The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. A travel letter template for your employer to complete before you travel can be foundhere. Talk to your Employers attorney. Dose the h4 extension approval usually takes this long after the h1b is approved ? I am working for company A on L1B. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Is it dangerous? Is this a right thing to do ? What are all the details/documents required for scheduling the interview? I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. USCIS now provides a copy of the I-129 petition directly to US consulates. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? Current Status OPT Myself Bhanu. What will the case status online if COS is denied and H1b is approved ? Could you tell me what happened to you case? In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. also one of my friend lost his 221G how can we get the copy of 221G? Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. My Employer file H1B visa under Premium processing. 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. 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. 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? If I leave my current employer, then Can I get it stamped on my own/new employer/US company? Or my H1B has to be stamped in my passport to be eligible for employer change? My extension of H1B i129 was approved last week and I am living within US now. Activation of my h1b is October 1st 2016. In 2004, the U.S. 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. Any help would be appreciated in clarifying the following questions. 1. 08 Aug 2022 In 2004, the U.S. 1. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. I94 validity and with what Visa Type Thank you in advance . My i129 petition has been approved without change of status from h4 to h1b. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. I have sent them my approval notice also. 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. 4. Hi now I am on opt ead and my husband is on f2 status. Hi Raghu, I got my first H1B approve in Sep 2011 for 1year. There will be a visa fee of at least $190 for each machine-readable visa issued. Do I need to go back to india for stamping or can I continue with h1b? 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? 1. Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. Hi, Please suggest. But now new i94 , my first name : fnu and last : xxx yyy, I went to apply SSN but they were not able to see my records. My H1B has been applied from an MNC and it got approved. This may help a consular office understand that your work does not have potential application for national security or terrorism. Is there a way to track the status? so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. Please advise so that i can plan accordingly. Please do not make plans to travel outside of the U.S. without contacting our office first. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. if so, what should I do for a month? Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? Consultant with whom i processed my H1 is no longer reachable. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Hey Please schedule a 15 minutes call. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. 1. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. 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? 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. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). Meanwhile he was unable to attend residency and makeup session class in his last semester. If would get the degree. Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? Such guidance does not carry the binding force of law or regulation. I am in the middle of finishing my last semester of school. 1. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S I am on F1 Opt working for a company. It seems in either of the two cases I have to attend the visa interview in the home country. Can we come back on L1 visa. I am searching for consultancy firms who will file my H1B visa. Visa processing times and questions can be stressful at times, thank you for replying to the queries. case created:15th June, Case updated:18th June. Hi, But, theres no status for mailing the notice. I still did not receive my Else, it can take months and theres not time limit. You don't have any gap. Some changes may require an amended H-1B petition. What are the time lines for this modification?? Sorry, I dont know the answer. 2. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Hi, So how long does it take to have visa interview (in genaral). Ive tried the CDN immigration website. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. But the office location is different and the new address of residence is different state. Then link the new DS160 to appointment confirmation (via travel docs). Thanks!! 1. There is an option to have your first H1B visa stamped in Canada. So questions to you are: 1. My Visa interview is happen on June18th and counselor has taken my passport. Since then i am in india, and did not attend US consulate for stamping. Thanks for asking. My question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? i have new employer and will file h1b cap counted next week. 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? 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. His wife came on h4, now got h1b through lottery. Is it mandate to get the stamping done and travel to US during the validity period. Hi, But I have applied from third party employer and now due to pandemic situation getting new project is difficult. If I go for stamping in India for H4b will I have any problem ? If you had approvals in the past 6 years, then you dont count in the lottery. What documents should i carry in both situations(processing time and after acceptance of H1B). Company B is filing H1b for me. What is Premium Processing? However, we cannot predict if you will face any issues unless we have more information about your specific case. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know I have a question. Most visa applicants must appear at a consulate for personal interviews. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Please contact our office before making travel plans. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. or will it be a new h1b and i will be placed in lottery? Can I travel to India in March ? Hi Raghu, Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. Are some people still awaiting their h1b visa approval? I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. I am bit worried on this status, can you please help me to understand this status. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Please be sure to do the same for your dependent(s). Prior to this my OPT ended on 09/26/2016. Could you please tell me how much time it will take to receive the Approved petition. But before interview i will get my new H1B extension petition. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. I had filled H1B first time and was approved in Ocotber 2016. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. You have to understand the concept of H1B Visa and Change of Status. Do I have to await the approval notice before joining the work force? I filed the petition under masters quota and with COS . Now my employer is telling me to go for stamping with client A documents. an assumption, I have authorized CPT and went to India on vacation. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . 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. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). 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. Do I need to leave the country ? Once I check that my H1B is approved on the internet, can I start to work right away? and stamping. I would appreciate any advice on our case. You can go for H-1B stamping to your nearby American consulate. Thank you so much for setting up this website and blog. Please share on who did you handle that circumstance? I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. 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 ?. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Is there any info for attending visa interview 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. Your Please follow any instructions provided by the counslar at the time of your interview. My employer resubmitted documents and USCIS received it within the RFE response date. I have been with this employer before my change of status. I would list where you are working right now as current employment. You can consult one from our team https://askanattorney.happyschools.com/. Hello, So when my transferred petition approves i would be having only 4months from the visa expiry . If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. We sent you a notice that explains why we moved your case. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Hi Raghu, Right now, I am on Post completion OPT and it ends on Feb 2021. (or) Am I suppose to have October pay-stub i..e on H1 status. 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. After going to India if i will not get stamping in India, So I think I lost my visa status. 1. You should try to transfer before they withdraw. During this period, prospective petitioners and representatives can complete and submit . Am I considered out of status ? would there be any problem returning US at the port of entry ? That will answer all your questions . However, there are a few things you need to know before you travel. I wont have time to get my visa changed over to H1B during this trip. In order to apply for change of status, the applicant must still be in a valid status. Is i am eligible to stamp by next employer OR my petition is waste. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) 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. Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. As you said, many of us are still awaiting the H1B approval. You need paycheck only if your started working on H1. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. Thank you in advance. This means I will not be able to transfer it to a new employer. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. You have 3 options. You can start working on H1 as per the Start Date listed on the Approval notice. I am on the place as you are. if yes then how. 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. My H1 is starting from Jan 01, 2011. Shilpi- did you get an answer to your query? I am Ram. Can I go for stamping here in US consulate rather than going for stamping in India? Here I got some confusions.. 1. You dont have to wait until September or October to get Visa stamping for H1B. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). Please let me know. It got approved on 12/06/2016. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . are there any issues? I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. Thanks for your response. What should I do now ? When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. 2. I just wanted to know the risks in traveling to India now. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. Hire Us. 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 ? The intervening admission to the U.S. does not override this later effective date. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. So, will my last year case have any impact on this year, as I didnt go last year. Travelling outside US when H1 B is under process is that a problem? 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. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. @Fanny We don't provide legal help. Can I join B without any issues/legal hassles? I am on F1-OPT, and my H1 gets valid from Oct. 1. Will there be any issue with that on stamping. My friend wanted to take the legal action he is having all the proof when the money transfers etc. my time period exceeds means from india i can Apply my H1B or not. Else when is the earliest to do that?? Same company, same role. Thanks. 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 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. It has already been 6 months since i received my approval. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . ( OR) within 2 weeks. There many waiting to attend interview who got H1B approved last year. Please advise. 2. I currently live in the US. I just graduated with Bachelors in Computer Engineering from a US university this august. Hello Everyone. Talk to your attorney. I am getting my H1-B start date as 1st Dec 2010. You get the original in 2-3 working days. Please let me know if this is advisable and if not what are the consequences. I am currently on L1B visa in USA. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Total stay in US No I9 and I94 are different. However, i have also pursued a masters degree in Environmental science with which i am working right now. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. I am currently in US on L1 visa and checking options to moving to h1b visa. 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. If H1 done vs CP, then you will stop working when you enter the US on H4. But I am considering the former option. Total stay in US- Never been to US A: Status changes are handled by USCIS. Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? Do I need to go for stamping again after his H1 gets approved with new employer? I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Any people in my situation and got information regarding this,help please. Now in ds160 I have filled new passport details. Same company, same role. 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. 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. Again i m talking abt having multiple amendments ( not transfer). I also got a 5 motnhs gap in my OPT period. Hi Arun, I went to PAI on 11/18. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. or is that an approval notice? My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. I wasnt planning to go to India for H-1 stamping this year. For how much time can I be on this visa without stamping? Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. The H1B petition is approved on October 27th. Heres a list of documents required for H1B Stamping. On April,15 a Company A filled my H1 work visa. Now My employer requested me to come to USA. Currently on a Project 2. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. It should come to you within 2 weeks. Could you please provide the procedure in this case. 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.
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travel after h1b change of status approved