Hi fellow Blinders, Apologies in advance if I am seemingly ignorant and unaware in this matter since I am asking for a friend (who is unable to ask the right questions to their company for some complicated reason). I am on H1B. It was straightforward and a simple situation for me in 2018 - selected in the lottery in the first draw, got this information in May 2018, no RFE, my H1B started on Oct 1 2018 and I got my visa stamp in India in Dec 2018 (typical route for Indians). In my friend’s case, they were informed about being selected in the lottery this year I think around April 2020. But the H1B has not started yet. Is this the case for everyone? It should have started in Oct right? Can someone in this situation leave US? I wouldn’t think so since they are neither on F1 nor H1 right now. What if they get laid off? Can the company lay them off? Sorry for so many questions but I am so confused because I don’t see posts related to this anywhere. Please help. #workvisa #h1b
Didn't your friend opt for change of status while filing H1B ?
Is change of status same as starting the H1B on Oct 1 while you go to the home country months later to get the stamp which you would do because you can’t re-enter otherwise. You could have otherwise worked in the US until the i797 is valid and you didn’t leave the country? That’s how it was for me in Microsoft. I am expecting the same in their case. There has just been no correspondence since April/May when it was told that they were selected in the lottery.
Yes, so with change of status, one will automatically get the H1b status
What was the. H1b process? Change of status or consulate? Mine was change of status so it started in Oct. To re enter US after leaving stamp is required so i am waiting to get H1B appointment.
You are talking about this year right? So starting Oct 1 2020, your pay check started showing up social security tax? When did you get the information that your H1B was completely processed on the US side, meaning that you should have an i797 with valid i94 with you right now? Sorry for so many questions. I am looking for a case where H1B has been approved this year since per my friend, there are others in their company besides them who are simply waiting to hear back from I don’t know who.
1. If you are on CAP GAP and your h1b wasnt approved by Oct1, in that case you can no longer work in the US and (apparently according to my company lawyer) You can’t even live in the US. You have to wait till the H1 is approved. But this should have happened by 30th Sept 2. If you are on any other kind of work auth like H4 EAD/OPT which has validity post October 1, in that case you can continue working since your H1b was not approved and your COS didn’t automatically kick in 3. If anyone gets laid off with no alternate work auth, you are fucked indeed. Companies have no obligation to keep you.
I am guessing they are technically working on F1 OPT at the moment. It is like a stretched out version of “no visa” situation that one is during F1 to H1B transition (time when you are waiting for H1B start on US side that is Oct 1) and are advised to not leave the country. May be things are just delayed this year?
my H1B started on Oct 1 2018 and I got my visa stamp in India in Dec 2018 (typical route for Indians). Who told u this is typical? You only get stamp when u need to go out of US You can be without stamp for as long as it h1b is valid and you don’t leave borders
Yes only need to go india if counsulor
I meant “typical route taken by Indians”. If it helps, read it as “typical route taken by almost every one I know who did their MS in the same year as mine who are my friends/acquaintances and are Indians”. I am aware that US tracks one’s work permit internally through the i94 that is issued along with the i797 when H1B is approved.
If h1b was filed as counselor application then h1b won't start until you go to India and get the stamp..if filed as normal then it starts on oct1st if its approved before Oct
The company has been talking to my friend with the stand point that H1B has not been processed yet. Nothing beyond lottery result has been done. It looks like it was filed for change of status, yet it did not start in Oct. So, we are trying to know if there are people in other companies for who H1B did start in Oct this year, or it got delayed.
If its not approved h1b will start on the date it got approved..for example if its applied on feb1st, h1b starts from feb1st
If its not approved yet, how can your friend be on h1b status ? wait for until it is approved.
Should it not be approved or rejected by now? In a typical year, it would start on Oct 1, so one would know whether they got i797A or i797B or RFE by then. It is end of Dec now and all that my friend has been told is that their application was picked in the lottery, nothing beyond that.
is your friend not checking status using receipt number? that is the latest information on it. it can take several months after october.
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Processing is slow right now and it is very much possible, my wife got H1b in December. And yes you cannot travel until H1b is approved.
You are talking about this year, right? I heard that there was some change in the process this year, something around that detailed documents were not asked up front and lottery result was the only thing that was informed (to my friend at least). There has been no progress after that in their case. No correspondence whatsoever. It is bizarre to me.