Urgent Qustion about wrong H-1B issued.

[yuren]

Hi,

I have a really urgent question about my H-1B visa, the stupid HR applied the wrong H-1B for me because they forgot to check some checkbox on the application form. The H-1B they did is supposed for somebody outside of states.

My attorney suggest that I have to stop work asap, otherwise, I will be illegally working here..

I compared my H-1B notice with my freind's, there is no new I-94 attached on that..

Anybody has the same experience, please give me some help..

 

[Jim Mills]

You have 2 alternative:

1. leave the US and reenter in H-1 status
2. refile for a change of status.

The attorney is probably correct, you may be working in an unauthorized job and that could cause your problems in the future.

 

[dzhou]

More questions need your help

Hi, Jim,

Thanks for your helpful informations on this issue.

Still get some questions here.

As for filing to change the status, what procedure should I follow?
Do I need go through the Labor condition application and I-129 filing? Or just file I-129 to request the status change.

Can I use the premium processing in this case?

Thank you very much.