as i will be traveling to my home country that time. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. OPT should be still valid I could say that you can get it stamped from another country ( as other have done in the past). Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. how soon and in what way I can travel to the USA ASAP. My H1-B visa got approved and I have my H1-B authorization form(I797) and H1-B receipt notice and hence Im travelling to India to get my H1-B visa stamping. 1. I might have to go to India in December. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? 3. In the past, this was an option, but currently, only visa renewals can be done in Mexico. My H1B visa has been approved and I am waiting for my Stamping. I got my H1B application approved and also done with the stamping on may 2012 . Hi, Only when you travel. 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). In Mar 2019, my employer had filed an amendment for change of location. is there any way i can contact USCIS and get to know more about this ? I just graduated with Bachelors in Computer Engineering from a US university this august. Talk to an attorney https://askanattorney.happyschools.com/. 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. So can I continue working on my L1B visa till will get new project from this third party consultancy ? Hello Everyone, While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. Thanks for this information. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. Please correct your article. Change of Status(COS) or Consular Processing (CP). 1. My H1B lottery is picked up this year. In order to apply for change of status, the applicant must still be in a valid status. 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. I have a question about changing of visa status. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. And, Does 3 year duration starts from stamping date, or it is from Oct2019? all the same forms, and interview etc? I am in the middle of finishing my last semester of school. F (413) 584-5411 Can I get stamping before October 1 and enter the U.S. on H-1B? Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. I94 validity and with what Visa Type My wife is expecting and she will not able to travel anytime soon for the stamping. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). 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. Can it be fixed before that date ? I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. What documents should i carry in both situations(processing time and after acceptance of H1B). There are two steps involved in changing visa status from H-1B to F-1. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? Will the company C transfer H1B (I dont have pettion copy or approval notice with me) 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). If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? (Shilpi says: December 3, 2011 at 1:42 AM). 2. What is the maximum duration I can wait before going for stamping. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. https://www.happyschools.com/ask-an-attorney/. Looking forwardat your best advice. Please respond. Can I go for H1b visa stamping this year with the petition approved documents? This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. Or do I need to work with employer Y at least few months? If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. My H1B status is approved . First, you must be present in the U.S. at the time your employer files your extension petition. Hello raghu, thanks for sharing the information. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. 1) You need to enter petition no in ur wifes DS160 . I just got my H1B approved. Can I have my first H1B visa stamped in Canada? I am currently in US on L1 visa and checking options to moving to h1b visa. This year if I want to go for a job or higher studies in US. 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. But i couldnt see my employer sending me for visa interview. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. Copy of your old H1B approval notice and offer letter, pay stubs, etc. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). I am not sure how strict the immigration about it. I have been with this employer before my change of status. 2) My H1B is filed by employer based in Seattle. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. 3. 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. Going to Canada for my H1B stamping a good option? Sumit, if you want faster processing, then convert to Premium. 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. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. My friend wanted to take the legal action he is having all the proof when the money transfers etc. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012. For how much time can I be on this visa without stamping? I was planning to travel to India once my case gets approved. My DS 160 form status too in Administrative processing, can you please help me what should I do now? My i129 petition has been approved without change of status from h4 to h1b. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. 2. Is this a right thing to do ? If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Still the status show it is under review, I am not sure what is the processing time in general. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Transfer h1. At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. 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. Is my petition still valid and can be considered for cap exemption.? My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. My H1 is approved with COS. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. I want to transfer to new employer once i got my 797. You have to get the documents first. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. 2. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. The end date indicated on the I-94 is your status expiration date. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- My H1B premium process petition denied last month, now what could be the next step? 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. I also got a 5 motnhs gap in my OPT period. Case 2: Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Went for stamping in Hyd and the status is pending. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. You need to ask an Attorney. Hi, my OPT extension is valid until June 2018. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. 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. I am already in the US. Hi, My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. Will my current H1-B application get rejected because i dont have these details? Sorry, They gave Master service agreement and PO copy between them and client. It has already been 6 months since i received my approval. Any help would be appreciated in clarifying the following questions. 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/. 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)? 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 My question is what are the consequences of not having the visa stamped immediately. It got approved on 12/06/2016. We dont know what will happen to H4 EAd. Currently I am getting interview date of March 5th. Mine is a tricky situation. Ask the consulate. Can I get to continue to work with my current visa status (L1, L2 or OPT)? 3. My question: Is there any problem in entering to USA as I am going after one year of approval? case created:15th June, Case updated:18th June. My first trip to Canada will be August 2011. Thanks. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. I have responded to an RFE and am awaiting the final approval, hopefully. Please post your question in Q&A section. I got my H1B COS from F1. Instead of checking Change of Status, they indicated that I am outside US. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. So when my transferred petition approves i would be having only 4months from the visa expiry . I dont know the answer. I have a family emergency and that made me go from 19th of september to 24th of september. You are on H1 and you should get paid! I am awaiting for documents from my employer. His wife came on h4, now got h1b through lottery. Now my employer is saying that they want me to start from Jan 1 2012. I still did not receive my My husband employer filled for my extension. I am applying for H1B COS on 01-APR-2017. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Actually I have my H1B ammendment filed for relocation and it is in progress. Post the question to Attorney Murali via Ask an Attorney. 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. How much time will it take? 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 So, you can start working immediately. You should consult your employers attorney . If your application for H1B transfer is approved, you can continue with your job. The DOB is in the new I-94 which is at the bottom of the I-797 document. 2. Is there a way I can reenter the States using my current F1 visa? Its very helpful. Please Help. 2. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. If your visa application is approved it will be processed and mailed/available within 2 business days. My case status is as follows: 1. Check the Processing Time, usually, H1B and H4 gets approved at the same time. It is really helpful for the candidates like me! You can transfer your H1 to new employer and they have to send the required documents. 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. If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? Would my H1B visa expire at some point if I do not adjust my status? My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. Current Location India Please let me know on this. Will this be ok? Now my ques is , I knw i can work on 1 h1b at a time. 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? I want some time ( may be 1 week atleast ) to resign from present employer. You have to understand the concept of H1B Visa and Change of Status. Or, are there still any possibilities to be rejected? My employer resubmitted documents and USCIS received it within the RFE response date. Ask your attorney or submit this via Ask an attorney by Email. Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. My H1B got approved this year but unfortunately my employer let me go. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. You can continue on your current visa till your H1B is stamped. reagards Use the https://forums.happyschools.com/ for Q&A. My Visa interview is happen on June18th and counselor has taken my passport. Case details: Hi , Will there be any issue with that on stamping. My Employer file H1B visa under Premium processing. My employer has given me all the documents that he has received from the attorney. 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? My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. 2. 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. Your attorney can ask for replacement copy of Approval Notice. Approved H-1B Visa Petition with Change of Status. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. Work for Company A generate at least 2 pay stubs and then do the transfer? 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 !! Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. H1B Visa petition can be approved with Change or Status or Without Change of Status. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Accurate I-94 records control your lawful status: they are very important. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? 4. My employer has filed for H1B amendment for new location. I would list where you are working right now as current employment. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. 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 H1B visa transfer process is as follows: 1. Let's look at how it works and why USCIS will abandon your COS application. I am currently working as a full time employee Programmer analyst in e-verified company. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. My friend is going to graduate with MS in the 1st week of may 2013 (next month). 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. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Any people in my situation and got information regarding this,help please. Please do not make plans to travel outside of the U.S. without contacting our office first. to transfer you need the approval and EAC #. Is there any risk involved in it? If i go what will be the problem to my H1B? I am travelling to India in the second week of October and will have to get my H1B stamping done in India. Will he be able to go and attend the stamping? My H1 is approved as consular processing for FY2017. I am go to apply for H1 B extension. As I was with F1 status and it will finish from Sept, during one month I dont have no status. You may begin work for an employer while your application for a Social Security Number is pending. Is there a problem if I travel to India in November? I got my stamping done in Jan 2019. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. But i have not received hard copy of documents. One of my friend has the same issue now. You don't have any gap. Published research and other works that are in the public domain should be included in the resume. 1. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Congrats on your H1 approval. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? I applied for H1-B in 2007 and it was approved. Now I can utilize the same Petition number to other Employer. Hello 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? My friend has a situation where any of your suggestion would do a great help. Close All Open All Cap-Gap Extensions Eligibility for an Extension 1. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? towards the end of 6th year. This is not the suspension of H1B Visa program. You can go for H1B stamping till the date 60 days before its valid. My status got changed from H4 to H1. We recommend obtaining a new passport with given and surnames if possible. 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. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. My company applied for the H1B but are now saying that there are no projects. While your H1B change of status is pending, you are free to travel outside of the United States. Hi, Since then I have acquired alot of helpful information that has helped me tremendously. Current Status H1B Approved Will I have to go for stamping to stay in the country? Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. I am on totally confused stage. I have a question. I feel this might be becoz of the COS as i was not there in US while applying the petition . There are some exceptions to this rule. Show them your I-94. Please reply ASAP! Do I have to apply for OPT extension? Thats the conversation you should have with your employer and attorney. I have applied for SSN in near by office. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. I found your video really helpful to understand the process. 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 visa has been approved with a change in status (F1 to H1B). I dont know if the start date will be Oct 1 or day when they approve the petition (after Oct) and it doesnt really matter. I am currently in Singapore. First Do i have any problem in visa stamping? I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Please hel me if some one knows the rule of H1B Visa. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered 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. I moved to new the address now (Different State). Will it pose a problem while getting the visa stamped? Please share your case. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. But they did not send me for stamping. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? If I go for stamping in India for H4b will I have any problem ? USCIS now provides a copy of the I-129 petition directly to US consulates. I had started working with my new employer after I had received the petition filing receipt. During this period, prospective petitioners and representatives can complete and submit . Heres a list of documents required for H1B Stamping. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. So in that case i need to attend visa interview again to make my travel. Refer to application form I-129. 1. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. I am and just want some company in anxiety. Yes I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. Same company, same role. My passport is changed after I applied my H1B lottery due to spouse name addition. I got my H1B approved for the year 2012.
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