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H1B with I-129 petition approved - options?

By sad_postdoc in Work Visas

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sad_postdoc Apprentice

sad_postdoc   13

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Hi,

I was working for a university under F-1 OPT and needed to switch to H1B. Then I realized I needed the J1 waiver. My University applied for H1B and I have an approved I-129 petition. However, I could do an COS because I was still waiting for my J1 waiver. I now have a favorable recommendation for the J1 waiver and my approved I-129 which indicates consular processing of H1B visa. I am still in the U.S (I applied for a B1 in the interim which has not been accepted or denied).  I am wondering if anyone know if it is now possible for me to switch the H1B from consular to COS processing since the I-129 petition is already approved. And if so, how long could this take. Since most travel/consulates are closed still - would it be prudent to explore a route that does not involve my going back to my home country for the visa?

Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

There is no way you can obtain a k1 without having an interview at a foreign US embassy. 

Are you currently employed in the H1B position?

If you don't want to leave the USA then why don't you get married and adjust status?

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

sad_postdoc Apprentice

sad_postdoc   13

Posted
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Posted
27 minutes ago, Luckycuds said:

There is no way you can obtain a k1 without having an interview at a foreign US embassy. 

Are you currently employed in the H1B position?

If you don't want to leave the USA then why don't you get married and adjust status?

Thanks for the response. I am not looking to get a K1. Just H1B. I am not currently on H1-B - this is a new application for which the I-129 has been approved.

The marriage and AOS might work - but it might take 6 months or so to get a work permit? I was working on F1-OPT till Jan 2020. So, its already been 3.5 months I haven't been able to work - so adding another 6 months is crazy for my career. Since my employer already applied at I obtained the I-129, would this not be faster. Barring travel and closed consulate problems.

Lucky2Lucky Experienced

Lucky2Lucky   2,526

Posted
Filed: Citizen (apr) Country: Haiti
 Timeline
Posted

I think I may have misunderstood- is you I-129 for a nonimmigrant work or the I-129f for finance?  

 

Have you checked these out; they may affect you;

https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

 

https://www.nytimes.com/2020/05/12/us/foreign-workers-visas-immigrants.html

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

sad_postdoc Apprentice

sad_postdoc   13

Posted
Timeline
  • Author
Posted
40 minutes ago, Luckycuds said:

I think I may have misunderstood- is you I-129 for a nonimmigrant work or the I-129f for finance?  

 

Have you checked these out; they may affect you;

https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

 

https://www.nytimes.com/2020/05/12/us/foreign-workers-visas-immigrants.html

Its my I-129 for work.Thanks for the links - i'll check them out. Much appreciated!

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

My understanding is the employer has to file amended i129 with COS option. 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted

That is possible.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

 
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