My joining date with other employer is after 3 weeks. Now my ques is , I knw i can work on 1 h1b at a time. You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. I have got a valid H1b approved petition from my current employer. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. 1. Can you please tell me what is the percentages of cases still approval pending with USCIS. There many waiting to attend interview who got H1B approved last year. Thank you in advance . I got F1 Approval in June. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. The H1B visa transfer process is as follows: 1. What are all the details/documents required for scheduling the interview? But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. The 2004 Hernandez letter remains helpful and relevant even after many years. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. I would need to H1B, F1 respectively. 3. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. Went for stamping in Hyd and the status is pending. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. 1. Sorry, They gave Master service agreement and PO copy between them and client. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. Some people are waiting in India without having an opportunity to travel with H1 approval. I am in india right now. i will have to travel to india next month . My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. Hello Everyone. 4. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Please let me know, Hi Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. But they did not send me for stamping. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. My i129 petition has been approved without change of status from h4 to h1b. While your H1B change of status is pending, you are free to travel outside of the United States. Can you please tell me what shud I do to correct that ?? Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. Required fields are marked *. My H1B has been approved and i am staying in india. Could you tell me what happened to you case? This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? or can I go to any country to get H1-B stamping ? Thank you in advance. I want to schedule my spouse H4 visa interview on Dec 2nd week. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. Please Help. Could it harm my visa to do so? While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. I have not spent a single day of H1B employment with my petitioning employer. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. Be practical. I have the same concern being in the same situcation as Shilpi mentioned If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. You will eventually need H1 stamped right? Company B is filing H1b for me. If I go for stamping in India for H4b will I have any problem ? I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. I am bit worried on this status, can you please help me to understand this status. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. Please share some information wrt this. However, we cannot predict if you will face any issues unless we have more information about your specific case. What form do I have to submit for the visa interview? 2023 Murthy Law Firm. Still the status show it is under review, I am not sure what is the processing time in general. hi Raghu Can I try for H1B transfer from here in India itself? is this usual? Please suggest. Now, my current employer is asking me to leave the country as my petition was denied. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. Kindly help to understand what are my options in such a case. Thats the conversation you should have with your employer and attorney. But which document i needed to get stamp by next employer. Now My question is. I am taking appointment for H1b Stamping and H4 visa for my wife. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Not advisable . 3) However I left my employer who had filed my petition in February 2012 to join a new company will be it be better to go for visa stamping before or after october 1st 2009? It has already been 6 months since i received my approval. Refer to comments policy. should I get back to the US before the 7th of July ? Congrats on your H1B Approval. I still did not receive my Opt Expiration date : December, 2012 Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Would it give problem to me ? 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. My H1 got approved this oct6 from California center. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. pls help. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? Im in H1B Status now and planning to transfer to new employer. Not its not valid. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. Going to Canada for my H1B stamping a good option? On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. Is there any risk involved in it? The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. 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? So, the question posed is whether, after the international travel, the previously-approved change of status from F-1 to H1B, with an effective date from October 1, 2022, is still valid, or is the last action considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on September 6, 2022. Is there any company who can do H1 B visa can just reply me. Very recent my h1 petition got approved for one year. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. If you do premium processing, then you can get approval in May/June. I agree with your attorney. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. Thanks for the detailed reply. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). H1B to F1 Process and Timeline for Indians : r/h1b I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) I am on h4 dependent on my husband h1b. You should review all of this information after each H-1B approval. Im not sure where you can attend the visa interview from. 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 ?? Ive never done any studies here in US/Canada and Im from India. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? I am working for company A on L1B. If you had approvals in the past 6 years, then you dont count in the lottery. URGENT! i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? 1> If I join same employer (who filed my H1B) after 6 months thank you. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. I want some time ( may be 1 week atleast ) to resign from present employer. Since then I have acquired alot of helpful information that has helped me tremendously. My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. My H1b approval is expired last month. I am awaiting for documents from my employer. Hi, But due to some issues I am not traveling and will be travelling in 2021. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. Only your employer can help you with this case. 15 calendar days to get the decision. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Hi Raghu, A travel letter template for your employer to complete before you travel can be foundhere. Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. But with some personal issue, I need to travel to India in the 2nd week of April 2019. COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Refer to application form I-129. https://www.happyschools.com/ask-an-attorney/. There is no grace period. 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? Let me know what does my status mean . Heres my opinion: Please contact our office if you would like to initiate a permanent residence application. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). If would get the degree. I dont know if you can start working if online status says approval. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. Travel Check List for H-1B - International Students and Scholars Office After coming to US i changed my status to F1 in June 2011. I'm currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home? Its would take less than 30 minutes to get a new DS160. But the office location is different and the new address of residence is different state. Does it help for any cap exempt? Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments Why are you giving incorrect info? My status got changed from H4 to H1. Your H-1B photograph. But my Visa Petition status is showing active and approved. 1. Lets say if my application picked up in lottery and Ill get result in May/June. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. 2. Travel After H1b Change Of Status Approved You can apply for your visa stamp in a Third Country such as Canada, or you can apply in your home country the next time you go home. People are still waiting for H1B results filed in April 2015. Is there a final date where I would need to take on my H1B visa? Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. 2. Hire Us. Hi, Thanks -Padraig. Please contact our office before making travel plans. I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. So, will my last year case have any impact on this year, as I didnt go last year. They would have to file COS from H4 to H1 ( and they can do in Premium). If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. currently iam in USA If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? You dont need stamping. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. If it was a coincidence then my petition was approved using normal processing and I should get my money back. But now the requirement is not there with client Y. Traveling in H-1B Status - Office of International Students & Scholars Can I travel outside US now ? H1b extension is taking about 5 months for regular processing. Company B is a consultancy company. 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. Will there be chance for getting stamped if I attend the interview late? Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. What are the options available for me to go for stamping for change of visa status? Once I check that my H1B is approved on the internet, can I start to work right away? If you have the approval notice for H1B, then can apply for H4 now. Can I go for stamping here in US consulate rather than going for stamping in India? Can it be fixed before that date ? I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. I am on F1 Opt working for a company. Looks like your COS was abandoned. Ive tried the CDN immigration website. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). I would appreciate any advice on our case. Visit this page frequently to know the latest updates. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. Please let me know if this is advisable and if not what are the consequences. How much time will it take? Hi, Can I travel outside the US after H1B approval (change of status) but Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Your employer will file H4 visa along with your H1B application. Steps after H1B Petition Approval - Visa Stamping, COS - RedBus2US In this she cannot travel and neither u can extend her i-94 based on ur new petition. My question: Is there any problem in entering to USA as I am going after one year of approval? The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). same office location but the new address of residence is in different county. I cant help you here. I am on totally confused stage. If you told for me to went there and got the stamp when would you suggest? I got married after 10 days of my H1 stamping. 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. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). Should I cancel my H1B ? My Petition got selected for h1b by lottery. I have not signed any agreement with company B. Any problems with it? 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. We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. 1. Any people in my situation and got information regarding this,help please. If yes then what would be the approximate cost of status change ? 1. Current Status OPT Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. USCIS publishes these figures on a weekly basis. I am on the place as you are. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. 1) I had received RFE. Hello Everyone, caroline. will it be valid to apply in 2019? Thanks a lot for the response, Raghuram. Extension of Post Completion Optional Practical Training (OPT - USCIS I got my H1B application approved and also done with the stamping on may 2012 . Your attorney can ask for replacement copy of Approval Notice. PDF IMMIGRATION FACT SHEET - Sidley Austin Case 1: Can you please help me with this? They may refile or do a MTR. I got my first H1B approve in Sep 2011 for 1year. 2. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. You should check if Transit Visa is required for Paris. Sorry, I dont know the answer. Second, submit a change of status application. I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. First, you must be present in the U.S. at the time your employer files your extension petition. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Hi Raghu, I got My H1b approved and started from October 1st, 2019. H-1B and O-1 Travel. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. Is this a right thing to do ? You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. USCIS now provides a copy of the I-129 petition directly to US consulates. can i take got visa stamping with that case ? Till what period my attorney/employer would receive the i797 approval Mail notice. Got message: The end date indicated on the I-94 is your status expiration date. I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. 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 #2 Change of Status DENIED However, there are a few things you need to know before you travel. Hello Did you get the answer of yr question? Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. No you cant. Will the H1B come in effect from 10/01/2017 ? Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. I did not have petition copy with only i have WAC no.
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