An H-1B applicant is facing uncertainty after receiving conflicting approval information. While a physical approval notice from the USCIS confirms the H-1B petition, the online portal shows the case as denied.
Conflicting USCIS Status Creates Confusion
The mismatch between the physical notice and the online status has left the applicant confused. The approval document confirms success, but the digital record suggests otherwise. This inconsistency has raised concerns about the applicant’s legal status.
Consular Processing Explains the Discrepancy
Experts explain that such cases usually involve consular processing. In these situations, the H-1B petition is approved, but the Change of Status (COS) from an existing F-1 visa is denied. Both outcomes can occur together.
I-797B Issued Without I-94
Because the COS was denied, the applicant received an I-797B approval notice. However, no I-94 status form was issued. This means the applicant must leave the US and attend visa stamping.
Mandatory Travel Back to India
The applicant is now required to return to India for H-1B visa stamping. Without stamping, employment in the US cannot begin. This creates further uncertainty around timelines.
Severe H-1B Slot Delays
Due to limited H-visa appointment availability, securing a slot before 2027 appears unlikely. This delay could push the employment start date far ahead. The applicant’s STEM OPT is expected to expire before any appointment becomes available.
Risk of Job Loss Increases
With no clear path to timely stamping, the applicant faces a real risk of losing their job offer. Many applicants depend on emergency appointments to secure interviews within the year.
Emergency Appointments Remain Uncertain
Emergency appointment approvals are difficult and unpredictable. There is a strong possibility that the applicant could remain stuck in India if they travel for stamping now. The situation remains highly uncertain.
