F1 to H1B

 
  I came to the US in 1999 August on a F- 1 visa. I completed my masters in 2002 and have a valid I-797 which expires in Sep 2006 and I also have a renewal which expires in Sep 2007. I have applied for I-140 in Feb 2006 and have not yet got it approved. I cannot apply for I-485 due to retrogression. When I originally came to the US I lived in Mumbai and Mumbai was listed as the address on my passport. I went to the Mumbai consulate for visa stamping. Since then my passport has been renewed and the address on my renewed passport is Chennai, as I had gotten married and my spousal address is chennai. I plan to visit India soon and would like to know where I need to go for stamping. Should I go to the Mumbai consulate or the Chennai consulate? Will have any issues due to this being my 1st H-1 stamping? Which I-797 will I be able to get stamped? The one expiring in Sep 2006 or the one expiring in Sep 2007? Can I go to Canada for stamping?

1. You can do the stamping in Chennai/mumbai but you need to have documents which proves the same ie the spouse's address in chennai.
2. As far as we know as long as your documentation is in order, there will not be any issues.
3. You cannot go to canada for stamping since you have an indian passport.
4. You have to get your recent I – 797 which has validation till sep 2007 stamped. You need to have the old I – 797 in hand also.

 
  Currently I am working on CPT on F-1 status. My company applied for my H-1 this May 2006 and as of today, October 10, 2006, it is still pending. I got married in June 2006 and my wife came to United States in July 2006 under F-2 status. My company still hasn't applied for her H-4 status. They are planning to apply within the next 2 weeks. My question is if my H-1 got approved, in the meantime, my status would jump from F-1 to H-1, what would be my wife scenario in that case? Would she become illegal in United States? If I need to take some actions what are they?

1. If your H1-B visa is approved, your wife automatically becomes eligible for an H4 visa. She can stay in the US and get her H4 tamped along with your H1 the next time you visit India.
2. Please ask your employer to file for status adjustment for your wife also.
3. In short you need not be worried about your wife's status as long as you have an approved H1-B visa.

 
  I am an MS (Engineering) graduate from a US university. Just after completion in June 2006, I joined a firm in my field as a Management trainee and they told me that they will process my H1 VISA. My OPT expires on 31st march 2007. Since this years H1 quota is over, they said that it will be applied for next year in April.

The main queries are:

1. Can I stay in US during the processing time after my OPT expires in March next year?
2. Is it possible to work before the starting date in the H1 visa if approved? Generally the employment date will be 1st Oct 2007. So suppose they apply on April 1st and it gets approved within 3 months with a start date of 1st Oct. Can I start working for them before it or is it possible to reduce that gap?

1. You can stay in the US after the expiry of your OPT, provided an application is made for your H1 within 60 days of expiry of your OPT.
2. You can start to work only from the day mentioned in your employment visa, i.e. 1st October 2007.
3. You cannot work in the US after the expiry of your OPT, although you can stay in the US.
4. Please talk to your company or immigration lawyer before taking any action.

I have recently graduated from a university with a masters degree. Though I have my OPT valid until August of 2006, for good reasons I have applied for H1B through a consulting company. The H1B application got approved with the effective date of Feb. 15, 2006. Can you please tell me whether my OPT is anymore valid and also can you please suggest me if I have to ask my employer to run any paycheck ( I am still looking for a job). My employer is under the belief that my OPT is still valid so he need not run any paychecks until its expiration (Aug, 2006). Please help me out.

Your OPT is valid till the time your OPT expires. ie., your OPT is valid from the date your OPT is approved, for a period of 12months. Moreover, your employer needs to pay your salary as per the OPT.

I have got admission in a business school in the US and am applying for an F1 visa for myself and and F2 for my husband.My husband & I are currently workig in Singapore.

1. Is it necessary for us to go to India to get our visa's stamped or can we have it done at the embassy in Singapore?

2. Is there a time restriction for my husabnd's entry into the US on the F2? Can he join me later on?

3. Is it possible for my husband- an automation engineer to look for employment in the US while on an F2 and then have it converted to an H-2?

1. We are sure you would be in USA now.

2. As per current rules, you / your husband can get the visa stamped only in the country of origin.

3. Please note that dependant visa to work visa transfer are not eay these days.

When going to Mumbai consulate for F1 to H1 visa stamping, how important is it to have the photos of the company that you work for, can a visa get refused if you dont have the photos.

Yes !!!! It is important to have company photographs to get the L1 stamped in India.

I am in the US on an H-1B visa. Since the last four months, I have not received any pay. I intend to join for a Masters course in the month of January. The company is holding my visa. Will this create a problem in the F-1 application procedure? Can my employer hold my visa for another five months till the F-1 visa is approved and stamped. Is it legal for me to stay in the US without salary and apply for change of status. At the moment, I have given a letter to my employer stating that I am on leave for personal reasons.

Please let me know the circumstances under which you surrendered your visa to the employer. It is illegal for the employer to hold on to an employee's visa. Your H-1B visa is stamped on the passport. This is adequate proof to get your F-1 stamped. When you get the F-1 stamped, your H-1 get cancelled automatically. Once the INS approves the F-1, you need not go for visa stamping immediately. You can continue staying in the US on the basis of the F-1 approval. However, if you leave US, you cannot return without getting the visa stamped.

My company has told me that they have to take me off the payroll and treat me as if I am joining them afresh to ensure that there are no legal hassles with the INS over my visa status. Is this true?

As per law you can work in the US only if you are on an H-IB visa.

If the above is true, what steps should I take to ensure that my company stands by its employment offer? Are there any documents that I can ask to ensure my employment here?

An appointment letter is the only document you can get. I would advise you to check your visa status with the INS.

I came to the US on an F-1 in January 1999 and graduated in August 2000. I applied for my H-1B in January 2001. The visa was duly approved in April 2001 on the basis of OPT. My consulting company placed me on a project from November 2000 to March 2001 and paid my salary regularly. Now, due to slowdown, I am not being paid. The company also refuses to hand over the relevant H-1B approval papers based on which I can either go back to school or switch my H-1B to any other company. What are my options?

The best option is to remain with the company and try and get the H-1B papers. If you cannot do so, try and get details of the tax returns. The tax returns contain details of your visa status. Your visa number can also be traced using the SSN. If you are still on F-1, you can get a job in the US on OPT status

I changed my status from F-1 to H-1B. I have not left the US for stamping yet. Currently, I am on bench and don't have the latest pay stubs. Can I go out of the country and get my visa stamped? Please help. I have paid stubs that are about a month old, and an eight-month-old offer letter. What should I do?

I suggest that you stay in the US till you find a job and then get the visa stamped. You can stay in the US and work. Technically, there is no bar, as you will be working based on the approved document.