Is there any risk involved in it? If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. I have a family emergency and that made me go from 19th of september to 24th of september. Is this a right thing to do ? Is the embassy open and is the next step to fill DS160? Please advise. A copy of you VAC-stamped DS-160 confirmation page. If COS is approved, your L1 is gone! My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status Your emoloyers attorney should answer this question. If travel is required, advance planning and early visa application are critical. Refer to comments policy. 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. You dont have to wait until September or October to get Visa stamping for H1B. I just got this notice, but does it mean I got approved to technically be H1B status? as i will be traveling to my home country that time. You don't have any gap. My L1 is expired for company A with valid I-94. Required fields are marked *. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. (Shilpi says: December 3, 2011 at 1:42 AM). 1. You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. If you move before you receive the notice, call customer service at 1-800-375-5283.. 2. Will that be enough to show employer and employee relationship or still end client letter is required ? reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know 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. DEC 2015 still waiting for final decision .. I am on totally confused stage. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. 9. You can do the math from there. If Your H-1B Petition Has Been Approved as a Change of Status: I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? Please advise so that i can plan accordingly. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. What all documents are required for the stamping? I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? 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? Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Im on F1 Visa Status currently working in USA on STEM OPT. If you have your H-1B approved, have to get the H1B stamp before entering America. I got married after 10 days of my H1 stamping. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice Stamping is not required unless you leave the country and enter again. My passport was stolen on 05/28/2017 in Los Angeles. 1. It is therefore difficult to predict how long the wait will be for each visa issuance. 3. I did not get my master's degree yet and luckly i got my OPT started lasy year. Can I travel outside US now ? My H1B has been approved and I am currently in USA. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Is there a way to track the status? If would get the degree. Current Status Visa type Such guidance does not carry the binding force of law or regulation. 1. But, if you get denied, Im the one to blame. 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. Im yet to get the mail . I will answer them in a video. I also got a 5 motnhs gap in my OPT period. https://www.happyschools.com/ask-an-attorney/. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. or reasonably safe to do so ? Should I Marry an American Citizen to Stay in USA? A travel letter template for your employer to complete before you travel can be foundhere. 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. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? My visa stamping is done on May 2012 in Hyderabad . and want to convert my visa to H1B visa next year. A DHS memorandum dated May 16, 2000 states that an alien in . So questions to you are: 1. I have travel plans and booked VISA Interview on December 16th. Stamping before OPT expires Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? I could say that you can get it stamped from another country ( as other have done in the past). Are you able to transfer? Hi, my OPT extension is valid until June 2018. This option is explained here for the benefit of MurthyDotCom readers. Heres my opinion: I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. 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. First Do i have any problem in visa stamping? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Is it ok, if I stamp my visa first and then my wife and kid go later on. I recently quit the company i was working for. 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. Currently I am getting interview date of March 5th. There are some exceptions to this rule. 2) My H1B is filed by employer based in Seattle. L1 to H1 with CP. meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. Your visa stamp will reflect the I-797 validity. But due to unavoidable situation ,I need to travel to india. my status showing as below. Please let me know what should be done to correct my DOB??? Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Check with your attorney or https://askanattorney.happyschools.com/. When your legal stay/status in USA could be affected, always seek legal help. Any help is appreciated. If yes, what will be the visa validity he can expect? My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: I have sent them my approval notice also. I was planning to come back to US on L1 and then switch to H1B after coming back. Can I put resignation and wait to join other employer ? Hi HSB, MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. After H1B Visa Approval Notice Sent Will the H1B come in effect from 10/01/2017 ? So he could start working again at least until April 2020. 3. Now My employer requested me to come to USA. 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)? Currently I am in my home country. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. I still did not receive my You cancheck visa-waiting times here, and you cancheck consular procedures here. You need to ask an Attorney. Would i have to explain why there is a gap between my approval and commencement of work? 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 two options below. My joining date with other employer is after 3 weeks. 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. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Is the H-1 Visa STAMP required to start the process for Green Card? 3. 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. However, we cannot predict if you will face any issues unless we have more information about your specific case. During this period, prospective petitioners and representatives can complete and submit . Hi, Dont try to save on FICA taxes . Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Hi, Customs and Border Protection (CBP) has implemented an electronic I-94 system. But i couldnt see my employer sending me for visa interview. Since then I have acquired alot of helpful information that has helped me tremendously. 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. same office location but the new address of residence is in different county. 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 . Hi Raghu, I have a question regarding H1B visa appointment. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . I have both passports with me. So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Your H-1B status is valid until the end validity date of your most recently issued I-94. Please help me by providing answers to these questions. My petition is approved for the year 2015. However, each U.S. consulate will have varying rules. Go for stamping and did you ask your employers attorney? 2. On April,15 a Company A filled my H1 work visa. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. Hi Raghu, My H1B has been approved and i am staying in india. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. In 2004, the U.S. Can you please help me in understanding what should I do? Is their a validity associated with it. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. Then link the new DS160 to appointment confirmation (via travel docs). can i take got visa stamping with that case ? But i am planning to change it to H1B. I just wanted to know the risks in traveling to India now. Currently I am working for company A and my H1b got picked up this year. My H1 got approved in August. I have not signed any agreement with company B. Please review this material carefully. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. 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?? I just got a new Job Offer, is H1 transfer now a good idea? My passport is changed after I applied my H1B lottery due to spouse name addition. Now I have a tricky time my current client offering full time. Could I have issues at the port of entry airport because of the H1-B pending? 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 . I have been with this employer before my change of status. an assumption, I have submitted the client letter, SOW etc. Only when you travel. I live inside USA and I have valid status. I live outside of the US, and only 10 days to find apt and get ready to work?? If it was a coincidence then my petition was approved using normal processing and I should get my money back. Am I correct? My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. 2. My question is how many days do I have before I join the work and use my H1B status ? Is it possible to transfer it to my new employer. Is client letter mandatory while attending H1B visa stamping. hi Raghu Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. 1) You need to enter petition no in ur wifes DS160 . You cannotify USCIS of any change of address online. Raghu, Ask your attorney or submit this via Ask an attorney by Email. You should consult your employers attorney . Prior to this my OPT ended on 09/26/2016. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. I got my H1 approved and it starts from Oct 1 2009. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. There is an option to have your first H1B visa stamped in Canada. How much time will it take? I am on h4 dependent on my husband h1b. And petition validity is till October 2013. Still the status show it is under review, I am not sure what is the processing time in general. Your email address will not be published. Now my employer is telling me to go for stamping with client A documents. Same company, same role. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Does this mean they sent the reciept that they received our request? You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. But, do you want to wait around to get into H1B under this current scenario? I did my Masters from US. Visa stamping has been expired now. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. I will appreciate any legal and serious advise on this matter. 2. 2. Will it create problems during H1b stamping in India during interview ? My H1B visa is showing approved now. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. i got my first H1B approve in Oct 2009. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. 2.What are the options to get a valid I-94, without going back to my home country for stamping? You should consult an attorney about a status-related question. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Will the company C file new H1B (on what basis) . Since then i am in india, and did not attend US consulate for stamping. Please share if you get any answer so to your question. 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. I have got a valid H1b approved petition from my current employer. Plus, check to make sure your H1 is not withdrawn. You have to get the documents first. 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. Not advisable . I am on F1 Opt working for a company. or will it be a new h1b and i will be placed in lottery? I have plan to visit india march . Can I travel outside the US after H1B approval (change of status) but before Oct, . I entered US 14 days prior to the start date mentioned on my i797. From April 1 your status will be H1. If yes how.? Please hel me if some one knows the rule of H1B Visa. Issues to deliberate on I am currently living in USA and working as a full-time employee with the same employer for 2years. Only your employer can help you with this case. My employer has given me all the documents that he has received from the attorney. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. We cannot complete the DS-160 for you, but we are happy to answer any questions. 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 Ram Im exactly at the same situation like yours now. My questions are Would my H1B visa expire at some point if I do not adjust my status? I am scheduled for a business trip from Sep 27th to Oct. 6. I applied for H1-B in 2007 and it was approved. #2 Change of Status DENIED Not its not valid. 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. I am applying for H1B COS on 01-APR-2017. I have the copy of the police report that was filed when I lost my passport. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Does it help for any cap exempt? My H1B visa has been approved and I am waiting for my Stamping. They may refile or do a MTR. (same sate). I want some time ( may be 1 week atleast ) to resign from present employer. My H1B status is approved . Could you please tell me how much time it will take to receive the Approved petition. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. My H1 is starting from Jan 01, 2011. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). So did you apply for STEM extension? Same company, same role. Has any one got H1-B petition approval notice ? You need to find new employer. I have my visa stamped this September and I want to travel in the month of March. I94 is generally used for your entry and exit in US. You need an H1B stamp to enter as H1B status. Please follow any instructions on the notice. My H1B got approved this year but unfortunately my employer let me go. The approval notice shows same i94 number as h4 when she entered the US. Thanks. 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). 1)My H1-B was filed using I129 in November, 2011. I am bit worried on this status, can you please help me to understand this status. How this H1B visa be utilized in these two cases: 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. should I get back to the US before the 7th of July ? Thanks for the detailed reply. This analysis was provided by the USCIS in the form of letter guidance. Hi, So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . Will it pose a problem while getting the visa stamped? If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. Currently i am staying in Kuwait for some project work. case created:15th June, Case updated:18th June. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. Waited for i-129 approval but dont want to waste the chance of F1 visa. I had filled H1B first time and was approved in Ocotber 2016. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. Then comes H1B Visa approval after a long wait. Travel, whether for personal or professional reasons, can be an exciting . 4)Can the new company utilize my approved petition? I agree with your attorney. I have received the approval notice which is valid till June 2020. You have 3 options. Transfer h1. But I have left from the company which applied my H1B. My employers attorney has filed a service request too with USCIS, but no updates yet. My extension of H1B i129 was approved last week and I am living within US now. Can I transfer my H1B without working with employer Y before October. Hi, 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. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. I feel really frustrated by all this bureaucracy. Some people may have H4 visa or others may have F1 to come back to USA. Your employer will file H4 visa along with your H1B application. 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. Any help would be appreciated in clarifying the following questions. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. In this scenario do I need to go to home country for H1B visa stamping? This is because the last action regarding the foreign nationals status governs. Can they apply before October 1? Do we need to visit counsellte again for stamping? I got my H1B application approved and also done with the stamping on may 2012 . USCIS now provides a copy of the I-129 petition directly to US consulates. I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. Consult and attorney. If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. 1)i have opt extension up to 2018 july is still valid or not?? I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. My new employer has filed the H1b transfer in October 05 2015. If you are interested in reaching out to us, please click here: P (413) 584-3232 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. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? Got the recpiept on amendment but havent heard anything from USCIS. I have a question. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. I moved to new the address now (Different State). Will my extension application be cancelled and do I need to apply again? Thanks. Where are you getting information that you need 3 months pay stubs? We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. I m planning to go to USA. Im not sure where you can attend the visa interview from. But employer says that he has not yet received the 797. 3. wat would be the best option for me to travel to India in this situation. Is there a way I can reenter the States using my current F1 visa? Can I attend the interview by oct-09? Can i still get my H1B stamped? Thanks, Can I go for H1b visa stamping this year with the petition approved documents? My H1 got approved this oct6 from California center. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. It takes few days for the Database to sync between I-94 and DMV. My parents are coming to US for a visit. It will be bumpy ride. 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). Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Please Help. If you told for me to went there and got the stamp when would you suggest? The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. 4. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). Now my ques is , I knw i can work on 1 h1b at a time. Later, you may jump ahead to certain sections. The end date indicated on the I-94 is your status expiration date. Hello, I want to schedule my spouse H4 visa interview on Dec 2nd week. Hi Rushi, Thanks. I am in India. Hi Raghu, No I9 and I94 are different. Whether my H1B will be denied etc? You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. I cant help you here. Refer to US Consulate website and Required Documents list in this blog. My H1 is approved as consular processing for FY2017. Hire Us. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. You can start from here https://askanattorney.happyschools.com/ Need to go for stamping to activate my visa.

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