P.S. i9 will be used for your job and visa verification by your employer. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Currently I am on F-1 Student Visa. The new employer transferred his H1 again and it is in premium processing currently. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. But I never travelled on this VISA. 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. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. I am on h4 dependent on my husband h1b. Hi, Can i still get my H1B stamped? Can I have my first H1B visa stamped in Canada? There many waiting to attend interview who got H1B approved last year. You dont need stamping. From April 1 your status will be H1. First Do i have any problem in visa stamping? Check the Processing Time at USCIS page. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. It is really helpful for the candidates like me! Do I need to get a date from consulate to get H1B Stamping in India? 2. My employer says it could take upto 4 weeks. 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 have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. H1B to F1 Process and Timeline for Indians : r/h1b Is there a way I can reenter the States using my current F1 visa? If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. 2. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. It has already been 6 months since i received my approval. I got a situation Herr, I got my approval notice for H1B 2016. My opening is at location Y. I am planning to go to Stamping for location X and then file an amendment since I dont require to wait for the approval notice. Dose the h4 extension approval usually takes this long after the h1b is approved ? 2. Can I travel outside the US after H1B approval (change of status) but before Oct, . You should try to transfer before they withdraw. I had filled H1B first time and was approved in Ocotber 2016. 3. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? But before interview i will get my new H1B extension petition. Please correct your article. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. A: Status changes are handled by USCIS. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. also one of my friend lost his 221G how can we get the copy of 221G? A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. In 2004, the U.S. H-1B and O-1 Travel. If you have a pending extension petition . I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Applying H1: Apr1st 2016, Which one is the better option? Even if my H1B COS is approved either before they travel or while they are travelling in June/July? Please answer this question I have H1-B petititon approved in 10th October 2010. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). http://www.happyschools.com/ask-an-attorney/. 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. yes , responded to RFE in NOV 2015 . Could you please tell me the process how you got the H1B.I am also looking for one. If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. 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. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? Should amendment be filed before Oct 1?? No I9 and I94 are different. Yes, you can use the 1 year validity passport to go for visa. Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. Company B is filing H1b for me. Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. Ganesh Thanks for highlighting it out. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . Hi , Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. I still did not receive my I had not scheduled my visa interview, and I didnt join that company. Please suggest. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. The original I-797 approval notice. Need to go for stamping to activate my visa. 1. Hi Raghu, I need to go outside US for visa stamping in order to start working and return back with COS. Also, please suggest if people are getting their H1B approved? I am currently living in USA and working as a full-time employee with the same employer for 2years. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. Thanks. Im in H1B Status now and planning to transfer to new employer. I have applied for SSN in near by office. Currently i am staying in Kuwait for some project work. Location change is from my employers location A to location B. I have to make lot of assumptions since you have not mentioned your current status:- My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. 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. 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 ?? My applied for H1B through my current employer. I have applied for premium H1 extendion this week. I think 6 years will start when H1B status is activated. 2. Or should I do the same my employer has asked me to do. Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. AVR to travel back to US with no H1B stamping and expired H4 stamping Only French Consulate can answer this question. I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? Not advisable . Total stay in US- Never been to US Can they apply before October 1? I am bit worried on this status, can you please help me to understand this status. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Hi !! Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Let me know what does my status mean . I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Thanks for the detailed reply. This analysis was provided by the USCIS in the form of letter guidance. 3)if i go late for the stamping is it a problem?? My attoryney applied for an amendment on June 2nd. H-1B Change of Status - Immihelp 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. Thanks in advance! Lets say if my application picked up in lottery and Ill get result in May/June. The end date indicated on the I-94 is your status expiration date. Or should I choose the drop box option after I get my initial H1 stamped. Why are you giving incorrect info? Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. 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. 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? Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. Now I have a valid petition and stamped Visa both valid till Jan-2023. I am on OPT right now till June 2011. Hi Raghu, ** Note that the name on your passport must match the name on your I-797 approval notice. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog Thanks !! Meanwhile he was unable to attend residency and makeup session class in his last semester. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. or is that an approval notice? Current Location India NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. I am on F1-OPT, and my H1 gets valid from Oct. 1. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. What are the options available for me to go for stamping for change of visa status? If you do premium processing, then you can get approval in May/June. Will my extension application be cancelled and do I need to apply again? Please contact our office if you would like to initiate a permanent residence application. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). 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? You need to apply via lottery. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. P.S: also my husband will join me in the US. Your Later in 2010 I come to US on L1B visa. @Fanny We don't provide legal help. 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. Mine got approved on 12 Nov, Still waiting for 797. if so, what should I do for a month? Or, are there still any possibilities to be rejected? If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. 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. Please help addressing tis issue. But I havent taken ay next step considering the COVID situation. But, do you want to wait around to get into H1B under this current scenario? 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? But I have left from the company which applied my H1B. Here I got some confusions.. 1. The USCIS responded that the travel does not change the equation. RFE is answered and I am waiting for the reply. Post the question to Attorney Murali via Ask an Attorney. Hi, If would get the degree. But, if you get denied, Im the one to blame. His wife came on h4, now got h1b through lottery. My H1B receipt received on April. Currently I am in my home country. Mine is a tricky situation. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . can i take got visa stamping with that case ? Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. He just received a mail from university that his sevis is terminated and out of status now. My question: Is there any problem in entering to USA as I am going after one year of approval? It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. So I think I lost my visa status. You cancheck visa-waiting times here, and you cancheck consular procedures here. My questions are: 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 had not scheduled my visa interview, and I didnt join that company. 3) However I left my employer who had filed my petition in February 2012 to join a new company Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. I was on F1 and recently changed from F1 to HIB. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. Please suggest. The DOB is in the new I-94 which is at the bottom of the I-797 document. If I can return on F1 visa what is the last date I can enter with F1 visa? Before the start date of the job or after a while the job was started? When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? L1 to H1 with CP. What are all the details/documents required for scheduling the interview? You can consult one from our team https://askanattorney.happyschools.com/. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. But which document i needed to get stamp by next employer. 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. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Yes you can but you need the approval notice. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. 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? My parents are coming to US for a visit. 3. How do I make this appointment, and with whom? You can do premium for faster approval. I am in US on F1 visa now. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. Without any paystamps with employer Y. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. If I go for stamping in India for H4b will I have any problem ? This option is explained here for the benefit of MurthyDotCom readers. Thanks for this information. My start date was March 5th. 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. As I was with F1 status and it will finish from Sept, during one month I dont have no status. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. So he could start working again at least until April 2020. I would like hear about your experiences or your advises on H1B visa stamping in Canada. Then link the new DS160 to appointment confirmation (via travel docs). But employer says that he has not yet received the 797. Kindly reply. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. After approval of my petition, how long can i wait for change of status or getting stamped ? Updating the address in USCIS website is sufficient or anything else is required? 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. 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. 4. Looks like you have figured out the best path and as you said, theres no ideal option. I got my initial H1B Approved From OCT 2019 to Jan 2020. Please let me know. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. I got a new project with a start date Jan 2nd 2019. Its a direct client. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. I did not get my master's degree yet and luckly i got my OPT started lasy year. I m doing Msc biotechnology. Now, I am wondering if I am unable to get the above position. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Is there any consequences in the case? If your H-1B visa stamp is valid on your reentry date, you may use it for admission. 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. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). pls suggest your valuable guidance. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. While your H1B change of status is pending, you are free to travel outside of the United States. 2. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. I might have to go to India in December. I think your employer can extend H1B petition up to 6 months before. Quick question- I received the COS from L1B to H1B two days back. Please advise. Start with your employer, employers attorney, if no you can ask via email. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. Im in the very same situation as you were in. We have applied for the extension and we have got the receipt. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. 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? If you are interested in reaching out to us, please click here: P (413) 584-3232 You need to ask an Attorney. My friends are telling like she should give some 221G atleast if she needs to hold approval. Now my question is after approval how long i can wait to fetch my first job? Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. A travel letter template for your employer to complete before you travel can be foundhere. Can some one help me to find what is the ideal solution? Will it pose a problem while getting the visa stamped? This is because the last action regarding the foreign nationals status governs. 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? Instead of checking Change of Status, they indicated that I am outside US. You can transfer your H1 to new employer and they have to send the required documents. You can start working only after the start date on I797 approval notice for new H1 petitions. After 30 days, it will have to be done through an extension with USCIS. Please let me know, Hi Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? I am currently working with a Client A on contract for a year. Should I have to appear again for visa count ? A copy of you VAC-stamped DS-160 confirmation page. Your Attorney should give the list of documents. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. Will it create problems during H1b stamping in India during interview ? If travel is required, advance planning and early visa application are critical. Ask your employers attorney My H1B was on RFE. or can I travel after my acceptance of H1B. I currently live in the US. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? You don't have any gap. OR Now my employer is saying that they want me to start from Jan 1 2012. Talk to your Employers attorney. Second, submit a change of status application. 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. I have an H4 visa and live in USA. I think you have to wait for the notice to reach your employer. In Mar 2019, my employer had filed an amendment for change of location. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. In the past, this was an option, but currently, only visa renewals can be done in Mexico. 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 ? an assumption, I have authorized CPT and went to India on vacation. Can I go for H1b visa stamping this year with the petition approved documents? Appreciate any help on this to get the SSN ASAP for her to . Theres no way to update a DS-160 once submitted. My attorney recommended that I should not travel to India until next summer. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. After that, I changed Employer without stamping. 1. 5. Is my petition still valid and can be considered for cap exemption.? I would list where you are working right now as current employment. USCIS Update - FY 2024 H-1B Visa Lottery Registration Now Open! | H1B Hi, The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. If your visa application is approved it will be processed and mailed/available within 2 business days. 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 What should i do. I have a weird situation. My employer resubmitted documents and USCIS received it within the RFE response date. I am in USA on H4 visa. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. I am applying for H1B COS on 01-APR-2017. In the meantime, my spouse got a Full Time offer with Company B. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. i read from various web sites saying generally people go to either MEXICO or CANADA. 2. It is our pleasure to assist you in this matter. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? I am a Canadian who has been working in the US with TN visas in the past. So its a negative in my case and ill be counted in cap? 3. Can I travel to home country and return without getting my H1b stamp? Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. 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. Myself Bhanu. 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? Current Status H1B Approved The I-94 reflecting the change of status is attached to the approval notice. Any problems with it? Its would take less than 30 minutes to get a new DS160. 1. You cannotify USCIS of any change of address online. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. There are two steps involved in changing visa status from H-1B to F-1. My H1 transfer is approved by employer B (new employer) and I received an approval notice. My H1 is starting from Jan 01, 2011. The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. 3. what happens if i leave US before october and couldn come on time. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. did your employer provided you a copy of h1b petition application to you? Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. Can you please tell me what is the percentages of cases still approval pending with USCIS. Kindly help to understand what are my options in such a case. Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. Customs and Border Protection (CBP) has implemented an electronic I-94 system. Is it mandatory to get the H1B VISA Stamping after the H1B is approved.
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