I know the alternative is to wait together to go as family. (Shilpi says: December 3, 2011 at 1:42 AM). This analysis was provided by the USCIS in the form of letter guidance. I have received the approval notice which is valid till June 2020. When can I start working for the employer? 2023 Murthy Law Firm. Hello raghu, thanks for sharing the information. Check the Processing Time, usually, H1B and H4 gets approved at the same time. So questions to you are: 1. Then comes H1B Visa approval after a long wait. My Green Card process may start early next year. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. 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. I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. Do you need New H1B Visa Stamping after Transfer? H4? FAQs I have a question about changing of visa status. After your H1B Visa is approved, you have to follow the path back from USCIS. My H1B visa is showing approved now. Please let me know. Could you kindly please provide me some guidance on below question? The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. 2. 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 Hello Everyone. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. If travel is required, advance planning and early visa application are critical. I dont know the answer. Now My question is. check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. 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. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . My employer has given me all the documents that he has received from the attorney. I will appreciate any legal and serious advise on this matter. 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. Shanvi. This is reason I considered going Canada instead. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Please advise so that i can plan accordingly. They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. I am on OPT right now till June 2011. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. Will my visa become invalid or will it still be valid after few months? 1. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Do we need to visit counsellte again for stamping? 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. In short Yes, but is hat H1 petition still not revoked? Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. I need to travel to India by this month end. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. 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. If would get the degree. While your H1B change of status is pending, you are free to travel outside of the United States. also one of my friend lost his 221G how can we get the copy of 221G? I wanted to visit home before I start my job. You dont need stamping. Second How tough to get H4 Visa? I have my visa stamped this September and I want to travel in the month of March. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. If you move before you receive the notice, call customer service at 1-800-375-5283.. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. So, will my last year case have any impact on this year, as I didnt go last year. My L1 is valid until Jul 2012 and H1B until Nov 2012. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. If this happens, please contact us so we can discuss how to maintain and extend your status. Its taking longer than usual for H1B processing. 5. Iffurther information is needed you will be contacted. ?Could you please advice me on the same? Suppose if August 2021 this is not stamped then what is the further option? I know there is recession there in US, but in my case the reasons for not being able to land there are different. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Get approval, then stamping. and my last day in the organization was 11/16/2018. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? 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. Did you transfer your H1B to your current client without working with Employer Y? file MTR or appeal. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? My EAD ends July 10, 2020 and my H1B got approved June 11,2020. My employer hold me till todate. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Is my petition still valid and can be considered for cap exemption.? 1. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Thanks. Now can go for stamping or not. My Petition got selected for h1b by lottery. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. i read from various web sites saying generally people go to either MEXICO or CANADA. My H1 stamping was expired and my currrent petion is valid up to Jan16. If yes what is the procedure? You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Is the H-1 Visa STAMP required to start the process for Green Card? So can I continue working on my L1B visa till will get new project from this third party consultancy ? And now his petition is getting expired in july 2011. I have an H4 visa and live in USA. Can you please help me with this? 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. thanks for this updated information. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. You need to ask an Attorney. I am currently on L1B visa in USA. 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 have one more offer from company C, My question is I94 is generally used for your entry and exit in US. Documents related to your H-1B petition. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- So, you can start working immediately. Your question boils down to one sentence DO you need Transit Visa for France? e.g. You have to be worried only if are doing anything wrong. 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. Any necessary supplementary documentation that may be necessary. I just got my H1B approved. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. My husband employer filled for my extension. But I too am in a same boat, Hey Raghu. Do I need to get a date from consulate to get H1B Stamping in India? I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? My cousin has been thinking about getting his h1b visa in order to get the career that he wants. As I was with F1 status and it will finish from Sept, during one month I dont have no status. I am still on my OPT that runs till next year June. 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 . But, do you want to wait around to get into H1B under this current scenario? 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. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? 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. My OPT is valid until October 12th. 4. How soon I can change my employer ? ( There is a requirement of paystubs please check with some expert on how many ), 4. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. 3. wat would be the best option for me to travel to India in this situation. Now my question is after approval how long i can wait to fetch my first job? 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. The student's OPT is valid until November 30th. Hi, Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. As per USCIS website, filing is mandatory but approval is not to work in new location. I would like to know what would be my options if Id like to extend my petition. 3. Now I can utilize the same Petition number to other Employer. I currently live in the US. Yes. Your email address will not be published. You should consult your employers attorney . If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. However getting visa appointments in India is also hard so you just pick your poison I guess. I have got a valid H1b approved petition from my current employer. Could you please tell me how much time it will take to receive the Approved petition. Your visa stamp will reflect the I-797 validity. My H1B Status still in Received status, what should be the deadline time to change the statues? Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? 2> If I join a different employer after 6 months. I just got this notice, but does it mean I got approved to technically be H1B status? Can I get stamping before October 1 and enter the U.S. on H-1B? I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. Close All Open All Cap-Gap Extensions Eligibility for an Extension Nationality in the US, Im in the same location and same client. 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 will have a start date, so you can enter upto 10 days before the start date. Thanks for this information. So I think I lost my visa status. I am on F1 Opt working for a company. My H1 b petition is approved 2008 June , I didnt went for stamping . I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. My visa stamping is done on May 2012 in Hyderabad . He just received a mail from university that his sevis is terminated and out of status now. 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. Thank you in advance. 2. It happens and theres nothing you can do but wait. If it was a coincidence then my petition was approved using normal processing and I should get my money back. 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. but what will happen at the time of stamping.? If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? When i checked in the portal on the status of Visa on 19th June 2018.. it is as follows: Your Visa is currently undergoing necessary administrative processing. Your employers attorney should have given you these details. Again i m talking abt having multiple amendments ( not transfer). ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. I have not spent a single day of H1B employment with my petitioning employer. I have my H1B visa approved. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. But i couldnt see my employer sending me for visa interview. I got my H1B approved through Consular notification. Hi, It can take four to six weeks or longer for visa appointments. In USCIS site, my case status was changed to approved on July 16, 2015. or will it be a new h1b and i will be placed in lottery? Where are you getting information that you need 3 months pay stubs? Would i have to explain why there is a gap between my approval and commencement of work? Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. 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. My change of status wasn't approved, so I will have to leave and get my visa. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Is there any consequences in the case? I feel really frustrated by all this bureaucracy. So its a negative in my case and ill be counted in cap? My L1 is expired for company A with valid I-94. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. This may help a consular office understand that your work does not have potential application for national security or terrorism. currently embassy is not operation for normal window due to COVID Here I got some confusions.. 1. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. Is there a way to salvage my petition ? can i take got visa stamping with that case ? I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. Transfer h1. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). Is this possible? My H1B was on RFE. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Im not sure. I just wanted to play safe and avoid going for stamping in this trip. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. 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? Also, i have a b1 from the present company. 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. Why are you asking questions impacting your status on forums? Talk to an attorney https://askanattorney.happyschools.com/. 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. 1. Any help will be really appretiated.Thank you all. RFE is answered and I am waiting for the reply. 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 friend is going to graduate with MS in the 1st week of may 2013 (next month). H1B Visa FAQ Related to Change of Status - Immihelp Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? My H1B has been approved and i am staying in india. Do I need to go back to india for stamping or can I continue with h1b? Went for stamping in Hyd and the status is pending. You should review all of this information after each H-1B approval. Is it possible to transfer it to my new employer. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Would my H1B visa expire at some point if I do not adjust my status? 1. During this period, prospective petitioners and representatives can complete and submit . 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. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . 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. Will it pose a problem while getting the visa stamped? Hey Please schedule a 15 minutes call. Same steps as applying for new Visa. I got my H1B approved for the year 2012. 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 ? I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. I ll be grateful if you can guide me for this. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. If you have your H-1B approved, have to get the H1B stamp before entering America. Is the embassy open and is the next step to fill DS160? I wont have time to get my visa changed over to H1B during this trip. You can transfer your H1 to new employer and they have to send the required documents. Can I join B without any issues/legal hassles? If your visa application is approved it will be processed and mailed/available within 2 business days. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. To provide more details; (I have the option to chose two different places. 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. Please contact our office if you would like to initiate a permanent residence application. 1. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. Ive my client letter, pay stubs, W2 forms everything clean. Travel Tips for F-1 Students on OPT or Planning a Change of Status to H Hi Rushi, You can do the math from there. 2. Total stay in US Hi, Thats measn your OPT will be extended till Oct1, when your H1B becomes active. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. I cant work without SSN and I cant get SSN with this issue?? I recently quit the company i was working for. I went to PAI on 11/18. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do I will started working with new employer next month . We sent you a notice that explains why we moved your case. I am filing my H1b in April 2017. 1> If I join same employer (who filed my H1B) after 6 months You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Traveling While Awaiting an H-1B Extension. Second, submit a change of status application. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Still the status show it is under review, I am not sure what is the processing time in general. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? 3. Why not get H1B stamping and enter US? The new employer transferred his H1 again and it is in premium processing currently. So can we file one more amendment without any issue when the previous petition is still in progress? Quick question- I received the COS from L1B to H1B two days back. I must have to visit India from Dec2 -Dec28. I am a little confused as to when to have my visa stamped. How far is this info correct? 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? Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. 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. If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. I have the same doubt. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. Now my ques is , I knw i can work on 1 h1b at a time. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? You are right. DEC 2015 still waiting for final decision .. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Is there any risk involved in it? What is the grace period to file the COS now? A copy of you VAC-stamped DS-160 confirmation page. This includes changes in work location, salary, and job duties. 2. A: Status changes are handled by USCIS. I did not have petition copy with only i have WAC no. In the meantime, my spouse got a Full Time offer with Company B. Can i still get my H1B stamped? If I leave my current employer, then Can I get it stamped on my own/new employer/US company? 5. A travel letter template for your employer to complete before you travel can be foundhere. Please correct your article. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. because i can extend my visa when i am US only. Location change is from my employers location A to location B. 3. L1/L2 extension is also being applied by company. #2 Change of Status DENIED How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. And Ill be working remotely. https://askanattorney.happyschools.com/. 2. My H1B has been applied from an MNC and it got approved. 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.
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