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Immigration Issues/H1B COS and Visa Appointment

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Question
Hi Ajay,

I hope this message finds you well.  I have a question about H1B and your advice is much appreciated.  

I am in the U.S. and recently received an H1B approval with COS.  I wanted to travel abroad and booked an H1B visa stamp interview appointment in a U.S. consulate.  Later, I decided not to travel abroad before the H1B becomes effective on Oct. 1 to avoid all the potential risks.  Therefore, I canceled the interview appointment at the U.S. consulate.  My question is:

Does booking and canceling an H1B interview appointment at a U.S. consulate in any way affect the H1B COS?  In other words, as I canceled the interview appointment and chose to remain in the U.S., will my status automatically change to H1B on Oct. 1.

Thank you so much for your assistance in advance!


Answer
Hi,

As you were granted change of status to H1B effective Oct. 01 as per the H1B approval notice (Form I-797) issued by the USCIS, you will automatically be in H1B status on Oct. 01 as you can hold only one nonimmigrant visa status at a time in the U.S. and the latest action by the USCIS is H1B status effective Oct. 01.

Your consular appointment and subsequent cancellation does not affect the above opinion. Thus, you will automatically be in H1B status on Oct. 01

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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