It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. Current Status Visa type I have the same concern being in the same situcation as Shilpi mentioned The H1B petition is approved on October 27th. if yes then how. and my last day in the organization was 11/16/2018. My employer specifically mentioned that they will revoke my petition on or before 30th September. My current project is ending on Dec 28th 2018. RFE is answered and I am waiting for the reply. Refer to comments policy. Now my question is can I change my employer in May/June immediately after getting approval ? What documents should i carry in both situations(processing time and after acceptance of H1B). Please help me by providing answers to these questions. H-1B Travel - National Institutes of Health But I am considering the former option. After approval of my petition, how long can i wait for change of status or getting stamped ? My H1B lottery is picked up this year. Will the H1B come in effect from 10/01/2017 ? Heres my opinion: You need an H1B stamp to enter as H1B status. I am sorry if my above assumptions do not fulfil your case. 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. Am I considered out of status ? One of my friend has the same issue now. I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? Not advisable . 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. Do I also have to inform my University of the COS? if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? H4 to H1B Visa: How to Apply for a Change of Status - Stilt Blog Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. You can do the math from there. What are all the details/documents required for scheduling the interview? Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? Can I get to continue to work with my current visa status (L1, L2 or OPT)? I have my H1B visa approved. 1. If yes, I need to get updated project/client related documents from the employer who filled. Hi Raghu, Could it harm my visa to do so? Thanks. 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. After visa is approved, you should get the passport within 3 to 4 days. My petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. My employer has filed for H1B amendment for new location. 1. It is our pleasure to assist you in this matter. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. 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. Could I have issues at the port of entry airport because of the H1-B pending? So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? Email info@cbkimmigration.com Also, please suggest if people are getting their H1B approved? 2. I will started working with new employer next month . Thank you. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? I have responded to an RFE and am awaiting the final approval, hopefully. 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. Yes, you can use the 1 year validity passport to go for visa. Any people in my situation and got information regarding this,help please. Approved H-1B Visa Petition with Change of Status. I got my H1B approved for the year 2012. or will it be a new h1b and i will be placed in lottery? Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. Later in 2010 I come to US on L1B visa. Only French Consulate can answer this question. Is her H1B approved on Oct 2008 is till valid ? Please suggest. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. This means I will not be able to transfer it to a new employer. 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 just graduated with Bachelors in Computer Engineering from a US university this august. I am currently in Singapore. I am currently working as a full time employee Programmer analyst in e-verified company. So they requested a data fix to SEVP to fix my SEVIS record. Will it create problems during H1b stamping in India during interview ? I am afraid of expiry date, what will be best solution for it . is there any way i can contact USCIS and get to know more about this ? 4. No I9 and I94 are different. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt You need to apply via lottery. It will be bumpy ride. I entered US 14 days prior to the start date mentioned on my i797. I have valid H1b petition until 2014. My H1B status is approved . Dont try to save on FICA taxes . When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. I am working for company A on L1B. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. During this period, prospective petitioners and representatives can complete and submit . 2. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. Can I transfer my H1B without working with employer Y before October. can i take got visa stamping with that case ? Could you please tell me how much time it will take to receive the Approved petition. Thanks for the detailed reply. First, you must be present in the U.S. at the time your employer files your extension petition. Another option is to renew my passport and submit application that way. Id have a question. Since i am going in Dec 06, 2010 to Dec 19,2010. 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. 2. 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. 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. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. After coming to US i changed my status to F1 in June 2011. Help I have a valid F1 visa till 2021. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. i got my first H1B approve in Oct 2009. Travel, whether for personal or professional reasons, can be an exciting . If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. It got approved on 12/06/2016. 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? Meanwhile he was unable to attend residency and makeup session class in his last semester. with the application itself. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments Now I can utilize the same Petition number to other Employer. My H1B has been applied from an MNC and it got approved. But, exactly how much is that?. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. Thanks!! I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Can you please tell me what shud I do to correct that ?? In USCIS site, my case status was changed to approved on July 16, 2015. 2. I feel really frustrated by all this bureaucracy. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. 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). E2 EAD maybe better then H4 EAD. 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. I got a situation Herr, I got my approval notice for H1B 2016. Or, do I need to wait until I receive the hard copy of approval from USCIS? So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. What should I do now ? PDF Instructions for LS intl f-s in H1B in US - middlebury.edu I have my new passport with me. 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 But company x filed my petition when I was in place A and two months it moved me back to place B. Please share your case. Thanks. Else, it can take months and theres not time limit. Will my visa become invalid or will it still be valid after few months? Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? or is that an approval notice? 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 ** Note that the name on your passport must match the name on your I-797 approval notice. Sorry, They gave Master service agreement and PO copy between them and client. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. H-1B Change of Status - Immihelp Please suggest. Traveling While Awaiting an H-1B Extension. 1. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. Hi, Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? or reasonably safe to do so ? 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. hi Raghu Your visa stamp will reflect the I-797 validity. towards the end of 6th year. Please advise. 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. 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. Checking the feasibility of changing employer You can start from here https://askanattorney.happyschools.com/ The DOB is in the new I-94 which is at the bottom of the I-797 document. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? You will be fine. #2 Change of Status DENIED Check the Processing Time at USCIS page. I found your video really helpful to understand the process. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Is client letter mandatory while attending H1B visa stamping. Kindly reply. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. My H1B has been approved and I am currently in USA. How long does it take to recived the hard copys to my petitioner? You can transfer your H1 to new employer and they have to send the required documents. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). Ask your employers attorney Is there any special rule for this type of scenario? I did not get my master's degree yet and luckly i got my OPT started lasy year. If not what should I do ? Please contact our office if you would like to initiate a permanent residence application. will be it be better to go for visa stamping before or after october 1st 2009? 3. wat would be the best option for me to travel to India in this situation. You dont need stamping. That will answer all your questions . My first trip to Canada will be August 2011. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. I can return back to work to the same employer or different employer after few months. Im yet to get the mail . 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. Only your employer can help you with this case. This includes changes in work location, salary, and job duties. Work for Company A generate at least 2 pay stubs and then do the transfer? Or should I do the same my employer has asked me to do. However, we cannot predict if you will face any issues unless we have more information about your specific case. I got my petition approved till September 2017. Do I need to go for stamping again after his H1 gets approved with new employer? So can I continue working on my L1B visa till will get new project from this third party consultancy ? Is it possible to transfer my H1B without any issues? Currently I am getting interview date of March 5th. Published research and other works that are in the public domain should be included in the resume. Please do not make plans to travel outside of the U.S. without contacting our office first. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. 1. After H1B Visa Approval Notice Sent My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. I must have to visit India from Dec2 -Dec28. Try again few days. Should I have to appear again for visa count ? I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Hi, He just received a mail from university that his sevis is terminated and out of status now. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. It is really helpful for the candidates like me! 08 Aug 2022 In 2004, the U.S. Congrats on H1B approval. HI, My attoryney applied for an amendment on June 2nd. I have one more offer from company C, My question is Thanks. Are some people still awaiting their h1b visa approval? My current employer Dell India wants to me to work for them in Austin. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. 1) How Can I know that my Petition was approved using PP or normal processing Can i apply for the H1 B visa NOW?? My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. 3. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. 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. 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. In this she cannot travel and neither u can extend her i-94 based on ur new petition. as supporting documents, if asked. But my client job can be terminated before visiting India by Oct10,2016. Thanks. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? Now my ques is , I knw i can work on 1 h1b at a time. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) What are the time lines for this modification?? Please also be sure to email us a copy of the I-94 printout for your file. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. i will have to travel to india next month . Travel After Change-of-Status Approval with Future Start Date I am in India. Hire Us. I am currently working with a Client A on contract for a year. I started working since 6 months in pretty big company. I have two options below. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? OR How much time will it take? One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. Hi Rushi, Else when is the earliest to do that?? Visa processing times and questions can be stressful at times, thank you for replying to the queries. Is there any company who can do H1 B visa can just reply me. Unfortunately the communication with the US embassy here is very complicated. While your H1B change of status is pending, you are free to travel outside of the United States. My friends are telling like she should give some 221G atleast if she needs to hold approval. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. My H1B visa is showing approved now. 5. same office location but the new address of residence is in different county. 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. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. Let me know if you have seen this before. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? They applied for my H1B visa and I just got all the documents from them. 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. You will be required to upload a digital photograph. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? You should have the approval notice (I-797) form. I am bit worried on this status, can you please help me to understand this status. I am taking appointment for H1b Stamping and H4 visa for my wife. 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. 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)? I will NOT be travelling out of the country. 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. I d like to know How long is the approved petition valid for and when last can travel to US ? Your H-1B status is valid until the end validity date of your most recently issued I-94. 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). My i129 petition has been approved without change of status from h4 to h1b. This option is explained here for the benefit of MurthyDotCom readers. My next employer is ready to stamp. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: 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). I am in india right now. In this scenario do I need to go to home country for H1B visa stamping? *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . You dont have to wait until September or October to get Visa stamping for H1B. Thanks, (or) Am I suppose to have October pay-stub i..e on H1 status. I just wanted to know the risks in traveling to India now. How far is this info correct? 1. H-1B Specialty occupation Extension of stay in the U.S. Prior to this my OPT ended on 09/26/2016. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. I am in US and my status is F2. I want to transfer to new employer once i got my 797. I recently quit the company i was working for. Do I need to get a date from consulate to get H1B Stamping in India? I am Ram. because i can extend my visa when i am US only. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. 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 time period exceeds means from india i can Apply my H1B or not. I just wanted to play safe and avoid going for stamping in this trip. My H1 is approved for the FY2017. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. 6. 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). No. What happens to my H1 b status? Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. So its always best to check with a consulate first before booking for visa interview date. I want some time ( may be 1 week atleast ) to resign from present employer. Anyone know what is the procedure what we need to follow once we receive acknowledgement? For information and tips on filling outForm DS-160, please see this website. That office now has jurisdiction over your case. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). So, will my last year case have any impact on this year, as I didnt go last year. Its would take less than 30 minutes to get a new DS160. Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. You should consult an attorney about a status-related question. Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). You have to understand the concept of H1B Visa and Change of Status. 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. Please let me know what would be scenario. Now company forgot about my master's degree. 2) when can i go for the stamping?? 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?
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