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H1b approved without I-94. Should I file change of status or should I go back home to get Visa stamp now?

Indianapolis, IN |

Hello I'm using F1 CPT to work until July 31st. My H1B official approval notice came last week. H1b will start on Aug 1st. However my company made a mistake that they didn't file COS (change of status). Now they are telling me to go back home and get Visa stamp. My questions are:

1. Should I ask them to file COS (change of status) or should I go back home to get Visa sticker now since the starting date of H1b is Aug 1st?
2. If I go back home next week, that means I will stop working before my F1 CPT ends. Do I need to notify my F1 university about this?
3. Based on #2, does it matter if I get Visa stamp after Aug 1st? Does it matter if I come back to US after Aug 1st?
4. Is there a way I don't need to go back home and continue working until my h1b starts from Aug 1st?

Thanks a lot!

I work for a nonprofit organization. It's cap exempt for H1b. That's why my H1b can start in August in stead of Oct.

Attorney Answers 4


  1. Talk to your company attorney. Your fact pattern does not sound right.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Are you sure that your H-1B starts August 1st

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. An H-1B can only start August 1, if it is cap exempt. Nothing in your posting indicates this is so. A change of status would need to be filed by the employer, if at all.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. I would only hope you have the benefit of legal advice here because your immigration history could be at risk.
    Lalita Haran
    (317) 660-6174
    www.haranlaw.com

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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