Im on F1 Visa Status currently working in USA on STEM OPT. Thanks -Padraig. I am currently working as a full time employee Programmer analyst in e-verified company. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. If my husband visa gets approved by nov15, do I need to wait for the documents? Currently I am in my post completion OPT. After going to India if i will not get stamping in India, Even when I work in consultant, is there any process that should be completed before I travel from India. Your H-1B photograph. 2. My H1b approval is expired last month. Can I get to continue to work with my current visa status (L1, L2 or OPT)? Now My question is. Why not get H1B stamping and enter US? My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. Now my employer wants to apply for change of location, so I want to understand that once my company applies for an amendment to change location and it is approved, do I need to go to my home country to get it stamped or it is not required until I go outside US? The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . Im not sure where you can attend the visa interview from. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. Consult and attorney. P.S: also my husband will join me in the US. Can i be denied my h1b visa stamping because currently i am not teaching? Total stay in US Can he transfer Visa or will apply new visa? Sumit, if you want faster processing, then convert to Premium. I dont know the answer. Went for stamping in Hyd and the status is pending. You dont necessarily have to start working on the start date. Looks like you have figured out the best path and as you said, theres no ideal option. Hello, My question is what are the consequences of not having the visa stamped immediately. Id have a question. Thank you for the answers, Rao and Raghuram! Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. (The LCA received is having the old address). can i re-enter USA on my F1 visa without any issues in port of entry?. 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. If yes then what would be the approximate cost of status change ? I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? Copyright 2005 2022, MURTHY LAW FIRM. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. You can start working on H1 as per the Start Date listed on the Approval notice. DEC 2015 still waiting for final decision .. Do we need to visit counsellte again for stamping? Thanks!! 08 Aug 2022 In 2004, the U.S. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. What happened ? 1. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. 1)i have opt extension up to 2018 july is still valid or not?? Depending on your status change. 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? This year if I want to go for a job or higher studies in US. Sorry, I dont know the answer. Such guidance does not carry the binding force of law or regulation. Thanks !! I got my H1 approved and it starts from Oct 1 2009. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in.
Travel while H1B Pending (Extension, Transfer, Amendment, COS) Would i have to explain why there is a gap between my approval and commencement of work? My L1 is valid until Jul 2012 and H1B until Nov 2012. Approved H-1B Visa Petition with Change of Status. Congrats on H1B approval. You are on H1 and you should get paid! HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. Ask your attorney or submit this via Ask an attorney by Email. Travelling outside US when H1 B is under process is that a problem? if yes then how. 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 case status is as follows: 1. https://askanattorney.happyschools.com/, Hi , I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. Mine got approved on 12 Nov, Still waiting for 797. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Why are you giving incorrect info? By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. And new passport have details of older passport in it. If COS is approved, your L1 is gone! I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. Is there any risk involved in it? All the numbers I try online dont help. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. Here I got some confusions.. 1. My current H1B visa expiring in 31 Dec 2016. kindly help me please. Hi Raghu, 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? Is that realistic or did we mix things up? You can ask an Attorney here http://bit.ly/hsb-ask-attorney. A DHS memorandum dated May 16, 2000 states that an alien in . And petition validity is till October 2013. Checking the feasibility of changing employer If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? 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/*.
COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog 1. Post the question to Attorney Murali via Ask an Attorney. Published research and other works that are in the public domain should be included in the resume. It counts based on effective date or expiry date? 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. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new 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. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. Your employer will file H4 visa along with your H1B application. My status got changed from H4 to H1. Raghu, 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. can I travel and come back without any problem? My H1B lottery is picked up this year. P.S. Congrats on your H1 approval. I got my first H1B approve in Sep 2011 for 1year. Will it create problems during H1b stamping in India during interview ? However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 card will expire on the date your passport expires. Work for Company A generate at least 2 pay stubs and then do the transfer? USCIS publishes these figures on a weekly basis. Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. I am getting my H1-B start date as 1st Dec 2010. How soon I can change my employer ? My petition is approved for the year 2015. I have responded to an RFE and am awaiting the final approval, hopefully. Am I correct? My organization inititated HNSC request premium as My current visa will expire by 31Jan . Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. My H1 got approved in August. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. OR And Ill be working remotely. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? and want to convert my visa to H1B visa next year. 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. 1. Thanks. When can I start working for the employer? Always consult an immigration attorney to get your questions clarified. I just got a new Job Offer, is H1 transfer now a good idea? Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. 1) I need to travel to India between April and July, will there be any issue? There will be a visa fee of at least $190 for each machine-readable visa issued. While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. But I havent taken ay next step considering the COVID situation. E2 EAD maybe better then H4 EAD. Is that ok to start working in regard with my status? Talk to your Employers attorney. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. 1. Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Now my employer is telling me to go for stamping with client A documents. If you have the approval notice for H1B, then can apply for H4 now. I am bit worried on this status, can you please help me to understand this status. Suppose assume that im transferring in next month December. If I go for stamping in India for H4b will I have any problem ? I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? 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. In the question posed, the petition and the change of status had been approved before the person departed the U.S. Hi HSB, 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. Or do I need to work with employer Y at least few months? But I have applied from third party employer and now due to pandemic situation getting new project is difficult. I am applying for H1B COS on 01-APR-2017. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? I just got this notice, but does it mean I got approved to technically be H1B status? I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? Can you please tell me what shud I do to correct that ?? Or should I choose the drop box option after I get my initial H1 stamped. In this scenario do I need to go to home country for H1B visa stamping? I am a little confused as to when to have my visa stamped. I need to travel to India by this month end. I have got a questions when you received all the documents to get your visa stamped. Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. So, seek legal counsel in this case. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. You will eventually need H1 stamped right? If I leave my current employer, then Can I get it stamped on my own/new employer/US company? 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. I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. 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. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. If you move before you receive the notice, call customer service at 1-800-375-5283.. As you said, many of us are still awaiting the H1B approval. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. What is the consequences of never stamping or late stamping ? I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. If H1 done vs CP, then you will stop working when you enter the US on H4. 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. Your employer will provide you the I9 form to fill for them and it's only after your joining! My H1-B visa got approved and I have my H1-B authorization form(I797) and H1-B receipt notice and hence Im travelling to India to get my H1-B visa stamping. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? 1.
Do you need New H1B Visa Stamping after Transfer? H4? FAQs If i find a new employer will I still be cap exempt? They may refile or do a MTR. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. Does this mean they sent the reciept that they received our request? 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. Please respond. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. currently iam in USA Do I need to get a date from consulate to get H1B Stamping in India? Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. You can start working only after the start date on I797 approval notice for new H1 petitions.
H-1B Approval, I-797A Notice: Must Know Info | VisaNation Please suggest I am in huge confusion and tension. 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 H1b got approved for Fiscal year 2015 on 5th Dec,2015. 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. Please let me know what would be scenario. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. 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. Waited for i-129 approval but dont want to waste the chance of F1 visa. document posted to employer and I am a resident of UAE and Indian Citizen, Should Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? My H1 transfer is approved by employer B (new employer) and I received an approval notice. Kindly reply. You dont need stamping. 3) However I left my employer who had filed my petition in February 2012 to join a new company The approval notice shows same i94 number as h4 when she entered the US. So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . I am currently in same situation. We are planning to upgrade it to PREMIUM . Visa processing times and questions can be stressful at times, thank you for replying to the queries. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . I have been with this employer before my change of status. caroline. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Can I put resignation and wait to join other employer ? My employers attorney has filed a service request too with USCIS, but no updates yet. 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. I got my h1b petition approved filed by my previous employer couple of days back. Can you please help me in understanding what should I do? She came to US in H4 Visa in 2009. reagards You should have the approval notice (I-797) form. Looking forwardat your best advice. My H1B premium process petition denied last month, now what could be the next step? I94 is generally used for your entry and exit in US. They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4.
AVR to travel back to US with no H1B stamping and expired H4 stamping Visa Validity 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. Your Case 2: 2.What are the options to get a valid I-94, without going back to my home country for stamping? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? Quick question- I received the COS from L1B to H1B two days back. 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. Only when you travel. I travelled India when he was on H1 status and I do have visa stamping till March 2019. I would wait for the approval notice. http://www.happyschools.com/ask-an-attorney/. 3. what wil happen to my H1b? If you live outside the United States, you can schedule your H1B visa interview. Did you get the answer of yr question? If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. I got my stamping done in Jan 2019. Yes, you can use the 1 year validity passport to go for visa. Is there any dependency of result of one amendment on the other. So what shall we do ? 3. wat would be the best option for me to travel to India in this situation. I am taking appointment for H1b Stamping and H4 visa for my wife. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? I have the same doubt. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. pls suggest your valuable guidance. Can I travel to India in March ? As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? How can i go to US now ? One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. Be practical. Hello Raghu, I would list where you are working right now as current employment. 1)My H1-B was filed using I129 in November, 2011. ( was on H4 earlier). 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. Hi, I am awaiting for documents from my employer. 7. Is there a final date where I would need to take on my H1B visa? 1. You have to talk to a few attorneys to find different solutions and then pick one. I am still waiting for I797 from my company A. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. Got message: Sorry. Hi, *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Hi, Heres my opinion: Could you please let me know all the possible options? My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. Should I cancel my H1B ? Please share if you get any answer so to your question. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. I got a new project with a start date Jan 2nd 2019. as supporting documents, if asked. Talk to an attorney https://askanattorney.happyschools.com/. Again i m talking abt having multiple amendments ( not transfer). Please help! Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. I want to transfer to new employer once i got my 797. 3. Dont have an ETA. I got my H1B application approved and also done with the stamping on may 2012 . Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. Ganesh Thanks for highlighting it out. Applying H1: Apr1st 2016, Which one is the better option? Some people are waiting in India without having an opportunity to travel with H1 approval. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . When your legal stay/status in USA could be affected, always seek legal help. I applied for H1-B in 2007 and it was approved. please let me know how many days before the expiry date i have to reach US. Thanks. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. I have applied for premium H1 extendion this week. The original I-797 approval notice. What should I do now ? My question is how many days do I have before I join the work and use my H1B status ? I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. I've received all H1B related documents from my employer.