Hey Rajiv,
I am currently on my F1 Stem OPT (valid till June 2025). And I have my H1B petition approved (I-797B) through consular processing. So my employer mentioned to me that I had to travel back to my home country and get the H1B visa stamped at the consulate and then return back on H1B. Till I do that I will be on my current F1 stem status as it is valid through june 2025.
Recently my office work site location changed. I wanted to fill out my DS-160 to get my appointment for the consular processing. In the address section of the H1B employment, i was adding the new office address as that is the address I have reported to my DSO to update in my SEVIS record(as i was told to report material changes within10 days by refilling my I-983 STEM Training form). But my employer advised me to put the old office address in my DS-160 as he said that the old address was what was on my LCA and H1B petition form (I-129).
The new office address is within 50 miles of the old office address so the employer said it's not a material change and does not require an amendment to be filled.
1) Can you please let me know if it's an issue and can I fill the new office address in my DS-160 regardless of what is mentioned on my petition? or filling out old office address shouldnt be an issue (and what documentation will i have to carry with me for the new address) ? or do I have to file an amendment? And if I have to file an amendment then can I file a change of status with it as well, since I am already in the US on my valid F1 status.
2) For the amendment and change of status, it seems my employer will need to fill out my I-129 form again (with the address change and change of status option), so does that mean my previously approved H1B petition could be overridden by the decision of this amendment?
3) If we do file the amendment and change of status, can I do premium processing for it ? Would you advise that doing premium is the way to resolve uncertainties faster(especially since the employer plans on filling the amendment themselves without the help of a lawyer).
4) In case of change of status, do I already need to be on the job profile mentioned on the H1B petition and getting paid the amount that was mentioned in it ?
5) Given the circumstances, would you recommend filling out DS-160 and going back to my home country for stamping or doing the change of status and amendment while still in the US? What would be the safest and best legal course of action for me?
6) Is there are hard deadline before which the H1B needs to be activated(Like if my lottery was picked this year, it needs to be activated before next year's lottery) since the H1B lottery slots are assigned based on their calculations for each year ? I am asking this because i am not sure if i can get appointment in time or if change status and amendment approval doesnt come in time
I want to thank you again for the time you have taken to consider my situation. I am very concerned about this situation as I am not getting clear legally accurate answers from my employer and as a second opinion I wanted to consult you on this.
Please let me know if you can help me with this. I would really appreciate it. Let me know if you need any more information from me.
Thanks,
Atharva Kadam
