H1-B VISA question
Does your status change to H1-B immediately, once your petition is approved and you receive the I-797A? Or does your status change only when you go to the US VISA consulate in your country and get the H1-B visa stamp?
Depends. If it’s a CoS, it’ll be immediately. If it is a consular petition it’ll be when you travel to your home country and get a H1B visa stamp.
You can apply for either change of status or consular processing. If you apply for change of status, then the effective date will be Oct 1. So you go to sleep on Sep 30 as an F-1 (or whatever) and wake up on Oct 1 as an H-1B. If you apply for consular processing, then your status doesn't change until you obtain an H-1B visa at a consulate and use it to enter the US.
So if it's consular processing, are you out of status until you get the VISA stamped at the consulate?
No. Your current status is not affected. The approval of the H-1B petition merely gives you the option to get an H-1B visa.
There will be a start date on approval
Folks, if h1 transfer to a different company along with renewal, would I be required to visit the consulate to get the stamp?
OP it depends. If you were in US when your petition was filed, it's usually filed with change of status. So it's right away.
Important note: i94 expiration is the most important along with the expiration on stamping
If it's a COS then your status changes to H1 on October 1st, if it's consular processing you need to travel to your home country and get the H1 stamped to activate it.
Your status is changed once it is approved. But when you leave the US, to re-enter, you would need to visit a US consulate to get your passport stamped before you can come back to the US.