or will it be a new h1b and i will be placed in lottery? and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Could it harm my visa to do so? I just wanted to know the risks in traveling to India now. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. Do I need to go back to india for stamping or can I continue with h1b? What documents should i carry in both situations(processing time and after acceptance of H1B). By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. 2) when can i go for the stamping?? 1. Your employers attorney should have given you these details. You can alter the auto-generated information to tailor it for your dependents. Approved H-1B Visa Petition with Change of Status. If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. I have to make lot of assumptions since you have not mentioned your current status:- Do I need to go for stamping again after his H1 gets approved with new employer? Hi Please correct your article. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. Please be sure to do the same for your dependent(s). Please post your question in Q&A section. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Currently on a Project You can transfer your H1 to new employer and they have to send the required documents. Second, submit a change of status application. Please contact our office if you would like to initiate a permanent residence application. I m doing Msc biotechnology. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? A copy of you VAC-stamped DS-160 confirmation page. Visa Validity Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Is it ok, if I stamp my visa first and then my wife and kid go later on. Nevertheless we would like to stay and work in the US. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. all the same forms, and interview etc? It counts based on effective date or expiry date? But the location where i want to go for work is different state than the petition filed for a different state. Due to some reasons their department HOD is not going to sign the OPT form. I started working since 6 months in pretty big company. Use the https://forums.happyschools.com/ for Q&A. You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. Is it necessary to work in petitioned company, while going for an H1B interview. You may have different questions with respect to this situation. I applied for a new passport in the Indian embassy in the US and have reported the lost passport to the US consulate in India. OR Please advise. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? After going to India if i will not get stamping in India, My H1B visa has been approved and I am waiting for my Stamping. So they requested a data fix to SEVP to fix my SEVIS record. This is reason I considered going Canada instead. I am searching for consultancy firms who will file my H1B visa. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? But my attorney filled the form incorrectly. So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. Refer to application form I-129. After you change to Company B, you will submit New DS-160 with company B details. Nationality- Indian My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. Dhara Will that be enough to show employer and employee relationship or still end client letter is required ? can i take got visa stamping with that case ? If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. interesting how to apply for dutch passport ? Is it mandatory to get the H1B VISA Stamping after the H1B is approved. 1> If I join same employer (who filed my H1B) after 6 months I am travelling to India in the second week of October and will have to get my H1B stamping done in India. to transfer you need the approval and EAC #. This year if I want to go for a job or higher studies in US. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). Activation of my h1b is October 1st 2016. I have been with this employer before my change of status. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. You can also post it via As an Attorney here. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 2. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Can you please tell me what shud I do to correct that ?? I am on F1 status , and its valid till feb 2018 . Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! I got my H1B approved through Consular notification. would there be any problem returning US at the port of entry ? Customs and Border Protection (CBP) has implemented an electronic I-94 system. what wil happen to my H1b? Mine got approved on 12 Nov, Still waiting for 797. Now again i am filing H1B. Looks like your COS was abandoned. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. 3)if i go late for the stamping is it a problem?? Hi Rushi, Thank you in advance for your kind understanding and cooperation. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. I got my h1b petition approved filed by my previous employer couple of days back. an assumption, I have submitted the client letter, SOW etc. Question I have is my husband was in F1 and went ahead with divorce. Checking the feasibility of changing employer The travel does not invalidate the previously-approved USCIS change of status effective from a future date. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Please help me guys, I am totally confused on this. Please suggest. but what will happen at the time of stamping.? I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Please advise. Talk to an attorney https://askanattorney.happyschools.com/. So how long does it take to have visa interview (in genaral). I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Sorry, They gave Master service agreement and PO copy between them and client. (or) Am I suppose to have October pay-stub i..e on H1 status. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. please help. Will there be any serious issue duing VISA interview. my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know 4. I am currently living in USA and working as a full-time employee with the same employer for 2years. Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. Help Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. I'm Indian, rightnow doing job in Singapore. My spouse live outside of US. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. Any other Visa (L1 or B1 etc ) NO other Visa But, you would need a valid US visa (other than H1B) to re-enter the USA. I would like hear about your experiences or your advises on H1B visa stamping in Canada. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. My Employer from India, I have my client at Location X and Location Y. This means I will not be able to transfer it to a new employer. I have an H4 visa and live in USA. 2) I dont have pay slips as I never joined company A. My husband employer filled for my extension. I know the alternative is to wait together to go as family. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. We cannot complete the DS-160 for you, but we are happy to answer any questions. Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 They would have to file COS from H4 to H1 ( and they can do in Premium). You have to talk to a few attorneys to find different solutions and then pick one. Please do not make plans to travel outside of the U.S. without contacting our office first. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. I have to go for stamping in Chennai. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. In Mar 2019, my employer had filed an amendment for change of location. 1) How Can I know that my Petition was approved using PP or normal processing Till when can I continue my job on L2-EAD? Not sure, why they have to say H1 cant be extended. Thanks. If Your H-1B Petition Has Been Approved as a Change of Status: I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . Will it pose a problem while getting the visa stamped? I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. I think you have to wait for the notice to reach your employer. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. I got married after 10 days of my H1 stamping. Is this a practical scenario? Ive 4 years work exp. I received my H1B approval notice yesterday. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. The DOB is in the new I-94 which is at the bottom of the I-797 document. As there are not much requirement during November and December month. 2. Does anyone know how long an amendment takes? I went to PAI on 11/18. Can I attend the interview by oct-09? Hi Arun, And now his petition is getting expired in july 2011. I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? My employer saying till january I may have to wait. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Thanks for asking. Actually I have my H1B ammendment filed for relocation and it is in progress. Change of Status(COS) or Consular Processing (CP). Current Status H1B Approved I had not scheduled my visa interview, and I didnt join that company. But I have left from the company which applied my H1B. Any help is appreciated. Your attorney can ask for replacement copy of Approval Notice. My case status is as follows: 1. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. 2. I have a question. Currently I am in my post completion OPT. But I am considering the former option. Your H-1B status is valid until the end validity date of your most recently issued I-94. But my Visa Petition status is showing active and approved. If you continue working, you run the . The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. Question: What happens after your H1B Visa is approved? However getting visa appointments in India is also hard so you just pick your poison I guess. Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Hi Raghu, I am currently in same situation. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. You should try to transfer before they withdraw. pls help. Hey RFE and travel puts you in tough spot. IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. I've received all H1B related documents from my employer. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. Current Status OPT Typical H1B visa start date would be October 1st if the application was submitted during the month of April. The H1B visa transfer process is as follows: 1. I am scheduled for a business trip from Sep 27th to Oct. 6. I got my H1B COS from F1. Were you able to find out whether we can apply for COS or how did you go forward? Sorry. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. My question is how many days do I have before I join the work and use my H1B status ? Waited for i-129 approval but dont want to waste the chance of F1 visa. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. Could you please tell me the process how you got the H1B.I am also looking for one. Otherwise, the issuance of your visa may be delayed. I feel this might be becoz of the COS as i was not there in US while applying the petition . The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. How much time will it take? I got a new project with a start date Jan 2nd 2019. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? The H1B petition is approved on July 1st. Is there any company who can do H1 B visa can just reply me. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? We got new client new location so filed amendment. 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. I agree with your attorney. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy Most visa applicants must appear at a consulate for personal interviews. My H1B receipt received on April. My passport is changed after I applied my H1B lottery due to spouse name addition. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. 3) However I left my employer who had filed my petition in February 2012 to join a new company My H1B(i797) Got approved on may 17th, 2016. USCIS now provides a copy of the I-129 petition directly to US consulates. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. I am very new to this blog. if so, what should I do for a month? Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? One of my friend has the same issue now. Can I travel outside US now ? 3. Thanks !! But company x filed my petition when I was in place A and two months it moved me back to place B. There is no grace period. Or, are there still any possibilities to be rejected? Stamping is not required unless you leave the country and enter again. Work for Company A generate at least 2 pay stubs and then do the transfer? I got my H1B application approved and also done with the stamping on may 2012 . Ive never done any studies here in US/Canada and Im from India. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. I live inside USA and I have valid status. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Our company doesnt support E-2 Visas anymore. But now new i94 , my first name : fnu and last : xxx yyy, I went to apply SSN but they were not able to see my records. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. I filed the petition under masters quota and with COS . Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped What should be the next steps for me ? Can I go for stamping here in US consulate rather than going for stamping in India? Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? Please help addressing tis issue. What form do I have to submit for the visa interview? I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Im not sure how USCIS treats the approved petition. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). She came to US in H4 Visa in 2009. URGENT! Hi Raghu My case is similar to Abhisheks case. Thanks for the detailed reply. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. So, I think you cant go back. If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. Can my employer file for an extension considering that I havent entered the USA with the initial/current petition and do we have to file for an extension before current one expires considering that I havent entered the USA? You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. Is my petition still valid and can be considered for cap exemption.? When can I start working for the employer? Is there any info for attending visa interview in India? Travelling outside US when H1 B is under process is that a problem? Is there any risk involved in it? My H1B has been applied from an MNC and it got approved. I travelled India when he was on H1 status and I do have visa stamping till March 2019. My H1 is approved as consular processing for FY2017. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. I want to share my question to you hope I will get the answer. Is it ok to wait for more than 3 momths after my H1 approval? 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US?
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