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Analysis Discussion This forum is used to analyze, predict, track and share the information about the progress of visa dates, visa bulletin and application status of individual cases.

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  #1 (permalink)  
Old 03-26-2009, 10:30 AM
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:
EB3
I140 Mailed Date
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:
India
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Join Date: Jan 2009
Posts: 11
ragu is a jewel in the rough ragu is a jewel in the rough ragu is a jewel in the rough
Default OPT to H1-B: Urgent help needed

I am currently on OPT with a 17 month extension expiring in June-2010. My contracting company is filing for my H1-B, however my job at the client will end at the end of May 2009
. We are hoping to find one more client.

a. Is it true that if I ask my employee to file file my H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition then my status will change only after go out of the country and re-enter after getting H1 visa stamped at a US consulate in my home country or other country? Does it have to be the home country? any risks?
Thanks for your answers in advance,
Ragu
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  #2 (permalink)  
Old 03-26-2009, 10:38 AM
Senior Member
Priority Date
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Sep-04
Category
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EB3
I140 Mailed Date
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06/20/2007
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:
India
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I-485
I485 Mailed Date
:
08/07/2007
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Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
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Originally Posted by ragu View Post
I am currently on OPT with a 17 month extension expiring in June-2010. My contracting company is filing for my H1-B, however my job at the client will end at the end of May 2009
. We are hoping to find one more client.

a. Is it true that if I ask my employee to file file my H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition then my status will change only after go out of the country and re-enter after getting H1 visa stamped at a US consulate in my home country or other country? Does it have to be the home country? any risks?
Thanks for your answers in advance,
Ragu
1.> That is true.

2.> It has to be stamped in the consulate specified in the application.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
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  #3 (permalink)  
Old 03-26-2009, 12:59 PM
Junior Member
Priority Date
:
N/A
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jan 2009
Posts: 11
ragu is a jewel in the rough ragu is a jewel in the rough ragu is a jewel in the rough
Default

Thanks Ashkam,
I have couple of more questions,
a. Does this mean that I can continue to work using my OPT until May or April of 2010 and get my H1-Stamped abroad? or do is there a time frame after 0ctober 2009 that I must get the H1-Visa stamped abroad? I see waiting till april 2010 or so will buy additional time on my OPT.

b. India is my home country, but Canada is very close to where I live in the US. Could I specify Canada as abroad in the application.
Thanks again,
Ragu
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  #4 (permalink)  
Old 03-26-2009, 03:01 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

Quote:
Originally Posted by ragu View Post
Thanks Ashkam,
I have couple of more questions,
a. Does this mean that I can continue to work using my OPT until May or April of 2010 and get my H1-Stamped abroad? or do is there a time frame after 0ctober 2009 that I must get the H1-Visa stamped abroad? I see waiting till april 2010 or so will buy additional time on my OPT.

b. India is my home country, but Canada is very close to where I live in the US. Could I specify Canada as abroad in the application.
Thanks again,
Ragu
You can continue to work on your OPT as long as it is valid (which is a good idea just so you save your H1B 6 years) or till you decide to reenter with a stamped H1B. I don't know if your H1B will expire or not. My guess is (you need to check this with your attorney) that you can get it stamped whenever you want. You could try and get it stamped in Canada but the danger is, if your application is rejected for any reason, you are put in a difficult situation.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
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