What is the difference between visa and status?

[atomicpenguin 12]

Can someone explain to me the difference between a visa and status?

 

I understand a visa grants you entry into a country and status is what you maintain inside the country, but can you be granted entry based on an active status alone?

 

For example if I file COS to H1B (and my student visa expires), if I leave the country after I get my H1B approved, how do I technically get back in?

Thanks!

[igoyougoduke 1,656]

6 minutes ago, atomicpenguin said:

Can someone explain to me the difference between a visa and status?

 

I understand a visa grants you entry into a country and status is what you maintain inside the country, but can you be granted entry based on an active status alone?

 

For example if I file COS to H1B (and my student visa expires), if I leave the country after I get my H1B approved, how do I technically get back in?

Thanks!

Visa purpose is to be able enter the country legally 

 

Status can the following : You can be a citizen, green card holder,  illegal, legal status on a visa . Legal status is defined as the status that you used to enter the country. So if you entered with a F1 visa you are in F1 status. If you have changed from Student to H1b , you cannot use Student visa in your passport to enter. You will leave the country and get a new H1b visa at the embassy to enter the country on H1b status.  As long as your change of status is approved you can stay in US without leaving in Legal H1 status. Once you leave US  you will need a new visa in the new category that you changed to 

 

 

[atomicpenguin 12]

Got it - so you will have to go to an embassy the first time you leave the country on your new status? And the approval notice and supporting documents alone isn't enough for the CBP officer?

[igoyougoduke 1,656]

38 minutes ago, atomicpenguin said:

Got it - so you will have to go to an embassy the first time you leave the country on your new status? And the approval notice and supporting documents alone isn't enough for the CBP officer?

it depends on the passport you hold. for most countries you need a new visa in the new category.  For example canadians dont need a visa with Change of status but almost every other country need a visa on COS. The H1b supporting documents allows you to work but is not a document to enter the country. 

 

For entry purpose you use a visa, for work authorization you use the approved documents

 

Its same thing for F1, your I-20 is to study at a University while your F1 visa is to enter the country 

[Boiler 45,486]

If you wish to enter to work in H1b status you will need a valid Hib visa. A COS means you are effectively landlocked without one.

[SalishSea 17,827]

1 hour ago, atomicpenguin said:

For example if I file COS to H1B

Not possible.  An employer would have to petition you for an H1B, and as of yesterday, those are suspended.

[SusieQQQ 11,586]

1 minute ago, Jorgedig said:

Not possible.  An employer would have to petition you for an H1B, and as of yesterday, those are suspended.

Even change of status? The proclamation affects those outside the US who need visas. Certainly for immigrant visa applicants the “banned” categories can still AOS if they are here.  I don’t think there are separate exceptions for the NIVs.
Anyway unless OP is either already picked in this year’s lottery or can get sponsored by a cap exempt employer it’s a moot question until next year anyway.

[SalishSea 17,827]

5 minutes ago, SusieQQQ said:

Even change of status? The proclamation affects those outside the US who need visas. Certainly for immigrant visa applicants the “banned” categories can still AOS if they are here.  I don’t think there are separate exceptions for the NIVs.
Anyway unless OP is either already picked in this year’s lottery or can get sponsored by a cap exempt employer it’s a moot question until next year anyway.

On what basis could he adjust?  

[SusieQQQ 11,586]

8 minutes ago, Jorgedig said:

On what basis could he adjust?  

No one said he could adjust, but I don’t see why he can’t COS IF he is eligible for H1B (or something else). The proclamation only applies to people outside the US who will seek entry on a visa they don’t already have. He is in the US already.

Edited June 24, 2020 by SusieQQQ

[geowrian 22,337]

COS to H-1B is possible.

 

As noted, you would not have a visa, though. Status only applies while within the US. To re-enter, you would need to obtain a visa. And those are suspended until at least next year.

[atomicpenguin 12]

7 hours ago, Jorgedig said:

Not possible.  An employer would have to petition you for an H1B, and as of yesterday, those are suspended.

Yeah as SusieQQQ said the proclamation only bans visas IFF you are (1) outside the country on June 24 and (2) don't have any valid nonimmigrant visa valid on June 24.

 

It's strange wording, so yet to be seen how a transition case like mine gets treated, but just wanted to confirm I will need to go to an embassy if I leave the country after my COS is done (proclamation aside).

[SusieQQQ 11,586]

8 minutes ago, atomicpenguin said:

Yeah as SusieQQQ said the proclamation only bans visas IFF you are (1) outside the country on June 24 and (2) don't have any valid nonimmigrant visa valid on June 24.

 

It's strange wording, so yet to be seen how a transition case like mine gets treated, but just wanted to confirm I will need to go to an embassy if I leave the country after my COS is done (proclamation aside).

Yes, you would. 
 

Also note you have to maintain the conditions of your existing status until any COS is approved. So if changing to H you cannot work until you receive approval, adjudication for COS has typically been 4-6 months. 

Edited June 24, 2020 by SusieQQQ

[Mollie09 1,543]

8 minutes ago, atomicpenguin said:

Yeah as SusieQQQ said the proclamation only bans visas IFF you are (1) outside the country on June 24 and (2) don't have any valid nonimmigrant visa valid on June 24.

 

It's strange wording, so yet to be seen how a transition case like mine gets treated, but just wanted to confirm I will need to go to an embassy if I leave the country after my COS is done (proclamation aside).

Yes, you need a visa for working if you are working. If you want H1B status, you must enter with an H1B visa (or do the COS, as mentioned above). If you do a COS, you will have the status without the visa, but will need the visa to enter in the new status, and those are not being issued until at least December.

[wagecuck3 31]

On 6/23/2020 at 11:13 PM, atomicpenguin said:

Can someone explain to me the difference between a visa and status?

 

I understand a visa grants you entry into a country and status is what you maintain inside the country, but can you be granted entry based on an active status alone?

 

For example if I file COS to H1B (and my student visa expires), if I leave the country after I get my H1B approved, how do I technically get back in?

Thanks!

A visa is usually a prerequisite for seeking entry in a particular status. If you don't have the visa, then you're not even allowed to travel to the US in order to ask them to admit you in H-1B status. If you do have the visa, you can travel to the US to apply for H-1B status but they may still deny admission if you do not meet all the criteria to be allowed into the US.

 

If you are inside the US on H-1B status then you don't need a visa to maintain that status, but if you leave the US then you need a visa to come back. There are two main exceptions to this rule. One is that Canadians and nationals of some other countries are visa-exempt. But since you already have an F-1 visa, I'll assume you're not visa-exempt.

 

The other exception is that you can use Automatic Visa Revalidation. Namely: if your status is valid at the time when you leave the US, and you travel solely to Canada or Mexico for less than 30 days, and at the time of your return to the US your status would continue to be valid if you had not travelled---then you may use any current or expired visa in order to re-enter the US, even if it is in the wrong category.