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!
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.
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