I am in a similar situation. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. 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. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. and want to convert my visa to H1B visa next year. My friend wanted to take the legal action he is having all the proof when the money transfers etc. I have one more offer from company C, My question is my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. I hope i could find an answer to my question . This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Now in ds160 I have filled new passport details. I did not get my master's degree yet and luckly i got my OPT started lasy year. Get approval, then stamping. Even for my wife the DOB is wroing in the I-797. 3. what happens if i leave US before october and couldn come on time. are there any issues? My H1B I hope gets approved next week if so how long will it take for me to get it stamped? 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. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. Currently I am in my home country. can I travel and come back without any problem? Hi HSB, Check with your attorney for suggestions and answers. Please suggest I am in huge confusion and tension. 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. Whether my H1B will be denied etc? Your employer will provide you the I9 form to fill for them and it's only after your joining! Can Someone please help? You don't have any gap. Approved H-1B Visa Petition with Change of Status. I might have to go to India in December. Please advise. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. 1. In short Yes, but is hat H1 petition still not revoked? Sorry, They gave Master service agreement and PO copy between them and client. 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. We have applied for the extension and we have got the receipt. 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? Please post your question in Q&A section. Is their a validity associated with it. We are currently stating in US. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Heres my opinion: I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. I have responded to an RFE and am awaiting the final approval, hopefully. (Regular processing). What documents should i carry in both situations(processing time and after acceptance of H1B). Can i approach a different employer with same petition number to proceed with my H1B stamping. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog All the numbers I try online dont help. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Currently I am in my post completion OPT. But employer says that he has not yet received the 797. If i go what will be the problem to my H1B? 3. to transfer you need the approval and EAC #. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? My H1B has been approved and i am staying in india. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. My H1B was on RFE. Please be sure to do the same for your dependent(s). I have a family emergency and that made me go from 19th of september to 24th of september. I know the alternative is to wait together to go as family. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . I think your employer can extend H1B petition up to 6 months before. I got my petition approved till September 2017. 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, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? My spouse live outside of US. If COS is approved, your L1 is gone! is there any way i can contact USCIS and get to know more about this ? My H1B visa has been approved with a change in status (F1 to H1B). Please suggest. 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). 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. Be practical. So, seek legal counsel in this case. My H1 is starting from Jan 01, 2011. My H1 got approved in August. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. H1B Visa petition can be approved with Change or Status or Without Change of Status. I have H1-B petititon approved in 10th October 2010. Should I cancel my H1B ? Is it mandate to get the stamping done and travel to US during the validity period. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? Im not sure how USCIS treats the approved 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? So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. Also, please suggest if people are getting their H1B approved? If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. is this usual? When should I go for stamping looking into the current corona situation. As I was with F1 status and it will finish from Sept, during one month I dont have no status. H1B Visa 2024 Lottery Predictions - How Many? Analysis, Results Once I check that my H1B is approved on the internet, can I start to work right away? Thanks for asking. If your employer is not giving the letter, then you have to go with what they have given. Hello, Once you receive i797, within 40 days you should go for stamping? Can i apply for the H1 B visa NOW?? Now my question is after approval how long i can wait to fetch my first job? My current project is ending on Dec 28th 2018. The increase in enrollment is due to the removal of travel restrictions . 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. Also after receiving my I797 notice, can I go and apply for SSN? Ive never done any studies here in US/Canada and Im from India. The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. Hi !! So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? Suppose if August 2021 this is not stamped then what is the further option? I wont have time to get my visa changed over to H1B during this trip. IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. 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. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know Does anyone know how long an amendment takes? 2> If I join a different employer after 6 months. I feel really frustrated by all this bureaucracy. ( OR) If you told for me to went there and got the stamp when would you suggest? Is there any consequences in the case? 1) You need to enter petition no in ur wifes DS160 . Ideally how much time it takes for the approval notice to reach at our end? I am in US and my status is F2. 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. You are right. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. 1. I have my visa stamped this September and I want to travel in the month of March. Check the Processing Time, usually, H1B and H4 gets approved at the same time. 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. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. You should have the Approval Notice with you. Some people may have H4 visa or others may have F1 to come back to USA. Hey Please schedule a 15 minutes call. Most visa applicants must appear at a consulate for personal interviews. I must have to visit India from Dec2 -Dec28. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. The H1B petition is approved on July 1st. 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 Thats the conversation you should have with your employer and attorney. 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. I had not scheduled my visa interview, and I didnt join that company. Suppose assume that im transferring in next month December. Then link the new DS160 to appointment confirmation (via travel docs). A: Status changes are handled by USCIS. I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. Can I attend the interview by oct-09? But company x filed my petition when I was in place A and two months it moved me back to place B. My employer saying till january I may have to wait. I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. There are some exceptions to this rule. Dont try to save on FICA taxes . It has already been 6 months since i received my approval. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Its a direct client. https://premium.happyschools.com/course/consulting/, Hi Raghu, 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 would like hear about your experiences or your advises on H1B visa stamping in Canada. Please review this material carefully. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. 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. 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. I have a question. I got my H1B approved through Consular notification. My status got changed from H4 to H1. You can alter the auto-generated information to tailor it for your dependents. 2. If not what should I do ? You can also request a "Travel Letter" from our office. 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. But now the requirement is not there with client Y. My first trip to Canada will be August 2011. Total stay in US In order to apply for change of status, the applicant must still be in a valid status. Now i am leaving current employer which files H1B & joining another employer. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. I have a weird situation. Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. Any help will be really appretiated.Thank you all. 2. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. I cant advice on questions affecting your legal stay in USA. Visit this page frequently to know the latest updates. Is it possible to continue with my trip to India? 4. Is it ok to wait for more than 3 momths after my H1 approval? Congrats on H1B approval. 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. 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. Is there any info for attending visa interview in India? I have been with this employer before my change of status. I have my H1B visa approved. Current Location India I am in the middle of finishing my last semester of school. The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. Kindly help to understand what are my options in such a case. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. 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. Also, I am planning to apply for h1b for next year. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? I still did not receive my Now I can utilize the same Petition number to other Employer. 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. Could I have issues at the port of entry airport because of the H1-B pending? But i have not received hard copy of documents. If you move before you receive the notice, call customer service at 1-800-375-5283.. 5. H-1B Status and the Cap Gap Extension | Study in the States - DHS You have to understand the concept of H1B Visa and Change of Status. This may help a consular office understand that your work does not have potential application for national security or terrorism. Current Status H1B Approved Sorry, I dont know the answer. H1B Petition approved but I-94 is not updated - Immihelp My Visa interview is happen on June18th and counselor has taken my passport. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Depending on your status change. I have a question about changing of visa status. 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. Ask your employers attorney My L1 is valid until Jul 2012 and H1B until Nov 2012. When your legal stay/status in USA could be affected, always seek legal help. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. I need your suggestion regarding the travel. Is her H1B approved on Oct 2008 is till valid ? file MTR or appeal. Refer to comments policy. I am on h4 dependent on my husband h1b. caroline. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. e.g. 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. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Is that ok to start working in regard with my status? I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Do I have to apply for OPT extension? Do you need New H1B Visa Stamping after Transfer? H4? FAQs Current Status Visa type In USCIS site, my case status was changed to approved on July 16, 2015. Got the recpiept on amendment but havent heard anything from USCIS. Pls reply Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. 2)Got an Approval Status on March, 2012 Case 2: 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Else, it can take months and theres not time limit. So when my transferred petition approves i would be having only 4months from the visa expiry . As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. Please set aside time to complete this form. FAQ: International Travel During F-1 to H-1B Change of Status But i couldnt see my employer sending me for visa interview. Case details: The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. But due to some issues I am not traveling and will be travelling in 2021. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? Thank you. But my attorney filled the form incorrectly. But I havent taken ay next step considering the COVID situation. should I get back to the US before the 7th of July ? Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. Travel while H1B Pending (Extension, Transfer, Amendment, COS) You should try to transfer before they withdraw. If i find a new employer will I still be cap exempt? My name on H4 i94 is mentioned with first name : xxx ; last :yyy yes , responded to RFE in NOV 2015 . I was on F1 and recently changed from F1 to HIB. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. Now my employer wants to apply for change of location, so I want to understand that once my company applies for an amendment to change location and it is approved, do I need to go to my home country to get it stamped or it is not required until I go outside US? Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. Your email address will not be published. I am in US on F1 visa now. 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. 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. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. My H-1B got approved recently as my employer applied it through Bachelor's degree. You have 3 options. People are still waiting for H1B results filed in April 2015. Always consult an immigration attorney to get your questions clarified. Some changes may require an amended H-1B petition. 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. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? Consultant with whom i processed my H1 is no longer reachable. You get the original in 2-3 working days. My i129 petition has been approved without change of status from h4 to h1b. currently iam in USA I would like to know what would be my options if Id like to extend my petition. I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? I did not have petition copy with only i have WAC no. Your employer will file H4 visa along with your H1B application. H1B Transition Issues: International Travel - Murthy I agree with your attorney. interesting how to apply for dutch passport ? But, if you get denied, Im the one to blame. Can I travel outside US now ? Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo Hi Raghu, I am currently in Singapore. Is there a way to salvage my petition ? I am on totally confused stage. HI, My employers attorney has filed a service request too with USCIS, but no updates yet. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. 1. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. 2. I have checked my status online and it says , we denied your i129 and mailed you the decision . Second How tough to get H4 Visa? We sent you a notice that explains why we moved your case. I am taking appointment for H1b Stamping and H4 visa for my wife. even if my h1b is for a non-profit institution ? The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Once you are in US ask the new employer to file for COS with I94, 2. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . 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. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. I will answer them in a video. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Thanks!! Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I am also in same situation. Currently I am getting interview date of March 5th. I am currently on L1B visa in USA. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. 2.What are the options to get a valid I-94, without going back to my home country for stamping? 6. Is the embassy open and is the next step to fill DS160? 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.