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

Asked over 1 year ago - 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!

Additional information

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. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . 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)... more
  3. J Charles Ferrari

    Contributor Level 20


    Lawyer agrees

    Answered . 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... more
  4. Lalita Haran

    Contributor Level 14

    Answered . 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

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general... more

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