We recommend obtaining a new passport with given and surnames if possible. 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. I found your video really helpful to understand the process. 1. 2. Only your employer can help you with this case. Please advise. Can I transfer my H1B without working with employer Y before October. 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. Some changes may require an amended H-1B petition. Can I travel outside the US after H1B approval (change of status) but Please let me know, Hi 3)if i go late for the stamping is it a problem?? Location change is from my employers location A to location B. 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? I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. My H1 b petition is approved 2008 June , I didnt went for stamping . Now My employer requested me to come to USA. My H1B has been approved and I am currently in USA. Is there any consequences in the case? Did you get the answer of yr question? You need to apply via lottery. My H1B has been applied from an MNC and it got approved. So he could start working again at least until April 2020. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. how soon and in what way I can travel to the USA ASAP. https://askanattorney.happyschools.com/, Hi , We got new client new location so filed amendment. I think your employer can extend H1B petition up to 6 months before. Thanks a lot for the response, Raghuram. 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. I have two queries in regard to stamping. You can do premium for faster approval. Also, I am planning to apply for h1b for next year. Could you please provide the procedure in this case. Since i am going in Dec 06, 2010 to Dec 19,2010. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. 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? Living within US without COS? You can start from here https://askanattorney.happyschools.com/ If i go what will be the problem to my H1B? Education No US Degree (Graduation and Post Graduation from Indian University) what exactly this security check and how many days it will take. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). 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). After your H1B Visa is approved, you have to follow the path back from USCIS. H1B will have a start date, so you can enter upto 10 days before the start date. 6. Start with your employer, employers attorney, if no you can ask via email. I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. We are planning to upgrade it to PREMIUM . How do keep it active? It seems in either of the two cases I have to attend the visa interview in the home country. can i re-enter USA on my F1 visa without any issues in port of entry?. After approval of my petition, how long can i wait for change of status or getting stamped ? Should I cancel my H1B ? Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me Ive never done any studies here in US/Canada and Im from India. How far is this info correct? In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. My employer files an H1B cap-subject petition for an F-1 student on April 1st. Can it be fixed before that date ? Not its not valid. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. 2. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Sumit, if you want faster processing, then convert to Premium. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. I entered US 14 days prior to the start date mentioned on my i797. 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 had not scheduled my visa interview, and I didnt join that company. thanks H1B from withon previous 6 years will not count under Cap. chessmojo 1 yr. ago. I am in US and my status is F2. So, I think you cant go back. The increase in enrollment is due to the removal of travel restrictions . I hope you will be able to help me. Can I have my first H1B visa stamped in Canada? PDF Instructions for LS intl f-s in H1B in US - middlebury.edu I must have to visit India from Dec2 -Dec28. 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? Such guidance does not carry the binding force of law or regulation. Help (The LCA received is having the old address). 2) I dont have pay slips as I never joined company A. and stamping. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. Your H-1B photograph. There will be a visa fee of at least $190 for each machine-readable visa issued. 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 will started working with new employer next month . I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Opt Expiration date : December, 2012 * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. USCIS Update - FY 2024 H-1B Visa Lottery Registration Now Open! | H1B Will it pose a problem while getting the visa stamped? 6. 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. Is there any other way to expedite the process or get information from USCIS. A copy of you VAC-stamped DS-160 confirmation page. This analysis was provided by the USCIS in the form of letter guidance. Can you please help me in understanding what should I do? Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. I have an active L2 EAD and I am working at the moment. i have new employer and will file h1b cap counted next week. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. But my client job can be terminated before visiting India by Oct10,2016. H1B to F1 Process and Timeline for Indians : r/h1b 2. Travel, whether for personal or professional reasons, can be an exciting . So what shall we do ? Check the Processing Time, usually, H1B and H4 gets approved at the same time. Can you please tell me whether we can go to stamping with this ammendment details. That will answer all your questions . I have an H4 visa and live in USA. Is there a final date where I would need to take on my H1B visa? Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Current Location India *You do not need to present your original I-797 approval notice at your visa interview. If your application for H1B transfer is approved, you can continue with your job. H-1B Change of Status - Immihelp My H1 got approved in August. Hello Everyone. I have removed parts of your comments. Now in ds160 I have filled new passport details. 1. 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. He just received a mail from university that his sevis is terminated and out of status now. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. What you need to do after your H-1B visa is approved 1) I had received RFE. Waited for i-129 approval but dont want to waste the chance of F1 visa. Before you may visit the United States on an H1B visa, you must get a physical copy of your approved H1B's i797 and apply for an H1B visa at a . So when my transferred petition approves i would be having only 4months from the visa expiry . Approved H-1B Visa Petition with Change of Status. When can I start working for the employer? I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. or is that an approval notice? 3. But i have not received hard copy of documents. But I havent taken ay next step considering the COVID situation. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. Is her H1B approved on Oct 2008 is till valid ? If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? But now I got an offer from company B. I want to join company B instead of A. After 30 days, it will have to be done through an extension with USCIS. All Rights Reserved. If I can return on F1 visa what is the last date I can enter with F1 visa? Will there be any issue with that on stamping. If travel is required, advance planning and early visa application are critical. Quick question- I received the COS from L1B to H1B two days back. My OPT is valid until October 12th. Do I have to await the approval notice before joining the work force? because i can extend my visa when i am US only. Total stay in US- Never been to US I was working on h1b visa in usa from 1-2 years for same client. list of documents required for H1B Stamping. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) Ive 4 years work exp. My H1b approval is expired last month. Will my visa become invalid or will it still be valid after few months? Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? I have not spent a single day of H1B employment with my petitioning employer. Ive tried the CDN immigration website. 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. Hi now I am on opt ead and my husband is on f2 status. Or should I choose the drop box option after I get my initial H1 stamped. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. But which document i needed to get stamp by next employer. I just got my H1B approved. Same company, same role. I'm Indian, rightnow doing job in Singapore. I travelled India when he was on H1 status and I do have visa stamping till March 2019. Hi, 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. Second, submit a change of status application. please let me know how many days before the expiry date i have to reach US. You need to find new employer. Else, it can take months and theres not time limit. I have both passports with me. My H1B lottery is picked up this year. Please let me know on this. Travelling outside US when H1 B is under process is that a problem? Any people in my situation and got information regarding this,help please. In the question posed, the petition and the change of status had been approved before the person departed the U.S. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Talk to an attorney https://askanattorney.happyschools.com/. Could you please tell me how much time it will take to receive the Approved petition. I need to go outside US for visa stamping in order to start working and return back with COS. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. 8. But my Visa Petition status is showing active and approved. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. You can transfer your H1 to new employer and they have to send the required documents. Otherwise, the issuance of your visa may be delayed. Please help addressing tis issue. Hello 1. Is it possible to transfer it to my new employer. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. 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. My petitioner has sent me WO agreement between petitioner and client for whom I will work. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. Current Status H1B Approved I think I can work as consultant initially and transfer H1B. My visa stamping is done on May 2012 in Hyderabad . What is the consequences of never stamping or late stamping ? Will I have to go for stamping to stay in the country? Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). You should consult your employers attorney . But I never travelled on this VISA. My start date mentioned in the petition was Nov 1. Your employers attorney should have given you these details. I have the same doubt. My friend has a situation where any of your suggestion would do a great help. You have to be worried only if are doing anything wrong. My H1 got approved this oct6 from California center. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. I got my stamping done in Jan 2019. So can I continue working on my L1B visa till will get new project from this third party consultancy ? 1. My attoryney applied for an amendment on June 2nd. In order to apply for change of status, the applicant must still be in a valid status. I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. So its always best to check with a consulate first before booking for visa interview date. 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. 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 ? I cant advice on questions affecting your legal stay in USA. in the US, Im in the same location and same client. You should have the Approval Notice with you. Email info@cbkimmigration.com Your Attorney should give the list of documents. Can you please tell me what shud I do to correct that ?? This option is explained here for the benefit of MurthyDotCom readers. Is it ok to wait for more than 3 momths after my H1 approval? My friend is going to graduate with MS in the 1st week of may 2013 (next month). You need to ask an Attorney. 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. interesting how to apply for dutch passport ? You will fill DS-160 as if you are going to attend an interview with Company A. Hello Raghu, Can i approach a different employer with same petition number to proceed with my H1B stamping. Please let me know if this is advisable and if not what are the consequences. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. 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. I feel really frustrated by all this bureaucracy. 9. I am already in the US. Your employer will provide you the I9 form to fill for them and it's only after your joining! But due to some issues I am not traveling and will be travelling in 2021. Both of our visas got expired as of sep30. 2. 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. In this scenario do I need to go to home country for H1B visa stamping? I feel this might be becoz of the COS as i was not there in US while applying the petition . Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Published research and other works that are in the public domain should be included in the resume. 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? What should i do. Hey Please schedule a 15 minutes call. The H1B petition is approved on October 27th. Thanks for the great information. Plus, check to make sure your H1 is not withdrawn. Please answer this question But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). You get the original in 2-3 working days. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Or go with the existing Ds-160 and show them the approval notice when questioned. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. I have plan to visit india march . My DS 160 form status too in Administrative processing, can you please help me what should I do now? Is the H-1 Visa STAMP required to start the process for Green Card? 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. If yes, I need to get updated project/client related documents from the employer who filled. 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? Our company doesnt support E-2 Visas anymore. My start date was March 5th. 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. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. 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. I just wanted to play safe and avoid going for stamping in this trip. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. if so, what should I do for a month? You should ask the same questions to an Immigration Attorney. I got a situation Herr, I got my approval notice for H1B 2016. Congrats on H1B approval. How long does it take to recived the hard copys to my petitioner? The H1B visa transfer process is as follows: 1. document posted to employer and I am a resident of UAE and Indian Citizen, Should But during H1-B stamping what should i defend, if questioned about this? whether can I come back to US? Kindly help to understand what are my options in such a case. H1b extension is taking about 5 months for regular processing. H1B Transition Issues: International Travel - Murthy caroline. but what will happen at the time of stamping.? Would i have to explain why there is a gap between my approval and commencement of work? or can I go to any country to get H1-B stamping ? Extension of Post Completion Optional Practical Training (OPT - USCIS I am Ram. 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. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. I think you have to wait for the notice to reach your employer. It will be bumpy ride. 2. are there any issues? It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do yes , responded to RFE in NOV 2015 . I am in the middle of finishing my last semester of school. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. Am I considered out of status ? Ganesh Thanks for highlighting it out. 4. 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. ( was on H4 earlier). Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. You cancheck visa-waiting times here, and you cancheck consular procedures here. Ask the consulate. I've received all H1B related documents from my employer. You can confirm the same question via Ask an attorney. Do we need to visit counsellte again for stamping? 1. Hello, Hi Raghu, 7. and my last day in the organization was 11/16/2018. You have 3 options. 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). For some personal reason, I am quitting my job with present employer( who filed my h1b). Thanks. Is there any company who can do H1 B visa can just reply me. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). I am on totally confused stage. What documents should i carry in both situations(processing time and after acceptance of H1B). Your attorney can ask for replacement copy of Approval Notice. currently embassy is not operation for normal window due to COVID I had started working with my new employer after I had received the petition filing receipt. I got my H1B application approved and also done with the stamping on may 2012 . I am on OPT right now till June 2011. Your visa stamp will reflect the I-797 validity. You dont need stamping. 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 ? or Am i eligible for CAP-GAP automatically? Hi, my OPT extension is valid until June 2018. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. Does it help for any cap exempt? 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. 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. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. A reciprocity fee may also be required. Can we come back on L1 visa. did your employer provided you a copy of h1b petition application to you? You can also request a "Travel Letter" from our office. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. H1B Approval notice sent to employer. If it was a coincidence then my petition was approved using normal processing and I should get my money back. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? Any help would be appreciated in clarifying the following questions. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. Hey You will need to submit new ds-160 to update the employer. after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 Thanks -Padraig. Has any one got H1-B petition approval notice ? ( OR) is this usual? https://premium.happyschools.com/course/consulting/, Hi Raghu,
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