Second, submit a change of status application. Would my H1B visa expire at some point if I do not adjust my status? 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). If you have the approval notice for H1B, then can apply for H4 now. Thanks. Do I need to leave the country ? But my Visa Petition status is showing active and approved. How to Apply for H1B from H4 Visa Status. My Green Card process may start early next year. I got my stamping done in Jan 2019. In 2018 November I had to leave US and (the organization where I was working) because of a family I had not scheduled my visa interview, and I didnt join that company. 3. wat would be the best option for me to travel to India in this situation. FAQ: International Travel During F-1 to H-1B Change of Status Hi Raghu, If I can return on F1 visa what is the last date I can enter with F1 visa? Documents related to your H-1B petition. 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. After going to India if i will not get stamping in India, check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. Please Help. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. 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. A copy of you VAC-stamped DS-160 confirmation page. Is it ok, if I stamp my visa first and then my wife and kid go later on. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. I got a situation Herr, I got my approval notice for H1B 2016. 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 have a valid F1 visa till 2021. But company x filed my petition when I was in place A and two months it moved me back to place B. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. So, I think you cant go back. I am Ram. Could you please tell me how much time it will take to receive the Approved petition. Should I go to my home country for H1-B visa stamping or it is too risky for me? 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? Im not sure. My case falls under h4>h1. H1b extension is taking about 5 months for regular processing. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Published research and other works that are in the public domain should be included in the resume. I am awaiting for documents from my employer. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. can I travel and come back without any problem? I94 is generally used for your entry and exit in US. Current Status H1B Approved Would it give problem to me ? Thanks Raghu. Please follow any instructions on the notice. I was on F1 and recently changed from F1 to HIB. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. My friend has a situation where any of your suggestion would do a great help. 2. After that, I changed Employer without stamping. Or, are there still any possibilities to be rejected? If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. My H1B(i797) Got approved on may 17th, 2016. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. H-1B Travel - National Institutes of Health I found your video really helpful to understand the process. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. I am in US on F1 visa now. This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. 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. 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. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. My H1B visa has been approved and I am waiting for my Stamping. Can this be done ? Thanks for the detailed reply. Or should I choose the drop box option after I get my initial H1 stamped. Currently I am in my post completion OPT. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Hi, Right now, I am on Post completion OPT and it ends on Feb 2021. or we are good to travel with updated LCA. My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. Not its not valid. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. You get the original in 2-3 working days. Can I go for H1b visa stamping this year with the petition approved documents? Ask it via Ask an Attorney ( through this blog ) Please let me know what should be done to correct my DOB??? Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. You can also request a "Travel Letter" from our office. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. or can I go to any country to get H1-B stamping ? Thanks -Padraig. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Are you able to transfer? 3. You should check if Transit Visa is required for Paris. Consult and attorney. If you have your H-1B approved, have to get the H1B stamp before entering America. Thank you for the answers, Rao and Raghuram! A DHS memorandum dated May 16, 2000 states that an alien in . I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Please suggest I am in huge confusion and tension. Now I have a tricky time my current client offering full time. You cannot choose which status you want to be maintaining. USCIS now provides a copy of the I-129 petition directly to US consulates. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. It is possible to go for stamping from other MNC/consultancy with this details? If H1 done vs CP, then you will stop working when you enter the US on H4. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. 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? Did you get the answer of yr question? I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. 2> If I join a different employer after 6 months. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? Can I have my first H1B visa stamped in Canada? Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. 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. There are some exceptions to this rule. Also, I am planning to apply for h1b for next year. My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). For how much time can I be on this visa without stamping? as i will be traveling to my home country that time. L1 to H1 with CP. Is there any other way to expedite the process or get information from USCIS. For ex. Ganesh Thanks for highlighting it out. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. Can some one help me to find what is the ideal solution? But, you would need a valid US visa (other than H1B) to re-enter the USA. Travel After H1b Change Of Status Approved I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. This is reason I considered going Canada instead. I am in the middle of finishing my last semester of school. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? #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. Is this possible? 1. I have H1-B petititon approved in 10th October 2010. He would really like to get some help from a professional to make sure that all the documents are correct. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. My H1 is approved for the FY2017. Hello, i9 will be used for your job and visa verification by your employer. His wife came on h4, now got h1b through lottery. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. kindly help me please. It takes few days for the Database to sync between I-94 and DMV. file MTR or appeal. My spouse live outside of US. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. A copy of your visa stamping appointment letter. Approved H-1B Visa Petition with Change of Status. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. Or do I need to work with employer Y at least few months? Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? I have applied for SSN in near by office. Your H-1B status is valid until the end validity date of your most recently issued I-94. You dont have to wait until September or October to get Visa stamping for H1B. Now my question is can I change my employer in May/June immediately after getting approval ? I might have to go to India in December. I never traveled to US before. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. 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). I will started working with new employer next month . Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). So I think I lost my visa status. or reasonably safe to do so ? As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . 4)Can the new company utilize my approved petition? Thanks, I wanted to visit home before I start my job. Total stay in US My employer says it could take upto 4 weeks. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. OPT To H1B In 4 Easy Steps - VisaPro In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. Could you please provide the procedure in this case. I think your employer can extend H1B petition up to 6 months before. 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/. You should consult an attorney to see what options you have. If you are interested in reaching out to us, please click here: P (413) 584-3232 However, i have also pursued a masters degree in Environmental science with which i am working right now. Again i m talking abt having multiple amendments ( not transfer). My Lawyer already applied for the amendment, but we didn't get any confirmation from them. H1B to F1 Process and Timeline for Indians : r/h1b Hi Raghu, I got My H1b approved and started from October 1st, 2019. Some people may have H4 visa or others may have F1 to come back to USA. My employer files an H1B cap-subject petition for an F-1 student on April 1st. Anyone know what is the procedure what we need to follow once we receive acknowledgement? 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? Could you please let me know all the possible options? If so, how long does it take to receive the hard copy of approval after the decision is made? 3. I am on OPT right now till June 2011. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. Hi Raghu, Hey Please schedule a 15 minutes call. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. I will NOT be travelling out of the country. If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? 1. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. What is Premium Processing? Is it dangerous? 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. I live inside USA and I have valid status. Can i still get my H1B stamped? 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. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) Sorry, They gave Master service agreement and PO copy between them and client. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. You have to get the documents first. Do I need to get a date from consulate to get H1B Stamping in India? I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Can I travel internationally when H1b is approved but not - Quora If would get the degree. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . If my employer file for extension with the start date Jan 2nd 2019. Could you please tell me how many days it will take for replacement copy of Approval notice. I have only LCA ETA form 9035 & 9035E. I dont know if you can start working if online status says approval. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. Since then I have acquired alot of helpful information that has helped me tremendously. Our firm assists individuals and institutions across the U.S. with their immigration needs. Hi, So he could start working again at least until April 2020. 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?? On April,15 a Company A filled my H1 work visa. i will have to travel to india next month . In the meantime, my spouse got a Full Time offer with Company B. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. Thank you in advance for your kind understanding and cooperation. Heres my opinion: 2. Hi now I am on opt ead and my husband is on f2 status. So questions to you are: 1. (or) Am I suppose to have October pay-stub i..e on H1 status. Then link the new DS160 to appointment confirmation (via travel docs). You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. So in that case i need to attend visa interview again to make my travel. Consultant with whom i processed my H1 is no longer reachable. Can I get stamping before October 1 and enter the U.S. on H-1B? Prior to this my OPT ended on 09/26/2016. Please contact our office before making travel plans. If you could pls help answer my below question : Do I also have to inform my University of the COS? 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. Hi Arun, Can he transfer Visa or will apply new visa? H1B Change of Status vs Consular Processing. Pros & Cons [2022] - RedBus2US My H1B visa is showing approved now. thanks for this updated information. Can I attend the interview by oct-09? 1. The I-94 reflecting the change of status is attached to the approval notice. Is the embassy open and is the next step to fill DS160? I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. 1> If I join same employer (who filed my H1B) after 6 months My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. How soon I can change my employer ? They are going to apply for h4. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. or It was just a coincidence and my petition was approved on the same day using normal processing ? If COS is approved, your L1 is gone! My attorney told you can get stamped anytime before your STEM OPT expires my question is. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. My spouse current status is H4 EAD. H-1B Status and the Cap Gap Extension | Study in the States - DHS 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. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. It got approved on 12/06/2016. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. 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 . I have valid H1b petition until 2014. After visa is approved, you should get the passport within 3 to 4 days. USCIS publishes these figures on a weekly basis. My parents are coming to US for a visit. Still my application is not approved. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Copyright 2005 2022, MURTHY LAW FIRM. There is an option to have your first H1B visa stamped in Canada. I got my H1B approved for the year 2012. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Yes, if #1 is True. We cannot complete the DS-160 for you, but we are happy to answer any questions. They are the right person to help you. I got my H1B application approved and also done with the stamping on may 2012 . No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. 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? From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. Hi, 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 ? Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. ** Note that the name on your passport must match the name on your I-797 approval notice. Why are you asking questions impacting your status on forums? I would like to know what would be my options if Id like to extend my petition. The original I-797 approval notice.
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