I know the alternative is to wait together to go as family. This may help a consular office understand that your work does not have potential application for national security or terrorism. Then link the new DS160 to appointment confirmation (via travel docs). Will there be chance for getting stamped if I attend the interview late? Will the company C transfer H1B (I dont have pettion copy or approval notice with me) You can alter the auto-generated information to tailor it for your dependents. Went for stamping in Hyd and the status is pending. Please do not make plans to travel outside of the U.S. without contacting our office first. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). On April,15 a Company A filled my H1 work visa. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. They are going to apply for h4. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. 2. F (413) 584-5411 After your H1B Visa is approved, you have to follow the path back from USCIS. If you are interested in reaching out to us, please click here: P (413) 584-3232 If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. I never traveled to US before. Checking the feasibility of changing employer You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. A copy of you VAC-stamped DS-160 confirmation page. my status showing as below. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. But I never travelled on this VISA. Based on that the following are the cases that I landed up). I did my Masters from US. Can I go for stamping here in US consulate rather than going for stamping in India? Copy of your old H1B approval notice and offer letter, pay stubs, etc. will be it be better to go for visa stamping before or after october 1st 2009? This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. I have received i797c notice of approval. So its a negative in my case and ill be counted in cap? Hi, my OPT extension is valid until June 2018. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. What happened ? will it be valid to apply in 2019? You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. This year if I want to go for a job or higher studies in US. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. or is that an approval notice? can i re-enter USA on my F1 visa without any issues in port of entry?. 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. 1) How Can I know that my Petition was approved using PP or normal processing Can I travel outside US now ? When your legal stay/status in USA could be affected, always seek legal help. You can also request a "Travel Letter" from our office. 1. Thank you in advance for your kind understanding and cooperation. Can I travel outside the US after H1B approval (change of status) but before Oct, . 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. I have a question , My L1 is valid until Jul 2012 and H1B until Nov 2012. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. Same company, same role. Is there a final date where I would need to take on my H1B visa? Do I need to go back to india for stamping or can I continue with h1b? Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Current Status H1B Approved And now his petition is getting expired in july 2011. 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. 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 There are two steps involved in changing visa status from H-1B to F-1. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. You cannotify USCIS of any change of address online. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? 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. I was working on h1b visa in usa from 1-2 years for same client. I think your employer can extend H1B petition up to 6 months before. I have to make lot of assumptions since you have not mentioned your current status:- My DS 160 form status too in Administrative processing, can you please help me what should I do now? We are planning to upgrade it to PREMIUM . Total stay in US You should check if Transit Visa is required for Paris. I need to travel to India by this month end. 9. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Later in 2010 I come to US on L1B visa. Im in the very same situation as you were in. To provide more details; (I have the option to chose two different places. even if my h1b is for a non-profit institution ? No I9 and I94 are different. I have not done anything regarding the h1b. My spouse live outside of US. I ll be grateful if you can guide me for this. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. Hey RFE and travel puts you in tough spot. Travelling to US for the first time. You can go for H1B stamping till the date 60 days before its valid. 2. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). 1. Now in ds160 I have filled new passport details. Can i still get my H1B stamped? I am searching for consultancy firms who will file my H1B visa. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). Pls reply 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. Company B is filing H1b for me. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? Check with your attorney or https://askanattorney.happyschools.com/. If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. Still my application is not approved. 5. My current project is ending on Dec 28th 2018. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. 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.". I had not scheduled my visa interview, and I didnt join that company. Education US or non US ( there are certain quota for US Masters Degree or PHD students). My H1B premium process petition denied last month, now what could be the next step? The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. So, you can start working immediately. 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? A: Status changes are handled by USCIS. 2. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? It is therefore difficult to predict how long the wait will be for each visa issuance. So when my transferred petition approves i would be having only 4months from the visa expiry . Sumit, if you want faster processing, then convert to Premium. So i wanted to schedule the H1B interview by the second week of Oct-09. Is it mandate to get the stamping done and travel to US during the validity period. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. But I havent taken ay next step considering the COVID situation. I am filing my H1b in April 2017. What should be the next steps for me ? But during H1-B stamping what should i defend, if questioned about this? Hi Rk, we are in same situation, can u please let me know what you have done. As you said, many of us are still awaiting the H1B approval. 2. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS So can i go to home country and stamp H1 on Aug 1st week or 2nd week. I am in US with H4 dependent visa in which I wasnt authorized to work. 2)Got an Approval Status on March, 2012 You have 3 options. Thank you in advance . I dont know if you can start working if online status says approval. Till what period my attorney/employer would receive the i797 approval Mail notice. 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? HI, Your employer will file H4 visa along with your H1B application. I was planning to come back to US on L1 and then switch to H1B after coming back. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? Hello raghu, thanks for sharing the information. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). Hello, But now I got an offer from company B. I want to join company B instead of A. I am in the middle of finishing my last semester of school. You can start working only after the start date on I797 approval notice for new H1 petitions. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Is there any dependency of result of one amendment on the other. 3) If I can and should then Whats the procedure ? Let me highlight the following: Only Premium Processing for H1B Visa is suspended. I must have to visit India from Dec2 -Dec28. My H1 is starting from Jan 01, 2011. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. Please let me know. I know there is recession there in US, but in my case the reasons for not being able to land there are different. Refer to US Consulate website and Required Documents list in this blog. please let me know how many days before the expiry date i have to reach US. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. But, you would need a valid US visa (other than H1B) to re-enter the USA. 6. Let me know what does my status mean . My H1 is approved for the FY2017. Please help. What is the grace period to file the COS now? My Green Card process may start early next year. towards the end of 6th year. 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. I am on F1 Opt working for a company. This means I will not be able to transfer it to a new employer. 2. As I was with F1 status and it will finish from Sept, during one month I dont have no status. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. You need an H1B stamp to enter as H1B status. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Talk to an attorney and figure out the plans and status. In order to apply for change of status, the applicant must still be in a valid status. Will there be chance for getting stamped if I attend the interview late? I found your video really helpful to understand the process. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. But due to unavoidable situation ,I need to travel to india. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. 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? Not its not valid. 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. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. Will the H1B come in effect from 10/01/2017 ? I am in a desparate situation. Else, it can take months and theres not time limit. Would i have to explain why there is a gap between my approval and commencement of work? My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). How much time will it take? What are our options ? But, theres no status for mailing the notice. 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. You can also post it via As an Attorney here. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Will it create problems during H1b stamping in India during interview ? as supporting documents, if asked. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. You need to find new employer. 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. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. 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. You need to ask an Attorney. My current H1B visa expiring in 31 Dec 2016. 1. I have not spent a single day of H1B employment with my petitioning employer. an assumption, I have authorized CPT and went to India on vacation. My i129 petition has been approved without change of status from h4 to h1b. Ive never done any studies here in US/Canada and Im from India. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . i have new employer and will file h1b cap counted next week. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. I had not scheduled my visa interview, and I didnt join that company. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Will my current H1-B application get rejected because i dont have these details? E2 EAD maybe better then H4 EAD. I am and just want some company in anxiety. Im not sure where you can attend the visa interview from. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. Hi, Any necessary supplementary documentation that may be necessary. Are some people still awaiting their h1b visa approval? Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Some people are waiting in India without having an opportunity to travel with H1 approval. My next employer is ready to stamp. I am not sure how strict the immigration about it. Hello Everyone. After visa is approved, you should get the passport within 3 to 4 days. 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 applied for a new passport in the Indian embassy in the US and have reported the lost passport to the US consulate in India. I have couple of questions? 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. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? Current Status OPT Visa processing times and questions can be stressful at times, thank you for replying to the queries. I am bit worried on this status, can you please help me to understand this status. I live inside USA and I have valid status. I got my petition approved till September 2017. Once you receive i797, within 40 days you should go for stamping? One of my friend has the same issue now. Or go with the existing Ds-160 and show them the approval notice when questioned. Hi, Hi But She didnot gave me any slip but she got my passport and the H1B amendment reciept. 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. So, I think you cant go back. Please can you share pros and cons for both the options or are they correct options to chose. OR Now i am leaving current employer which files H1B & joining another employer. Please share on who did you handle that circumstance? I have an H4 visa and live in USA. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Thanks for asking. 4. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. Hello Everyone, If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? How do keep it active? Email info@cbkimmigration.com Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. My questions are Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. I received my H1B approval notice yesterday. Based on these facts, the change of . Im in H1B Status now and planning to transfer to new employer. 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. I got my H1B stamping done last year in Sep 2009. I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. 1. currently embassy is not operation for normal window due to COVID I'm Indian, rightnow doing job in Singapore. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? 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 . You can do the math from there. should I get back to the US before the 7th of July ? Is there a way I can reenter the States using my current F1 visa? Help Why are you giving incorrect info? My case got recently approved. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. i will have to travel to india next month . http://www.happyschools.com/ask-an-attorney/. If H1 done vs CP, then you will stop working when you enter the US on H4. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? 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. 2) when can i go for the stamping?? My friend is going to graduate with MS in the 1st week of may 2013 (next month). Do I need to get a date from consulate to get H1B Stamping in India? Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. Has any one got H1-B petition approval notice ? if so, what should I do for a month? 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. Heres a list of documents required for H1B Stamping. 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 . 1. 1. Accurate I-94 records control your lawful status: they are very important. Need to go for stamping to activate my visa. My Employer from India, I have my client at Location X and Location Y. 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. Were you able to find out whether we can apply for COS or how did you go forward? Thats the conversation you should have with your employer and attorney. Could you tell me what happened to you case? After 30 days, it will have to be done through an extension with USCIS. ( OR) Even for my wife the DOB is wroing in the I-797. 3) However I left my employer who had filed my petition in February 2012 to join a new company Can we come back on L1 visa. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? 1. A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system.

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