If you continue working, you run the . As you said, many of us are still awaiting the H1B approval. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. I can return back to work to the same employer or different employer after few months. Stamping is not required unless you leave the country and enter again. Is that petition is valid now ? A copy of your visa stamping appointment letter. The approval notice shows same i94 number as h4 when she entered the US. Case 1: Will there be chance for getting stamped if I attend the interview late? you have to provide EAC NO SOME IS VERY HELP FULL. Could you tell me what happened to you case? The H1B petition is approved on July 1st. reagards Any help will be really appretiated.Thank you all. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. I am currently on L1B visa in USA. I have to go for stamping in Chennai. I94 is generally used for your entry and exit in US. I have sent them my approval notice also. My start date was March 5th. H-4 visa holders who have extended or changed status in the U.S. and who have been issued an I-797 Approval Notice in their own name should travel with the . Then link the new DS160 to appointment confirmation (via travel docs). Please do not make plans to travel outside of the U.S. without contacting our office first. My i129 petition has been approved without change of status from h4 to h1b. 3) However I left my employer who had filed my petition in February 2012 to join a new company I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog And petition validity is till October 2013. Only French Consulate can answer this question. Even for my wife the DOB is wroing in the I-797. Also after receiving my I797 notice, can I go and apply for SSN? I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. This means I will not be able to transfer it to a new employer. 2. I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. Your article mentions that we can reenter the US only after October 1st. Can I travel outside the US after H1B approval (change of status) but Do I have to await the approval notice before joining the work force? document posted to employer and I am a resident of UAE and Indian Citizen, Should My status got changed from H4 to H1. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. I am on totally confused stage. Iffurther information is needed you will be contacted. I wont have time to get my visa changed over to H1B during this trip. I am scheduled for a business trip from Sep 27th to Oct. 6. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. My H1B has been approved and i am staying in india. 1. It has already been 6 months since i received my approval. They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4. It is really helpful for the candidates like me! 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). If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? Ask it via Ask an Attorney ( through this blog ) Please help. 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. Form I-9 after H1B approval : r/h1b - reddit.com I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. Also, i have a b1 from the present company. Can you please tell me what is the percentages of cases still approval pending with USCIS. 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. Hey RFE and travel puts you in tough spot. I have the same doubt. are there any issues? to transfer you need the approval and EAC #. Please help me guys, I am totally confused on this. I have applied for premium H1 extendion this week. I94 validity and with what Visa Type 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? If your stamp is valid, you can reenter US with that, you dont have to get stamping again. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. I got my H1B COS from F1. How long does it take to recived the hard copys to my petitioner? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. You will be fine. 1. Your visa stamp will reflect the I-797 validity. I am getting my H1-B start date as 1st Dec 2010. Ask the consulate. Thanks. Thanks for this information. also one of my friend lost his 221G how can we get the copy of 221G? What will the case status online if COS is denied and H1b is approved ? Many consulates use an online appointment system for visa applicants. Stamping before OPT expires Visit this page frequently to know the latest updates. After going there i would like to change my status to H1B from F2. how soon and in what way I can travel to the USA ASAP. 1. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? I dont know the answer. Can Someone please help? So its always best to check with a consulate first before booking for visa interview date. 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. There many waiting to attend interview who got H1B approved last year. F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. Whether my H1B will be denied etc? http://www.happyschools.com/ask-an-attorney/. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. So what shall we do ? Thanks. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. I am a little confused as to when to have my visa stamped. can you tell me do i need to pay the complete fee or no. How do I make this appointment, and with whom? My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. Nationality- Indian The end date indicated on the I-94 is your status expiration date. My H1b got approved for Fiscal year 2015 on 5th Dec,2015. Am I considered out of status ? If you had approvals in the past 6 years, then you dont count in the lottery. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. I am working for company A on L1B. Please review this material carefully. Now I can utilize the same Petition number to other Employer. I would list where you are working right now as current employment. 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. Please also be sure to email us a copy of the I-94 printout for your file. Unfortunately, there is no empty pages left on my passport. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. Ive 4 years work exp. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? I came to US in 2006 for my Master's. 1)My H1-B was filed using I129 in November, 2011. I went to PAI on 11/18. 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 But i have not received hard copy of documents. Can I travel outside US now ? If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. 2.What are the options to get a valid I-94, without going back to my home country for stamping? My extension of H1B i129 was approved last week and I am living within US now. Will my extension application be cancelled and do I need to apply again? If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. Your email address will not be published. Now my employer is saying that they want me to start from Jan 1 2012. (or) Am I suppose to have October pay-stub i..e on H1 status. Accurate I-94 records control your lawful status: they are very important. 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. You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. I know so many who got benefits from the second degree (completing it). H1B Transfer & Change of Employer - Full Guide (2023) My H1B visa is showing approved now. Thanks Raghu. 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. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. Can you tell me when can they apply for H4? Im not sure. H1B Change of Status vs Consular Processing. Pros & Cons [2022] - RedBus2US Nevertheless we would like to stay and work in the US. i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? Later, you may jump ahead to certain sections. I will answer them in a video. A copy of your DS-160 receipt. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Till what period my attorney/employer would receive the i797 approval Mail notice. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. thank you. 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. or can I go to any country to get H1-B stamping ? https://askanattorney.happyschools.com/. I got my H1B approved through Consular notification. Did you transfer your H1B to your current client without working with Employer Y? My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? So, I think you cant go back. But I havent taken ay next step considering the COVID situation. I moved to new the address now (Different State). Hi Raghu My case is similar to Abhisheks case. Please advise. 1) You need to enter petition no in ur wifes DS160 . In 2018 November I had to leave US and (the organization where I was working) because of a family Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Unfortunately the communication with the US embassy here is very complicated. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. I did my Masters from US. I want to share my question to you hope I will get the answer. But, you would need a valid US visa (other than H1B) to re-enter the USA. My current employer Dell India wants to me to work for them in Austin. My situation is similar to yours. Required fields are marked *. Thanks. I have my new passport with me. My spouse live outside of US. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. Hi, Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? Same steps as applying for new Visa. I am very new to this blog. My H1 is approved as consular processing for FY2017. But my Visa Petition status is showing active and approved. A travel letter template for your employer to complete before you travel can be foundhere. Is the H-1 Visa STAMP required to start the process for Green Card? is this usual? My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. I have checked my status online and it says , we denied your i129 and mailed you the decision . Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Thanks for your response. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. I was thinking of traveling to India to get the stamping in the month of November. It will say Post-Decision Activity. or It was just a coincidence and my petition was approved on the same day using normal processing ? She came to US in H4 Visa in 2009. In the question posed, the petition and the change of status had been approved before the person departed the U.S. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. Hi Raghu, What all documents are required for the stamping? If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. This year if I want to go for a job or higher studies in US. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). If I go for stamping in India for H4b will I have any problem ? I am currently in India, I got my H1B Picked and yet to be approved. I believe there are some options, but all of them are not ideal. You can transfer your H1 to new employer and they have to send the required documents. as supporting documents, if asked. as i will be traveling to my home country that time. 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)? If my employer file for extension with the start date Jan 2nd 2019. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Documents related to your H-1B petition. 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. Thank you for the answers, Rao and Raghuram! Your employers attorney should have given you these details. You don't have any gap. I am on OPT right now till June 2011. Till when can I continue my job on L2-EAD? 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 ?? I am currently on OPT with H1 Approved status starting from Oct 1, 2016. Got the recpiept on amendment but havent heard anything from USCIS. You are right. I was planning to travel to India once my case gets approved. Some changes may require an amended H-1B petition. You should consult an attorney to see what options you have. Is this a right thing to do ? You should review all of this information after each H-1B approval. Could you kindly please provide me some guidance on below question? Once I check that my H1B is approved on the internet, can I start to work right away? Second How tough to get H4 Visa? H1B from withon previous 6 years will not count under Cap. If you could pls help answer my below question : L1 to H1 with CP. No you cant. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. My H1B has been approved and I am currently in USA. I have valid H1b petition until 2014. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Currently I am getting interview date of March 5th. One of my friend has the same issue now. If would get the degree. I got my H1B stamping done last year in Sep 2009. 2. 1. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. 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. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? You dont need stamping. I must have to visit India from Dec2 -Dec28. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). 2> If I join a different employer after 6 months. What are the chances for legal action and getting the money back? Will I have to go for stamping to stay in the country? (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. USCIS Update - FY 2024 H-1B Visa Lottery Registration Now Open! | H1B If you have a pending extension petition . 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? I got selected to start a 3 years residency program at a major US university. Please let me know if this is advisable and if not what are the consequences. If travel is required, advance planning and early visa application are critical. my status showing as below. They are going to apply for h4. Is there any dependency of result of one amendment on the other. On April,15 a Company A filled my H1 work visa. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). 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 OPT should be still valid Is there any risk involved in it? Is it mandate to get the stamping done and travel to US during the validity period. Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. Check with your attorney or https://askanattorney.happyschools.com/. Hello, 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. Same company, same role. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. I will started working with new employer next month . 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. AVR to travel back to US with no H1B stamping and expired H4 stamping Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? 1)Do you think my visa can get transferred to company B?? As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". My questions are: USCIS now provides a copy of the I-129 petition directly to US consulates. And now his petition is getting expired in july 2011. You dont necessarily have to start working on the start date. They would have to file COS from H4 to H1 ( and they can do in Premium). And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. Can I try for H1B transfer from here in India itself? Can i still get my H1B stamped? When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. I am on F1-OPT, and my H1 gets valid from Oct. 1. If so, how long does it take to receive the hard copy of approval after the decision is made? 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. 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 I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. My H1B lottery is picked up this year. So, you can start working immediately. No. H1B Transition Issues: International Travel - Murthy I got my h1b petition approved filed by my previous employer couple of days back. 5. I got F1 Approval in June. Is there a final date where I would need to take on my H1B visa? Hi !! 3. Will my current H1-B application get rejected because i dont have these details? Is it dangerous? Thank you. Current Location India 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? 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. After your H1B Visa is approved, you have to follow the path back from USCIS. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. I have my visa stamped this September and I want to travel in the month of March. I might have to go to India in December. 08 Aug 2022 In 2004, the U.S. 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. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. You have to understand the concept of H1B Visa and Change of Status. Is there a way to track the status? I have H1-B petititon approved in 10th October 2010.
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