After 30 days, it will have to be done through an extension with USCIS. I am currently living in USA and working as a full-time employee with the same employer for 2years. How far is this info correct? Would my H1B visa expire at some point if I do not adjust my status? Thank you in advance for your kind understanding and cooperation. We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. I have to make lot of assumptions since you have not mentioned your current status:- 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. Now I can utilize the same Petition number to other Employer. I am go to apply for H1 B extension. Im not sure. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. 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 ? Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? My start date mentioned in the petition was Nov 1. I want some time ( may be 1 week atleast ) to resign from present employer. Sorry, They gave Master service agreement and PO copy between them and client. Could you please provide the procedure in this case. Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. I have an active L2 EAD and I am working at the moment. is this usual? Hi Raghu, H1b extension is taking about 5 months for regular processing. Hi, 3. Is her H1B approved on Oct 2008 is till valid ? So, I think you cant go back. Second How tough to get H4 Visa? https://www.happyschools.com/ask-an-attorney/. Travel in H-1B Status - Johns Hopkins University My OPT extension came in effect from 10/01/2016. 9. As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Can i be denied my h1b visa stamping because currently i am not teaching? 3. Extension of Post Completion Optional Practical Training (OPT - USCIS 1. Hi Raghu My case is similar to Abhisheks case. I have applied for SSN in near by office. Now I have a tricky time my current client offering full time. If my employer file for extension with the start date Jan 2nd 2019. Education US or non US ( there are certain quota for US Masters Degree or PHD students). I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Raghu, and want to convert my visa to H1B visa next year. And Ill be working remotely. I think you have to wait for the notice to reach your employer. Please let me know what would be scenario. My case falls under h4>h1. I am applying for H1B COS on 01-APR-2017. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). and my last day in the organization was 11/16/2018. Our company doesnt support E-2 Visas anymore. You should review all of this information after each H-1B approval. Do we need to visit counsellte again for stamping? I am travelling to India in the second week of October and will have to get my H1B stamping done in India. Later, you may jump ahead to certain sections. thank you. 1. I am very new to this blog. hi Raghu Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? This processing can take several weeks. 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. Yes. Talk to an attorney ASAP to know your options. I am in india right now. Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). So can I continue working on my L1B visa till will get new project from this third party consultancy ? E2 EAD maybe better then H4 EAD. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? 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)? 1)i have opt extension up to 2018 july is still valid or not?? I am currently in India, I got my H1B Picked and yet to be approved. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. It would be of great help if you can answer me the above questions. Hello, I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Now, I am wondering if I am unable to get the above position. Is there any consequences in the case? But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . Will my visa become invalid or will it still be valid after few months? If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Is it possible to transfer it to my new employer. So, will my last year case have any impact on this year, as I didnt go last year. Next Steps After H1B Visa Approval - Change of Status or Stamping Should I Marry an American Citizen to Stay in USA? You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? We are currently stating in US. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. I have not gone for stamping yet. It seems in either of the two cases I have to attend the visa interview in the home country. Check the Processing Time at USCIS page. or can I go to any country to get H1-B stamping ? Also after receiving my I797 notice, can I go and apply for SSN? Will the company C file new H1B (on what basis) . Questions about affecting your status should be posted to an Attorney . Hello raghu, thanks for sharing the information. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? They may refile or do a MTR. My Green Card process may start early next year. 1. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. Refer to US Consulate website and Required Documents list in this blog. I would like hear about your experiences or your advises on H1B visa stamping in Canada. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. Whether my H1B will be denied etc? 2. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. My friends are telling like she should give some 221G atleast if she needs to hold approval. Yes, you can use the 1 year validity passport to go for visa. Will that be enough to show employer and employee relationship or still end client letter is required ? You have to get the documents first. I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. Talk to your attorney. You can also request a "Travel Letter" from our office. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. How long does it take to recived the hard copys to my petitioner? I have couple of questions? Close All Open All Cap-Gap Extensions Eligibility for an Extension H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. A copy of your DS-160 receipt. Or my H1B has to be stamped in my passport to be eligible for employer change? There are two steps involved in changing visa status from H-1B to F-1. Work for Company A generate at least 2 pay stubs and then do the transfer? 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 I wasnt planning to go to India for H-1 stamping this year. I still did not receive my 15 calendar days to get the decision. Copyright 2005 2022, MURTHY LAW FIRM. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. However, there are a few things you need to know before you travel. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo Travel After H1b Change Of Status Approved Please suggest me. The H1B petition is approved on July 1st. 1. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. What should I do now ? It can take four to six weeks or longer for visa appointments. Can I go for H1b visa stamping this year with the petition approved documents? I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. 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 a family emergency and that made me go from 19th of september to 24th of september. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog What are all the details/documents required for scheduling the interview? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Travel Tips for F-1 Students on OPT or Planning a Change of Status to H There many waiting to attend interview who got H1B approved last year. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. You can apply for your visa stamp in a Third Country such as Canada, or you can apply in your home country the next time you go home. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. You should ask the same questions to an Immigration Attorney. In order to apply for change of status, the applicant must still be in a valid status. But, you would need a valid US visa (other than H1B) to re-enter the USA. Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. I am in the middle of finishing my last semester of school. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. If you have your H-1B approved, have to get the H1B stamp before entering America. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. 2. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know A travel letter template for your employer to complete before you travel can be foundhere. My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. Quick question- I received the COS from L1B to H1B two days back. Get approval, then stamping. I am getting my H1-B start date as 1st Dec 2010. Kindly guide me what should be my next step. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? Mine got approved on 12 Nov, Still waiting for 797. 1. Is this a practical scenario? 2) when can i go for the stamping?? 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. I wont have time to get my visa changed over to H1B during this trip. Please Help. I will NOT be travelling out of the country. What is Premium Processing? Hi Raghu, You should check if Transit Visa is required for Paris. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. 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. an assumption, I have authorized CPT and went to India on vacation. Iffurther information is needed you will be contacted. After your H1B Visa is approved, you have to follow the path back from USCIS. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. Hi Raghu, My question is, where do I go to receive this stamp I read about ? You will eventually need H1 stamped right? Can we come back on L1 visa. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. (or) Am I suppose to have October pay-stub i..e on H1 status. Please let me know if this is advisable and if not what are the consequences. Or do I need to work with employer Y at least few months? For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. We sent you a notice that explains why we moved your case. I just want to know what all documents I have to collect from my employer. Please help me by providing answers to these questions. list of documents required for H1B Stamping. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. Im on F1 Visa Status currently working in USA on STEM OPT. 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. Can i still get my H1B stamped? So, seek legal counsel in this case. But due to some issues I am not traveling and will be travelling in 2021. Can some one help me to find what is the ideal solution? USCIS approved my I-129 form a day before Trump announced federal hiring freeze. My employer has given me all the documents that he has received from the attorney. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. We have applied for the extension and we have got the receipt. Hi, Can I travel internationally when H1b is approved but not - Quora For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. I got a new project with a start date Jan 2nd 2019. my status showing as below. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. 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. Is there any other way to expedite the process or get information from USCIS. You may begin work for an employer while your application for a Social Security Number is pending. USCIS now provides a copy of the I-129 petition directly to US consulates. So did you apply for STEM extension? 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. H1B from withon previous 6 years will not count under Cap. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. towards the end of 6th year. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? But employer says that he has not yet received the 797. Appreciate any help on this to get the SSN ASAP for her to . What documents should i carry in both situations(processing time and after acceptance of H1B). Both of our visas got expired as of sep30. I must have to visit India from Dec2 -Dec28. 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? and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Ive 4 years work exp. But before interview i will get my new H1B extension petition. Instead of checking Change of Status, they indicated that I am outside US. Will he be able to go and attend the stamping? USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt Will the company C transfer H1B (I dont have pettion copy or approval notice with me) It should come to you within 2 weeks. You dont need stamping. Talk to an immigration attorney with new rule about location change. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status After approval of my petition, how long can i wait for change of status or getting stamped ? You need to apply via lottery. H-1B Approval, I-797A Notice: Must Know Info | VisaNation H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. When your legal stay/status in USA could be affected, always seek legal help. 2.In the Supporting letter from my Employer States that i will be deployed at end Clients business premises and our Employer Business premises This means i may work on In house or Client Project I dont have any Supporting letter from Client , I have it only from My employer will this would be enough. Is there any special rule for this type of scenario? Hi Raghu, You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. can i take got visa stamping with that case ? But She didnot gave me any slip but she got my passport and the H1B amendment reciept. I have received i797c notice of approval. Now I have a valid petition and stamped Visa both valid till Jan-2023. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? Talk to your Employers attorney. I have got a questions when you received all the documents to get your visa stamped. 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. You should consult an attorney to see what options you have. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Shanvi. caroline. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? I live outside of the US, and only 10 days to find apt and get ready to work?? I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? I had my H-1B petition approved from last year, but my employer is asking me to wait since the job situation is not good in the U.S. What should I do. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. A copy of you VAC-stamped DS-160 confirmation page. Ganesh Thanks for highlighting it out. My H1B status is approved . I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. I applied for H1-B in 2007 and it was approved. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) 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. 1. 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. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! The case is approved on August 23, 2022, with a change of status from F-1 to H1B. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. Suppose if August 2021 this is not stamped then what is the further option? Now my doubt is will my h4 will be questioned if I go to India. 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 ? Consult and attorney. Your question boils down to one sentence DO you need Transit Visa for France? Not its not valid. Can my employer file for an extension considering that I havent entered the USA with the initial/current petition and do we have to file for an extension before current one expires considering that I havent entered the USA? You will need to talk to an Immigration Attorney for your situation. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. 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. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Now in ds160 I have filled new passport details. 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. So can we file one more amendment without any issue when the previous petition is still in progress? But during H1-B stamping what should i defend, if questioned about this? Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. Use the https://forums.happyschools.com/ for Q&A. 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. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. I moved to new the address now (Different State). If you have the approval notice for H1B, then can apply for H4 now. However, i have also pursued a masters degree in Environmental science with which i am working right now. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. So, I have 2 questions: 1. I have my H1B visa approved. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. My H1 b petition is approved 2008 June , I didnt went for stamping . 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. 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? I cant advice on questions affecting your legal stay in USA. I got my H1B approved for the year 2012. H1B Visa 2024 Lottery Predictions - How Many? Analysis, Results I am Ram. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. 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. Where are you getting information that you need 3 months pay stubs? Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Thank you so much for setting up this website and blog. 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. My attoryney applied for an amendment on June 2nd. 2. Please share on who did you handle that circumstance? 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. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice Id have a question. Please set aside time to complete this form. It is really helpful for the candidates like me! 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. 2. Can I get to continue to work with my current visa status (L1, L2 or OPT)? When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. Could you kindly please provide me some guidance on below question? If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. Be practical. Please advise. 5. The DOB is in the new I-94 which is at the bottom of the I-797 document. Hello, 1. But the office location is different and the new address of residence is different state. Can I attend the interview by oct-09? I have the same doubt. Will there be chance for getting stamped if I attend the interview late? 2. Case 1: HI, currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. I have been postponing travel abroad because it is not suggested while approval is in process.
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