Looking forwardat your best advice. 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. 1. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? Refer to US Consulate website and Required Documents list in this blog. I have both passports with me. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Kindly help to understand what are my options in such a case. COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog Thanks in advance! I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . You should consult an attorney to see what options you have. Travel, whether for personal or professional reasons, can be an exciting . Work for Company A generate at least 2 pay stubs and then do the transfer? I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Congrats on your H1B Approval. 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. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. But my client job can be terminated before visiting India by Oct10,2016. Hi, reagards How long can it be allowed/valid to be stamped? But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. 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. Do I need to go back to india for stamping or can I continue with h1b? Questions affecting your status should be answered by an attorney. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. Can I join B without any issues/legal hassles? Can I transfer my H1B without working with employer Y before October. Now I have a tricky time my current client offering full time. 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. H1B Approval notice sent to employer. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. But I too am in a same boat, Hey Raghu. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. I am applying for H1B COS on 01-APR-2017. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. currently iam in USA I have a planned trip to India on 27th October 2016 for around a month. Thanks. Does it help for any cap exempt? 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. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? My next employer is ready to stamp. A copy of you VAC-stamped DS-160 confirmation page. Hello Raghu, For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. I got my stamping done in Jan 2019. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. Activation of my h1b is October 1st 2016. The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. 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. Can I travel to India in March ? 4. will be it be better to go for visa stamping before or after october 1st 2009? 2. The increase in enrollment is due to the removal of travel restrictions . Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 Did you transfer your H1B to your current client without working with Employer Y? This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. The H1B petition is approved on October 27th. Steps after H1B Petition Approval - Visa Stamping, COS - RedBus2US as supporting documents, if asked. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. 3. I am on F1 status , and its valid till feb 2018 . On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. So did you apply for STEM extension? I cant advice on questions affecting your legal stay in USA. 1. 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. Ask the consulate. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. even if my h1b is for a non-profit institution ? An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. Now My question is. Are some people still awaiting their h1b visa approval? I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. Same company, same role. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. You can alter the auto-generated information to tailor it for your dependents. Stamping before OPT expires This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. USCIS now provides a copy of the I-129 petition directly to US consulates. Hi Raghu My case is similar to Abhisheks case. This analysis was provided by the USCIS in the form of letter guidance. Got message: However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). My case falls under h4>h1. I am in a similar situation. If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. Currently I am working for company A and my H1b got picked up this year. But during H1-B stamping what should i defend, if questioned about this? Always consult an immigration attorney to get your questions clarified. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Help Can this be done ? I want to transfer to new employer once i got my 797. 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? 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. This is reason I considered going Canada instead. In USCIS site, my case status was changed to approved on July 16, 2015. Total stay in US- Never been to US I have a weird situation. Or should I choose the drop box option after I get my initial H1 stamped. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. 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. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. I am scheduled for a business trip from Sep 27th to Oct. 6. Now my employer is saying that they want me to start from Jan 1 2012. H1B to F1 Process and Timeline for Indians : r/h1b If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. How To Travel On H1B Visa While H1B Petition Is Pending? Thank you in advance for your kind understanding and cooperation. Thelist of member countries is here. 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? 3. wat would be the best option for me to travel to India in this situation. Is this possible? I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). H4 to H1B Visa: How to Apply for a Change of Status - Stilt Blog are there any issues? Can we come back on L1 visa. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. My question is what are the consequences of not having the visa stamped immediately. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Could you please tell me how many days it will take for replacement copy of Approval notice. 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. My questions are My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. kindly help me please. 2) I dont have pay slips as I never joined company A. What are the options available for me to go for stamping for change of visa status? Looks like you have figured out the best path and as you said, theres no ideal option. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. Actually I have my H1B ammendment filed for relocation and it is in progress. 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. The intervening admission to the U.S. does not override this later effective date. Thank you so much for setting up this website and blog. I have been postponing travel abroad because it is not suggested while approval is in process. 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. Can I travel outside US now ? Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. My attoryney applied for an amendment on June 2nd. Is it possible to transfer it to my new employer. I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. My situation is similar to yours. My H1 is approved for the FY2017. 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. Still the status show it is under review, I am not sure what is the processing time in general. My employer has given me all the documents that he has received from the attorney. My H1B got approved this year but unfortunately my employer let me go. I have not gone for stamping yet. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? I am in similar situation, did you get to know any way to get the COS approved Im US? I will appreciate any legal and serious advise on this matter. What was your status when you got denied notice? I have an H4 visa and live in USA. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Thanks for your response. 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. No I9 and I94 are different. I was working on h1b visa in usa from 1-2 years for same client. 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. 3. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. I would wait for the approval notice. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). I got a situation Herr, I got my approval notice for H1B 2016. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). I am currently in US on L1 visa and checking options to moving to h1b visa. 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. Both of our visas got expired as of sep30. Can Someone please help? Hi We dont know what will happen to H4 EAd. Hello Raghu, Thats measn your OPT will be extended till Oct1, when your H1B becomes active. 1. 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 After your H1B Visa is approved, you have to follow the path back from USCIS. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. H1B Visa petition can be approved with Change or Status or Without Change of Status. Please help me guys, I am totally confused on this. My friend has a situation where any of your suggestion would do a great help. Am I considered out of status ? Consultant with whom i processed my H1 is no longer reachable. 2. 4)Can the new company utilize my approved petition? Can you please tell me what is the percentages of cases still approval pending with USCIS. Meanwhile he was unable to attend residency and makeup session class in his last semester. 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. Travel while H1B Pending (Extension, Transfer, Amendment, COS) USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. Will there be chance for getting stamped if I attend the interview late? I've a similar situation. 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. Please suggest. document posted to employer and I am a resident of UAE and Indian Citizen, Should 2)Got an Approval Status on March, 2012 Hello, I m doing Msc biotechnology. Not advisable . If yes, I need to get updated project/client related documents from the employer who filled. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? 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. How to Apply for H1B from H4 Visa Status. I had not scheduled my visa interview, and I didnt join that company. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Let me know what does my status mean . My question is how many days do I have before I join the work and use my H1B status ? 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). will it be valid to apply in 2019? I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. 1. 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. You should consult an attorney about a status-related question. So, you can start working immediately. Else, it can take months and theres not time limit. I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. My H1 got approved this oct6 from California center. So he could start working again at least until April 2020. I went to PAI on 11/18. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . 2> If I join a different employer after 6 months. Ive never done any studies here in US/Canada and Im from India. So i wanted to schedule the H1B interview by the second week of Oct-09. Kindly guide me what should be my next step. Travel in H-1B Status - Johns Hopkins University However, we cannot predict if you will face any issues unless we have more information about your specific case. I have a family emergency and that made me go from 19th of september to 24th of september. 1. I also got a 5 motnhs gap in my OPT period. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Theres no wait time. So what shall we do ? 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. My employer has filed for H1B amendment for new location. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. I have not done anything regarding the h1b. Looks like your COS was abandoned. H-1B and O-1 Travel. Till what period my attorney/employer would receive the i797 approval Mail notice. I just got my H1B approved. I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. Can you tell me when can they apply for H4? In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. You will need to talk to an Immigration Attorney for your situation. #2 Change of Status DENIED From USCIS website my status is confirmed as Approved. 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 talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? Please let me know on this. How much time will it take? My Employer from India, I have my client at Location X and Location Y. or will it be a new h1b and i will be placed in lottery? The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Your employer will file H4 visa along with your H1B application. 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. Same steps as applying for new Visa. Go for stamping and did you ask your employers attorney? 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. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Some people are waiting in India without having an opportunity to travel with H1 approval. It takes few days for the Database to sync between I-94 and DMV. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice You may have different questions with respect to this situation. This is not the suspension of H1B Visa program. My applied for H1B through my current employer. I live inside USA and I have valid status. If COS is approved, your L1 is gone! Hi, This may help a consular office understand that your work does not have potential application for national security or terrorism. 1)Do you think my visa can get transferred to company B?? You cannot choose which status you want to be maintaining. Will that be enough to show employer and employee relationship or still end client letter is required ? I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments 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? But i am planning to change it to H1B. (Shilpi says: December 3, 2011 at 1:42 AM). Since then I have acquired alot of helpful information that has helped me tremendously. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? 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.
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