Published research and other works that are in the public domain should be included in the resume. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? I am not sure how strict the immigration about it. My H1 got approved this oct6 from California center. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. I have a question about changing of visa status. What are our options ? what wil happen to my H1b? If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Prior to this my OPT ended on 09/26/2016. I have already used my OPT and OPT extension. and want to convert my visa to H1B visa next year. Is i am eligible to stamp by next employer OR my petition is waste. I am a little confused as to when to have my visa stamped. My L1 is valid until Jul 2012 and H1B until Nov 2012. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. We dont know what will happen to H4 EAd. Hi , 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. For some personal reason, I am quitting my job with present employer( who filed my h1b). or is that an approval notice? 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. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? But with some personal issue, I need to travel to India in the 2nd week of April 2019. How do I make this appointment, and with whom? Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. My attorney recommended that I should not travel to India until next summer. Dhara Your email address will not be published. 6. Should amendment be filed before Oct 1?? 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? I am in india right now. Refer to comments policy. Currently I am getting interview date of March 5th. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. Hello, I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. I agree with your attorney. 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 ..??? You will eventually need H1 stamped right? Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? If not what should I do ? Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Now, my current employer is asking me to leave the country as my petition was denied. Hi, But I havent taken ay next step considering the COVID situation. I m doing Msc biotechnology. My employer says it could take upto 4 weeks. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. I was on F1 and recently changed from F1 to HIB. What you need to do after your H-1B visa is approved But due to unavoidable situation ,I need to travel to india. 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. I have a family emergency and that made me go from 19th of september to 24th of september. This option is explained here for the benefit of MurthyDotCom readers. Could you please tell me how much time it will take to receive the Approved petition. Im yet to get the mail . 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. 2. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. 2)Got an Approval Status on March, 2012 Help My OPT expiry date: 03 Jan 2017, So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? 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 ?. But company x filed my petition when I was in place A and two months it moved me back to place B. Refer to application form I-129. If your visa application is approved it will be processed and mailed/available within 2 business days. If you have your H-1B approved, have to get the H1B stamp before entering America. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. Copyright 2005 2022, MURTHY LAW FIRM. Your H-1B status is valid until the end validity date of your most recently issued I-94. Get approval, then stamping. We are planning to upgrade it to PREMIUM . However, i have also pursued a masters degree in Environmental science with which i am working right now. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. During this period, prospective petitioners and representatives can complete and submit . approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. I have applied for premium H1 extendion this week. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. 4)Can the new company utilize my approved petition? What documents should i carry in both situations(processing time and after acceptance of H1B). Check the Processing Time, usually, H1B and H4 gets approved at the same time. Can I travel outside the US after H1B approval (change of status) but before Oct, . If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. To provide more details; (I have the option to chose two different places. My employers attorney has filed a service request too with USCIS, but no updates yet. I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. My company applied for the H1B but are now saying that there are no projects. The end date indicated on the I-94 is your status expiration date. 15 calendar days to get the decision. 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. But which document i needed to get stamp by next employer. @Fanny We don't provide legal help. Ask your employers attorney My friend has a situation where any of your suggestion would do a great help. towards the end of 6th year. should I get back to the US before the 7th of July ? 1. Appreciate any help on this to get the SSN ASAP for her to . I am scheduled for a business trip from Sep 27th to Oct. 6. OR Has any one got H1-B petition approval notice ? I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. I can return back to work to the same employer or different employer after few months. We have applied for the extension and we have got the receipt. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. 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. 1. Heres my opinion: I am also in same situation. Also after receiving my I797 notice, can I go and apply for SSN? Hi Raghu, I got My H1b approved and started from October 1st, 2019. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? My H1B has been applied from an MNC and it got approved. Hello, *You do not need to present your original I-797 approval notice at your visa interview. My L1 is expired for company A with valid I-94. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? Nationality- Indian H1B Petition approved but I-94 is not updated - Immihelp 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). Can I go for stamping here in US consulate rather than going for stamping in India? Looks like your COS was abandoned. Will he be able to go and attend the stamping? Whether my H1B will be denied etc? 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. Please let me know on this. Is there any special rule for this type of scenario? If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? We cannot complete the DS-160 for you, but we are happy to answer any questions. It will say Post-Decision Activity. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. If your employer is not giving the letter, then you have to go with what they have given. Please hel me if some one knows the rule of H1B Visa. Kindly help to understand what are my options in such a case. F (413) 584-5411 You can consult one from our team https://askanattorney.happyschools.com/. How to Apply for H1B from H4 Visa Status. 2. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. This is not the suspension of H1B Visa program. 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. list of documents required for H1B Stamping. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. I have two options below. 4. You don't have any gap. My H1b approval is expired last month. But I am considering the former option. From USCIS website my status is confirmed as Approved. On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. I have received the approval notice which is valid till June 2020. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know because i can extend my visa when i am US only. OPT should be still valid Should I have to appear again for visa count ? NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. There are some exceptions to this rule. I just want to know what all documents I have to collect from my employer. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? 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. Checking Your Status Expiration: H-1B Workers and their H-4 Dependents I travelled India when he was on H1 status and I do have visa stamping till March 2019. Will the company C file new H1B (on what basis) . all the same forms, and interview etc? 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. Hello I would need to H1B, F1 respectively. 2. An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. My start date mentioned in the petition was Nov 1. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . My petitioner has sent me WO agreement between petitioner and client for whom I will work. Or should I do the same my employer has asked me to do. My joining date with other employer is after 3 weeks. Please answer this question Again i m talking abt having multiple amendments ( not transfer). I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) I have got my h1 approved october 20th. https://askanattorney.happyschools.com/. I got my H1B approved in 2013 and stamped in 2015. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. Question: What happens after your H1B Visa is approved? I got my H1B approved for the year 2012. This analysis was provided by the USCIS in the form of letter guidance. Visa processing times and questions can be stressful at times, thank you for replying to the queries. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. You should have the approval notice (I-797) form. You may have different questions with respect to this situation. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? 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. Is that realistic or did we mix things up? Were you able to find out whether we can apply for COS or how did you go forward? Please review this material carefully. No you cant. What are the time lines for this modification?? If I leave my current employer, then Can I get it stamped on my own/new employer/US company? or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? Now company forgot about my master's degree. Can i approach a different employer with same petition number to proceed with my H1B stamping. L1/L2 extension is also being applied by company. Form I-9 after H1B approval : r/h1b - reddit.com The intervening admission to the U.S. does not override this later effective date. I have an active L2 EAD and I am working at the moment. 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?? Is there any info for attending visa interview in India? Thanks. If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. On April,15 a Company A filled my H1 work visa. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Do I need to go back to india for stamping or can I continue with h1b? I wont have time to get my visa changed over to H1B during this trip. My husband employer filled for my extension. Talk to an immigration attorney with new rule about location change. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. Your Am I correct? After going to India if i will not get stamping in India, If you could pls help answer my below question : How soon do you suggest can I make travel plans after my H1B is approved (if it does)? My change of status wasn't approved, so I will have to leave and get my visa. Post the question to Attorney Murali via Ask an Attorney. 2. I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. I am in similar situation, did you get to know any way to get the COS approved Im US? In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. Hi, Ask the consulate. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. I am currently in same situation. Going to Canada for my H1B stamping a good option? My first trip to Canada will be August 2011. Current Status Visa type Hi Rk, we are in same situation, can u please let me know what you have done. It will be bumpy ride. Please advise. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. When he asked to return the money they are not willing to do so I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Can you please tell me what is the percentages of cases still approval pending with USCIS. I have got a valid H1b approved petition from my current employer. So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? Thanks. Congrats on your H1 approval. I just got a new Job Offer, is H1 transfer now a good idea? 1. 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). Consult and attorney. Plus, check to make sure your H1 is not withdrawn. Please suggest me. Thank you in advance . But my attorney filled the form incorrectly. This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. F1 Visa Expired in July, 2012 If yes, Can she apply for COS from H4 to H1 using old H1 approval ? And petition validity is till October 2013. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. My case is approved for H1 B cap for year 2017. Extension of Post Completion Optional Practical Training (OPT - USCIS 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 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. 08 Aug 2022 In 2004, the U.S. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. My OPT is valid until October 12th. My situation is similar to yours. i got my first H1B approve in Oct 2009. Sharad. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. 5. Hi, Travel while H1B Pending (Extension, Transfer, Amendment, COS) How do keep it active? https://www.happyschools.com/ask-an-attorney/. One of my friend has the same issue now. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. Replied Rfe in November , still waiting for results. My employer has given me all the documents that he has received from the attorney. Would i have to explain why there is a gap between my approval and commencement of work? While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). Theres no wait time. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? I think I can work as consultant initially and transfer H1B. 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. https://askanattorney.happyschools.com/, Hi , Does it help for any cap exempt? Hi Raghu, But I have left from the company which applied my H1B. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. Would my H1B visa expire at some point if I do not adjust my status? *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. 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 . Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. 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. Talk to an attorney and figure out the plans and status. But due to some issues I am not traveling and will be travelling in 2021. 9. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Things to Know After Your H-1b Is Approved Shanvi. It is possible to go for stamping from other MNC/consultancy with this details? What is Premium Processing? 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. What is the consequences of never stamping or late stamping ? please let me know how many days before the expiry date i have to reach US. 2) I dont have pay slips as I never joined company A. Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) They are the right person to help you. Hey RFE and travel puts you in tough spot. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. Ive never done any studies here in US/Canada and Im from India. We recommend obtaining a new passport with given and surnames if possible. Congrats on your H1B Approval. I cant advice on questions affecting your legal stay in USA. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. Instead of checking Change of Status, they indicated that I am outside US. I had not scheduled my visa interview, and I didnt join that company. Ive tried the CDN immigration website. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. 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. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. You should ask the same questions to an Immigration Attorney. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. My employer has filed for H1B amendment for new location. Do I also have to inform my University of the COS? If yes what is the procedure? or will it be a new h1b and i will be placed in lottery?
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