Show them your I-94. The end date indicated on the I-94 is your status expiration date. It can take four to six weeks or longer for visa appointments. Is her H1B approved on Oct 2008 is till valid ? Typical administrative delays are 2-4 weeks, but some are much longer. HI, Company B is filing H1b for me. I am in US on F1 visa now. 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. You dont need stamping. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. 3. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. I did my Masters from US. It takes few days for the Database to sync between I-94 and DMV. Now things here are going good so thinking to change to new client and new location again. 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. That will answer all your questions . Hi, I am on h4 dependent on my husband h1b. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Please also be sure to email us a copy of the I-94 printout for your file. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? I have responded to an RFE and am awaiting the final approval, hopefully. In the question posed, the petition and the change of status had been approved before the person departed the U.S. You have to be worried only if are doing anything wrong. It should come to you within 2 weeks. 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. 4. 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. This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? But : I have not gone for stamping yet. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments My H1B visa has been approved with a change in status (F1 to H1B). 1. I have the same doubt. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. If your application for H1B transfer is approved, you can continue with your job. Please suggest. Employment duration with present employer 6 months. Can you please tell me what shud I do to correct that ?? 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 ? 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. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. 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. If yes how.? Please suggest. I have valid H1b petition until 2014. I found your video really helpful to understand the process. My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). L1/L2 extension is also being applied by company. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. Can I transfer my H1B without working with employer Y before October. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. This means I will not be able to transfer it to a new employer. My applied for H1B through my current employer. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. Also, please suggest if people are getting their H1B approved? 1. I have received the approval notice which is valid till June 2020. Since then i am in india, and did not attend US consulate for stamping. I am scheduled for a business trip from Sep 27th to Oct. 6. Your H-1B status is valid until the end validity date of your most recently issued I-94. Will my current H1-B application get rejected because i dont have these details? Can it be fixed before that date ? Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. 3. In the meantime, my spouse got a Full Time offer with Company B. Is there a way to salvage my petition ? If I go for stamping in India for H4b will I have any problem ? Once I check that my H1B is approved on the internet, can I start to work right away? Travel while H1B Pending (Extension, Transfer, Amendment, COS) 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 ? I still did not receive my 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. an assumption, I have authorized CPT and went to India on vacation. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. Is that petition is valid now ? Can I have my first H1B visa stamped in Canada? I am taking appointment for H1b Stamping and H4 visa for my wife. 1) I had received RFE. My petitioner has sent me WO agreement between petitioner and client for whom I will work. Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. Can we come back on L1 visa. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. They are the right person to help you. I am already in the US. 2. Why are you asking questions impacting your status on forums? We sent you a notice that explains why we moved your case. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. Please post your question in Q&A section. My Employer file H1B visa under Premium processing. But now the requirement is not there with client Y. Check the Processing Time at USCIS page. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . Hi Raghu, 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. 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. 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). 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? H1B Transition Issues: International Travel - Murthy I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). 2. Or go with the existing Ds-160 and show them the approval notice when questioned. 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. Please help me by providing answers to these questions. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. i read from various web sites saying generally people go to either MEXICO or CANADA. Sorry, They gave Master service agreement and PO copy between them and client. 2. can you tell me do i need to pay the complete fee or no. You can attend the interview as a family ( H1B and H4) together. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. I am in india right now. Hello Everyone. to transfer you need the approval and EAC #. I got my H1B COS from F1. Hi Arun, Can you please share your experience like what did you do in your case.? Got message: 5. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. Any help will be really appretiated.Thank you all. Will the H1B come in effect from 10/01/2017 ? Anyone know what is the procedure what we need to follow once we receive acknowledgement? Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. My employer is saying security check is going. 1. (The LCA received is having the old address). What should I do now ? You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. I might have to go to India in December. Consult and attorney. 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. What should i do. I94 validity and with what Visa Type Please advise. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. I would wait for the approval notice. My H1B(i797) Got approved on may 17th, 2016. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. You can start from here https://askanattorney.happyschools.com/ I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) Its would take less than 30 minutes to get a new DS160. Thanks for the great information. Talk to your attorney. Most visa applicants must appear at a consulate for personal interviews. 2. My current project is ending on Dec 28th 2018. Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. The DOB is in the new I-94 which is at the bottom of the I-797 document. I will started working with new employer next month . Travel After H1b Change Of Status Approved 1. Questions affecting your status should be answered by an attorney. However, the USCIS has generally applied the analysis contained in the letter since 2004. 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. I would like to know what would be my options if Id like to extend my petition. 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 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 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? you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. 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 US, Im in the same location and same client. Can you please help me in understanding what should I do? You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. I travelled India when he was on H1 status and I do have visa stamping till March 2019. Is my petition still valid and can be considered for cap exemption.? My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. I am in a desparate situation. Hire Us. How do I make this appointment, and with whom? 1. I think 6 years will start when H1B status is activated. Hi, My H1B receipt received on April. Waited for i-129 approval but dont want to waste the chance of F1 visa. Again i m talking abt having multiple amendments ( not transfer). If i go what will be the problem to my H1B? My i129 petition has been approved without change of status from h4 to h1b. My H-1B got approved recently as my employer applied it through Bachelor's degree. I know so many who got benefits from the second degree (completing it). If not what should I do ? There are some exceptions to this rule. H-1B Change of Status - Immihelp I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. 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. Or, are there still any possibilities to be rejected? I have removed parts of your comments. 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. Hi HSB, Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. 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. 2> If I join a different employer after 6 months. F1 Visa Expired in July, 2012 also one of my friend lost his 221G how can we get the copy of 221G? Now can i use my b1 to go to US and stay there with the H1b Approved petition ? Now My question is. I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). 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. Looking forwardat your best advice. 4. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. On April,15 a Company A filled my H1 work visa. 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. Please follow any instructions on the notice. 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 Congrats on H1B approval. Thanks -Padraig. You need paycheck only if your started working on H1. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. or will it be a new h1b and i will be placed in lottery? Will there be any serious issue duing VISA interview. But now I got an offer from company B. I want to join company B instead of A. Hi Raghu, I got My H1b approved and started from October 1st, 2019. 2. You can do premium for faster approval. But before interview i will get my new H1B extension petition. If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. 1) I need to travel to India between April and July, will there be any issue? Visit this page frequently to know the latest updates. Will my visa become invalid or will it still be valid after few months? http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. Now, I am wondering if I am unable to get the above position. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. I am currently working as a full time employee Programmer analyst in e-verified company. A travel letter template for your employer to complete before you travel can be foundhere. Hi Raghu, Due to some reasons their department HOD is not going to sign the OPT form. You need to ask an Attorney. On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. Yes, if #1 is True. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. Should I cancel my H1B ? I would like to know if this will cause any problems when i go to India for my H1 Stamping?? The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. I'm Indian, rightnow doing job in Singapore. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Nationality Is this a practical scenario? list of documents required for H1B Stamping. This is reason I considered going Canada instead. Let me know if you have seen this before. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. I will NOT be travelling out of the country. Does this mean they sent the reciept that they received our request? Raghu, Living within US without COS? Is it possible to transfer my H1B without any issues? I have a question about changing of visa status. I am on OPT right now till June 2011. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. But they did not send me for stamping. yes , responded to RFE in NOV 2015 . What is the grace period to file the COS now? OR Should I Marry an American Citizen to Stay in USA? Copyright 2005 2022, MURTHY LAW FIRM. I live outside of the US, and only 10 days to find apt and get ready to work?? Hi, Now I have a tricky time my current client offering full time. Is client letter mandatory while attending H1B visa stamping. My employer has filed for H1B amendment for new location. I would need to H1B, F1 respectively. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. My start date was March 5th. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. caroline. Will this be ok? Can i apply for the H1 B visa NOW?? I am applying for cap-exempt H1B by my prospective employers petition with premium processing. My case got recently approved. What all documents are required for the stamping? Nevertheless we would like to stay and work in the US. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Even for my wife the DOB is wroing in the I-797. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . Please let me know, Hi Thanks for the detailed reply. 08 Aug 2022 In 2004, the U.S. Hey RFE and travel puts you in tough spot. 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. (same sate). would there be any problem returning US at the port of entry ? Can some one help me to find what is the ideal solution? Hi HSB, as supporting documents, if asked. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. 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. Accurate I-94 records control your lawful status: they are very important. Extension of Post Completion Optional Practical Training (OPT - USCIS when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- I am still on my OPT that runs till next year June. While your H1B change of status is pending, you are free to travel outside of the United States. I am sorry if my above assumptions do not fulfil your case.

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