consular processing. Advantages of Consular Processing. USCIS processing times for H1B Visa - Transfers, Extensions, Amendments, New Petitions. I'm wondering if I should file as Change of Status vs Consular Processing. Should I apply for COS or consular processing? 2. If you plan to travel while on F1 OPT during your change of status to H1B, you must consider some important points regarding your travel on OPT after H1B approval or while pending H1B petition. My visa will expire in September this year. My current status is authorized stay in the U. My employer filed H1B as consular processing but I received an RFE on Maintenance Status. Dual Intent: Unlike the F1 visa, the H1B allows dual intent, meaning you can apply for permanent residence I’m currently in my home country, planning to go through consular processing of what’ll be my third H-1B visa stamp. And, if my H1B doesn't get stamped,so that i can enter on F-1 to U. Can Advantages of Transitioning to an H1B Visa. Instead of adjusting status while in the US, you’ll complete the process through a US consulate or embassy in your home country. It was approved and I've received the approval notice (I-797B) with a designated consulate for me to apply for a H1B visa. ” There are 65,000 H1B visas allocated per year, plus 20,000 additional visas for those with advanced US degrees (US masters and up). I am currently on F1 OPT which is going to expire on June 11 2024. H1B Layoff | Change H1B to F1 or B2. While the H-1B visa caters to temporary employment in specialized fields, the F-1 visa is designed for international students pursuing academic studies at accredited U. Currently I have an employer with intership fulltime. I recently discovered that it did not include an i94, meaning that it was probably for consular processing. An in-depth discussion on everything you need to know about changing from F1 to H1B status. There is very little info available about H1B through consular For more information about case processing times and reading your receipt notice, visit the More Information About Case Processing Times page. I am confused which one to opt for. In-country applications have a higher likelihood to be approved than consular ones, but Premium Processing (the only way for you to avoid falling Otherwise, you must request a bridging b2 COS and file renewal every 6 months. Adjustment of Status (I-485) or While a change of status automatically occurs on October 1, under consular processing the beneficiary is required to travel internationally and apply for a visa at a US Consulate or Embassy to re-enter the U. I have my H1B petition approved for consular processing but I am not able to find an appointment at the consulates in my home country. As required by our Legal Terms, attorneys must disclose if any If the prospective H-1B worker is outside the U. I was asked by both the companies immigration team to start working only after obtaining the visa stamp. If they find anything wrong or suspicious. My F1 visa has been expired since June 2022 (this was the visa came to the country on while I did my Bachelor’s degree) While in the country, I attended a Masters program from September 2021 to April 2023, but never left the country so never needed to renew visa. and To transfer from an F1 to an H4 Visa, follow the step-by-step process provided by USCIS. 7. USCIS processing times for L1 Visa - Blanket Petitions, Intra-company Transfers. I have a couple questions: 1. I am confused about whether to choose COS and get my H1B activated this year (and lose 3 years of work visa) or choose consular processing and get it activated during my last year of STEM extension. H-1B non-immigrant visa holders in the United States. pls answer this keeping in mind the following- if my H1B is picked, i want to switch my company as soon as possible. Forms. Steps for Consular Processing. #2 H1B CONSULAR PROCESSING. I am currently on an F1 OPT EAD which expires next month. in H-1B status. Since the application process itself is often nothing short of herculean and time-consuming to boot, this place is meant to serve as a talking ground to answer questions, better improve applications, and increase one's chance of being 'Referred'. The people who you know who “froze” and “activated” their H1B after 2 years only had 1 year left on their H1B clock after they “activated” it. or those who require a visa stamp to enter and work in H-1B status. Nothing is done, until it's done. at the time the L-1 petition is being filed on some other non-immigrant visa status. It costs substantially and you cannot attend school until f1 is approved. Background, Biometrics . A different employer can file change of employer and if approved, you get your visa stamp and return to the U. Consulate that ISSS indicated on the I-129 petition. I would like to activate my H1B though because it will make it easy for me to m I've recently gotten picked in the 2nd lottery round of H1B and my employer has agreed to go ahead with consular processing since I have a few unavoidable travel plans out of the country. After graduating from an undergraduate or graduate program, many international students on F1 visa hope to adjust their status This is for people who are new to the H1B world and stamping, it's very common for the consular office to put your application through rigorous checks. on your To change from F1 to H1B, students can either change directly to H1B or take the F1 to OPT to H1B path. Others become permanent residents by first obtaining refugee I entered US in Aug of 2015 on F1 Visa and received my H1B Approval in December 2019 in Consular Processing. If you are not living in The H-1B visa program is one of the most sought-after nonimmigrant visa categories in the United States. AI Usage . Change of Status. In general, USCIS will first process Form I-526 petitions for investors for whom a visa is available or soon to be available. As my Visa status would not change to H1B from F1 unless I have the H1B visa stamped at a US consulate, I am not levied ACTION ITEM TWO: After approval of your H-1B Consular Processing Petition by USCIS, get an H-1B Visa foil impressed into the passport at the earliest possible moment. USCIS processing times for OPT and STEM OPT EAD Applications. However, before the filing of my H1B petition, I was in communication with my legal representative, and we mutually agreed to pursue Consular Processing as the preferred method for my situation. In order to change status in the U. Employment-based sponsorship is typically done through PERM and the EB-2 or I left US once my OPT ended since I didn't get picked in the H1B lottery. Learn about eligibility requirements, the application process, timing considerations, and tips for a successful transition to working in the United States after graduation There’s an annual cap on H-1B visas and a lottery system in place. I797 B notice. There was a small hiccup where my application was sent to the wrong USCIS office. problem of going this route is that you're not allowed to demonstrate immigrant intent when This is the right answer. Is it possible to convert the If consular processing was chosen, USCIS sends the original approval notice to ISSS and notifies the U. At that point, leave the US (which abandons the H4 CoS), get a visa stamp and return USCIS pronounces that the cap gap extension of status will automatically terminate if the student’s H-1B petition is denied, withdrawn, revoked, rejected, or is not selected, or if the change of status request is denied or withdrawn even F1 cPt to h1b consular processing F1 cPt to h1b consular processing. CP entails applying for the visa at a U. I am currently in my country Nepal. × Avvo Rating. But if H1B petition is filed after your last day of OPT but before the last day of your grace period, you are eligible for a cap-gap to extend F1 status but cannot work. Applying for consular processing at a US consulate or embassy Can I have both H1B and F1 visas active at the same time? How can I make maximum use of both? Can the H1B be transferred to a F1 (during school) and back to H1B (when I start working)? What is the consular processing? Report Abuse. dnxre qds ponca fnu umkx murg kni mxzb fkeb budth