I just wanted to play safe and avoid going for stamping in this trip. Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. I just got my H1B approved. I have received i797c notice of approval. And petition validity is till October 2013. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know Quick question- I received the COS from L1B to H1B two days back. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? But which document i needed to get stamp by next employer. Your employers attorney should have given you these details. I am in India. Any other Visa (L1 or B1 etc ) NO other Visa I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? Do I have to apply for OPT extension? Travel in H-1B Status - Johns Hopkins University Education No US Degree (Graduation and Post Graduation from Indian University) This option is explained here for the benefit of MurthyDotCom readers. To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. What was your status when you got denied notice? My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice Travel After H1b Change Of Status Approved 1. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? or reasonably safe to do so ? Prior to this my OPT ended on 09/26/2016. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Ask the consulate. But I never travelled on this VISA. I am currently living in USA and working as a full-time employee with the same employer for 2years. I hope you will be able to help me. http://www.happyschools.com/ask-an-attorney/. I am on h4 dependent on my husband h1b. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. 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. If H1 done vs CP, then you will stop working when you enter the US on H4. My H1B visa has been approved with a change in status (F1 to H1B). I have both passports with me. My employers attorney has filed a service request too with USCIS, but no updates yet. Please suggest me. same office location but the new address of residence is in different county. 1. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? (Shilpi says: December 3, 2011 at 1:42 AM). Is there a problem if I travel to India in November? I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. You can go for H1B stamping till the date 60 days before its valid. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . my status showing as below. Your H-1B photograph. Ive my client letter, pay stubs, W2 forms everything clean. You should check if Transit Visa is required for Paris. How can i go to US now ? I want to transfer to new employer once i got my 797. Now, my current employer is asking me to leave the country as my petition was denied. 1. My change of employer petition was approved recently while still being in US. Hello Raghu, As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? A reciprocity fee may also be required. I would appreciate any advice on our case. But, you would need a valid US visa (other than H1B) to re-enter the USA. 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. My start date mentioned in the petition was Nov 1. I moved to new the address now (Different State). My question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? Documents related to your H-1B petition. So i wanted to schedule the H1B interview by the second week of Oct-09. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . I came to US in 2006 for my Master's. I have not done anything regarding the h1b. as supporting documents, if asked. I have valid H1b petition until 2014. Consult and attorney. My attorney recommended that I should not travel to India until next summer. If you told for me to went there and got the stamp when would you suggest? Will the H1B come in effect from 10/01/2017 ? Change of Status(COS) or Consular Processing (CP). I joined them in 2018 when I was on F1 . Many consulates use an online appointment system for visa applicants. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Also, please suggest if people are getting their H1B 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. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. I think 6 years will start when H1B status is activated. Is this possible? Hi , Hi, I ll be grateful if you can guide me for this. Hi Raghu, You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. Got the recpiept on amendment but havent heard anything from USCIS. H-1B Approval, I-797A Notice: Must Know Info | VisaNation I have responded to an RFE and am awaiting the final approval, hopefully. So when my transferred petition approves i would be having only 4months from the visa expiry . Now my employer is saying that they want me to start from Jan 1 2012. For how much time can I be on this visa without stamping? 1) I need to travel to India between April and July, will there be any issue? I am afraid of expiry date, what will be best solution for it . I am in india right now. The student's OPT is valid until November 30th. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. So they requested a data fix to SEVP to fix my SEVIS record. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? My H1B lottery is picked up this year. Please help! I am bit worried on this status, can you please help me to understand this status. My parents are coming to US for a visit. 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. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I attend my visa interview from Dubai or India, Kindly advice. Nationality Please help addressing tis issue. Ask your employers attorney Is there any dependency of result of one amendment on the other. I would need to H1B, F1 respectively. Can I Travel When H1b Amendment Is Pending? But, do you want to wait around to get into H1B under this current scenario? I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? 3) However I left my employer who had filed my petition in February 2012 to join a new company I dont know if you can start working if online status says approval. I am on OPT right now till June 2011. I'm Indian, rightnow doing job in Singapore. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. So its always best to check with a consulate first before booking for visa interview date. Do I have to await the approval notice before joining the work force? The H1B visa transfer process is as follows: 1. I got my initial H1B Approved From OCT 2019 to Jan 2020. MY H1B employer is OK to work with Dell in Austin. I have submitted my final evaluation of OPT to my school and they told that my sevis status was not auto complete/update to H1B. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. I got my H1 approved and it starts from Oct 1 2009. Looking forwardat your best advice. Please advise. I got my H1B approved for the year 2012. However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 card will expire on the date your passport expires. Sumit, if you want faster processing, then convert to Premium. I am working for company A on L1B. What documents should i carry in both situations(processing time and after acceptance of H1B). Can this be done ? Let's look at how it works and why USCIS will abandon your COS application. Going to Canada for my H1B stamping a good option? And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. I have a valid F1 visa till 2021. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. 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. USCIS now provides a copy of the I-129 petition directly to US consulates. A copy of your visa stamping appointment letter. Mine is a tricky situation. Im not sure how USCIS treats the approved petition. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. Check the Processing Time at USCIS page. I was working on h1b visa in usa from 1-2 years for same client. I have a weird situation. Is it dangerous? Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). After approval of my petition, how long can i wait for change of status or getting stamped ? (Regular processing). What form do I have to submit for the visa interview? I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Later, you may jump ahead to certain sections. How long can it be allowed/valid to be stamped? I recently quit the company i was working for. You have to understand the concept of H1B Visa and Change of Status. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). Will it pose a problem while getting the visa stamped? Same steps as applying for new Visa. I entered US 14 days prior to the start date mentioned on my i797. (same sate). While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. 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. Now My question is. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. It will say Post-Decision Activity. 3. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do Is it mandate to get the stamping done and travel to US during the validity period. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? F1 Visa Expired in July, 2012 Could you please let me know all the possible options? Nationality- Indian Thanks !! Why not get H1B stamping and enter US? 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. I am a Canadian who has been working in the US with TN visas in the past. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Will there be any issue with that on stamping. 2. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. 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. So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Hi, 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? My approval notice has mentioned Montreal consulate, now i have moved to Calgary. my time period exceeds means from india i can Apply my H1B or not. Visa processing times and questions can be stressful at times, thank you for replying to the queries. So, will my last year case have any impact on this year, as I didnt go last year. Please help me guys, I am totally confused on this. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. URGENT! But i am planning to change it to H1B. You need to ask an Attorney. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. I did not have petition copy with only i have WAC no. I just got this notice, but does it mean I got approved to technically be H1B status? 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 I just got a new Job Offer, is H1 transfer now a good idea? You can start from here https://askanattorney.happyschools.com/ 1. 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? The USCIS responded that the travel does not change the equation. Please respond. That will answer all your questions . Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Would it give problem to me ? Hi Raghu, I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? But I couldnt get any job because of corono . Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Thanks. 3. Please share some information wrt this. 7. You get the original in 2-3 working days. Next Steps After H1B Visa Approval - Change of Status or Stamping If you have the approval notice for H1B, then can apply for H4 now. Employment duration with present employer 6 months. As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Is i am eligible to stamp by next employer OR my petition is waste. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy Can I join B without any issues/legal hassles? Right now, I am on Post completion OPT and it ends on Feb 2021. Mine got approved on 12 Nov, Still waiting for 797. 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. I have checked my status online and it says , we denied your i129 and mailed you the decision . Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. Issues to deliberate on After that, I changed Employer without stamping. I could say that you can get it stamped from another country ( as other have done in the past). You are right. The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. Hi, As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". My Employer from India, I have my client at Location X and Location Y. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. The increase in enrollment is due to the removal of travel restrictions . Hi, Please follow any instructions provided by the counslar at the time of your interview. 15 calendar days to get the decision. Could you please provide the procedure in this case. Pls reply Living within US without COS? But they did not send me for stamping. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. I am in US on F1 visa now. My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Im on F1 Visa Status currently working in USA on STEM OPT. Can it be fixed before that date ? My L1 is expired for company A with valid I-94. My next employer is ready to stamp. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. Should I Marry an American Citizen to Stay in USA? Such guidance does not carry the binding force of law or regulation. Or should I choose the drop box option after I get my initial H1 stamped. 1. How this H1B visa be utilized in these two cases: Here I got some confusions.. 1. If you had approvals in the past 6 years, then you dont count in the lottery. towards the end of 6th year. Any problems with it? 2. 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 filed the petition under masters quota and with COS . My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. Your employer will file H4 visa along with your H1B application. I got my H1B application approved and also done with the stamping on may 2012 . 2. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. I can return back to work to the same employer or different employer after few months. 2. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Try again few days. I also got a 5 motnhs gap in my OPT period. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. If yes then what would be the approximate cost of status change ? So, seek legal counsel in this case. 1. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. Hello Raghu, You should have the Approval Notice with you. I just want to know what all documents I have to collect from my employer. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. Our firm assists individuals and institutions across the U.S. with their immigration needs. I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). 3. Is that petition is valid now ? Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. 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. F (413) 584-5411 Yes. Is there a way to salvage my petition ? But before interview i will get my new H1B extension petition. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. This is not the suspension of H1B Visa program. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. 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 am on totally confused stage. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. 2. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. 2. reagards 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. I will appreciate any legal and serious advise on this matter. My company applied for the H1B but are now saying that there are no projects. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. You should consult an attorney about a status-related question. After going there i would like to change my status to H1B from F2. My H1B premium process petition denied last month, now what could be the next step? Your H-1B status is valid until the end validity date of your most recently issued I-94. We are currently stating in US. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Sorry, They gave Master service agreement and PO copy between them and client. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. However, each U.S. consulate will have varying rules. Iffurther information is needed you will be contacted. I have a question. If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. My H1 is approved with COS. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? From April 1 your status will be H1. Same company, same role. Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. Now things here are going good so thinking to change to new client and new location again. I am getting my H1-B start date as 1st Dec 2010. I feel really frustrated by all this bureaucracy. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. Can i travel India during the H1B processing time.? Could you tell me what happened to you case? In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. From USCIS website my status is confirmed as Approved. 2. Hey RFE and travel puts you in tough spot. Ive never done any studies here in US/Canada and Im from India. For some personal reason, I am quitting my job with present employer( who filed my h1b). He just received a mail from university that his sevis is terminated and out of status now. My spouse current status is H4 EAD. How far is this info correct? In 2018 November I had to leave US and (the organization where I was working) because of a family 1. After coming to US i changed my status to F1 in June 2011. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. ?Could you please advice me on the same? Your dependents will also be unable to be admitted in H-4 nonimmigrant status. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? I have not gone for stamping yet. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. My H1B has been approved and i am staying in india. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94.
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