Issue with I 797 B

[bnaravindan]

Here is my case

I came to US in Aug 2005 on F1 and My I-94 was till Duration of study.

I graduated and my OPT was from April 27th 2008 till April 26th 2009

MY company applied for my H1 on April 1st 2009 and got it approved starting Oct 1st 2009 ...but i got I 797 B ( which does not have an I-94 and is H1 approval without change of status) instead of I 797A.

I 797 B is H1 approval without change of status, My employer applied for amendment on May 2009, but again i got I 797 B instead of corrected I 797 A with a start date of october 1st. Same thing happened 3 times and now i got I 797 B again and my company says that they are going to file for the change of status again but its already November and i dont know what to do.Wanted to know if somebody has gone through the same situations and If i go to India(Chennai) for stamping what would be the problem.

what should i answer if visa officer ask's me about what have you done from April 28th 2009 tilll October 2009 and as you were not in OPT or in H1b why did you stay in US...

[willIWill]

Seek a competent lawyer's help. There is a "nunc pro tunc" option . Since you applied for the initial amendment in May 2009 after your expiration of OPT, they would have to check if any grace period applies or if it could be done in your case for "change of Status". But worth the try, in either case you make sure you are not "out of status".

Hope all ends well for you.