How long does it take to recived the hard copys to my petitioner? What documents should i carry in both situations(processing time and after acceptance of H1B). Your H-1B status is valid until the end validity date of your most recently issued I-94. You can continue on your current visa till your H1B is stamped. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. E2 EAD maybe better then H4 EAD. Thanks. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. Our firm assists individuals and institutions across the U.S. with their immigration needs. 2)Got an Approval Status on March, 2012 There will be a visa fee of at least $190 for each machine-readable visa issued. My H1B visa is showing approved now. Post the question to Attorney Murali via Ask an Attorney. You will fill DS-160 as if you are going to attend an interview with Company A. 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. 1) I had received RFE. 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. Both of our visas got expired as of sep30. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. But, if you get denied, Im the one to blame. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. or reasonably safe to do so ? Please contact our office prior to making irrevocable travel arrangements to discuss your plans. did your employer provided you a copy of h1b petition application to you? i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. Do I need to leave the country ? You should try to transfer before they withdraw. I would list where you are working right now as current employment. Is that petition is valid now ? 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. A copy of your DS-160 receipt. http://www.happyschools.com/ask-an-attorney/. Hi Raghu, I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. Please do not make plans to travel outside of the U.S. without contacting our office first. Should I Marry an American Citizen to Stay in USA? currently embassy is not operation for normal window due to COVID 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. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Hi Raghu, *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. When should I go for stamping looking into the current corona situation. ?Could you please advice me on the same? I have been postponing travel abroad because it is not suggested while approval is in process. can you tell me do i need to pay the complete fee or no. after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 Travelling to US for the first time. A: Status changes are handled by USCIS. This may help a consular office understand that your work does not have potential application for national security or terrorism. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. If travel is required, advance planning and early visa application are critical. My friend is going to graduate with MS in the 1st week of may 2013 (next month). 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). Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. 1. After you change to Company B, you will submit New DS-160 with company B details. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. My friends are telling like she should give some 221G atleast if she needs to hold approval. 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? caroline. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. OR Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. I hope i could find an answer to my question . 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. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. Kindly guide me what should be my next step. Ask it via Ask an Attorney ( through this blog ) Currently I am working for company A and my H1b got picked up this year. 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. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. My Visa interview is happen on June18th and counselor has taken my passport. 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 had filled H1B first time and was approved in Ocotber 2016. Can I travel to home country and return without getting my H1b stamp? My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. But I too am in a same boat, Hey Raghu. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. 3) If I can and should then Whats the procedure ? Were you able to find out whether we can apply for COS or how did you go forward? 2. Can I put resignation and wait to join other employer ? My employer files an H1B cap-subject petition for an F-1 student on April 1st. So, I think you cant go back. Hi, Could you please let me know all the possible options? 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. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. If this happens, please contact us so we can discuss how to maintain and extend your status. But I have left from the company which applied my H1B. 1. Living within US without COS? My situation is similar to yours. Now, my current employer is asking me to leave the country as my petition was denied. 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. Now My question is. H1B Approval notice sent to employer. 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. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. My current H1B visa expiring in 31 Dec 2016. And now his petition is getting expired in july 2011. 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. Also, i have a b1 from the present company. As you said, many of us are still awaiting the H1B approval. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. I got my stamping done in Jan 2019. Your emoloyers attorney should answer this question. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped Whether my H1B will be denied etc? You are on H1 and you should get paid! If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. 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. 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. 7. I agree with your attorney. I have only LCA ETA form 9035 & 9035E. Currently i am staying in Kuwait for some project work. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? can I travel and come back without any problem? This includes changes in work location, salary, and job duties. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. 3. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Thanks Raghu. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. Let me know what does my status mean . Please can you share pros and cons for both the options or are they correct options to chose. Should I go to my home country for H1-B visa stamping or it is too risky for me? People are still waiting for H1B results filed in April 2015. No you cant. I am on F1-OPT, and my H1 gets valid from Oct. 1. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Please respond. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). What are the time lines for this modification?? So they requested a data fix to SEVP to fix my SEVIS record. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. Or should I do the same my employer has asked me to do. Also, please suggest if people are getting their H1B approved? Can I transfer my H1B without working with employer Y before October. currently iam in USA Will this be ok? Should amendment be filed before Oct 1?? Change of Status(COS) or Consular Processing (CP). 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. Some changes may require an amended H-1B petition. Replied Rfe in November , still waiting for results. My H1B got approved from dec 31 2015. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? Now my doubt is will my h4 will be questioned if I go to India. Are you able to transfer? The H1B visa transfer process is as follows: 1. I applied for H1-B in 2007 and it was approved. If yes how.? I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. I have both passports with me. My attoryney applied for an amendment on June 2nd. He just received a mail from university that his sevis is terminated and out of status now. But, theres no status for mailing the notice. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Current Location India Can I go for H1b visa stamping this year with the petition approved documents? Published research and other works that are in the public domain should be included in the resume. ( OR) Any help would be appreciated in clarifying the following questions. 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. 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. I feel really frustrated by all this bureaucracy. are there any issues? Plus, check to make sure your H1 is not withdrawn. My employer saying till january I may have to wait. 1. I can return back to work to the same employer or different employer after few months. If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. Please review this material carefully. Will the company C file new H1B (on what basis) . In 2004, the U.S. But due to unavoidable situation ,I need to travel to india. I found your video really helpful to understand the process. Not advisable . I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. or will it be a new h1b and i will be placed in lottery? So questions to you are: 1. Only when you travel. However I have a bit tricky situation. Case 2: My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012. So he could start working again at least until April 2020. reagards 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. Check the Processing Time, usually, H1B and H4 gets approved at the same time. You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. Based on that the following are the cases that I landed up). I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. My current employer Dell India wants to me to work for them in Austin. The new employer transferred his H1 again and it is in premium processing currently. Do we need to visit counsellte again for stamping? I went to PAI on 11/18. I had not scheduled my visa interview, and I didnt join that company. It will say Post-Decision Activity. 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. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Thanks. Hi Raghu, I am awaiting for documents from my employer. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. No. Hello, 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. Any help will be really appretiated.Thank you all. I currently live in the US. Waited for i-129 approval but dont want to waste the chance of F1 visa. Theres no wait time. That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. I think 6 years will start when H1B status is activated. 2. 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. Hello raghu, thanks for sharing the information. Consult and attorney. 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. 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. Please let me know, Hi Sharad. thanks for this updated information. Nationality- Indian If you live outside the United States, you can schedule your H1B visa interview. If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? and want to convert my visa to H1B visa next year. Now i am leaving current employer which files H1B & joining another employer. 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. If you told for me to went there and got the stamp when would you suggest? I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. I think your employer can extend H1B petition up to 6 months before. 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. So in that case i need to attend visa interview again to make my travel. Hi, My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. I need to go outside US for visa stamping in order to start working and return back with COS. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Did you transfer your H1B to your current client without working with Employer Y? 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. Is there any info for attending visa interview in India? You should review all of this information after each H-1B approval. I am very new to this blog. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. My change of status wasn't approved, so I will have to leave and get my visa. Second, submit a change of status application. Help H1b extension is taking about 5 months for regular processing. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. 2. as i will be traveling to my home country that time. 2. Unfortunately, there is no empty pages left on my passport. I got married after 10 days of my H1 stamping. Travel, whether for personal or professional reasons, can be an exciting . Now my question is can I change my employer in May/June immediately after getting approval ? Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. Visit this page frequently to know the latest updates. Is there any company who can do H1 B visa can just reply me. Documents related to your H-1B petition. If my employer file for extension with the start date Jan 2nd 2019. i have new employer and will file h1b cap counted next week. I am looking to file H1 visa. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. 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 My case is approved for H1 B cap for year 2017. On April,15 a Company A filled my H1 work visa. Please answer this question I just got my H1B approved. ( There is a requirement of paystubs please check with some expert on how many ), 4. You have to understand the concept of H1B Visa and Change of Status. I have valid H1b petition until 2014. Current Status OPT My OPT extension came in effect from 10/01/2016. Company B is a consultancy company. I also got a 5 motnhs gap in my OPT period. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. 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. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. interesting how to apply for dutch passport ? You can start working on H1 as per the Start Date listed on the Approval notice. Please help me guys, I am totally confused on this. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. My OPT expiry date: 03 Jan 2017, Question I have is my husband was in F1 and went ahead with divorce. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Then comes H1B Visa approval after a long wait. My Employer file H1B visa under Premium processing. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? Stamping before OPT expires Hi HSB, We dont know what will happen to H4 EAd. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. HI, I am in India. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. 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. Do I have to await the approval notice before joining the work force? Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? But I am considering the former option. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. If your visa application is approved it will be processed and mailed/available within 2 business days. I think I can work as consultant initially and transfer H1B. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. You can alter the auto-generated information to tailor it for your dependents. What should I do now ? Its very helpful. Will I have to go for stamping to stay in the country? They would have to file COS from H4 to H1 ( and they can do in Premium). Any people in my situation and got information regarding this,help please. my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. Visa Validity Get approval, then stamping. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. Currently I am in my post completion OPT. Its would take less than 30 minutes to get a new DS160. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Traveling While Awaiting an H-1B Extension. 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.
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