Posted by: spiderman July 20, 2007
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Hi Raman,
There are lots of students like in your case. Students whose OPT expires before July 20 will have (gap before Oct 1) H1B approved without I-94 i.e. petiton approved but COS(change of status) denied. There are lots of ways to rectify it:
1. If person is currently working in same field: (a) they will go to anywhere (Nepal/Canada/Mexico) and will get visa easily with or w/o I-824 notification.
(b)apply for COS i.e. petition for new I-94 without leaving country by maintaining gap (joining college or getting new I-20). Form needed is I-129.
2. If person is not currently working or working in different field: (a)Mostly will go to Can/Mex with or w/out filing I-824. (b)apply for COS i.e. petition for new I-94 without leaving country by maintaining gap (joining college or getting new I-20). Form needed is I-129.
3. You don't need to leave the country. You will be in H1B after Oct 1. You will get your new I-94 when you leave and re -enter in future. Most of the attorney doesn't know about this fact. I know one.
i. Name: Atty. Roger Rathi
ii. Nationality: Nepali, speaks Nepali fluently
iii. web: http://www.rogerrathi.com/
iv. Contact: (800) 510-8421
3. about I-824: it is your job to read your approval letter carefully. it is clearly written that if you want to change consulate you should file I-824. Usually, when you want to go to Can/Mex, you inform your employer and company attorney takes care of I-824. I'v seen people whose I-824 petiton got approved in 2 months.
As always,
Regards