Approved I 797B with consular process - Consulate Closed, Options?

USA H1B Visa
1

Hi,

I have an approved i797b but have to undergo consular process, SInce routine visa services have been suspended everywhere, what are my options. Please advice. Thanks

2

Your options are only to wait. There is no other way. If you are outside of US, you need to wait. Read What is US Visa, why you need it ?
But, if you are already in US, then you may apply for Change of Status.

3

Thanks Mr Kumar,

I am in US only. Actually my lawyer applied for an amendment and extension of stay. My background is -three years back I converted for J1 visa to H1b visa on basis of hardship waiver. Went through consular process in Delhi. My current H1b is expiring in June 2020.
USCIS approved the amendment but got confused in EOS with CHange of Status. So gave us i797b and asked us to go through consular process stating that you can’t convert from J1 to H1 on basis of hardship waiver in USA.
I consulted many lawyers and everyone said that USCIS is wrong. As that thing has already happened in past and we are currently on H1B and they applied for EOS. When lawyer contacted USCIS, they said they will look into this matter and get back to us in 5 weeks. Everything happened in January 2020. Have not heard from them until now.

I hope things get better. Do you have any idea that if we go through the consular process , an approved i797b with a explanation that you can’t Convert J1 to H1 is USA make the matter worse.

4

Not necessarily. It depends on the J1 context and restrictions. If you have done it the right way and it was genuine, you should be fine. Stay positive !

5

A post was split to a new topic: H1B COS - Consular Processing

6

Hi Mr Kumar,

I got An approved i797b with a request for consular process. My current H1B is valid till June 20. USCIS confused my EOS to COS and gave me i797b. Meanwhile because of Uncertainty due to CoVid, my employer has agreed to file a new petition I-129 with an addendum about how USCIS misinterpreted the law, to get me a grace period of 240 days. Can you suggest whether it should be done in June so that I get more days before USCIS decides or in May so that USCIS is able to take a decision By June 20. My case will go to California center for processing.