My cousin has been thinking about getting his h1b visa in order to get the career that he wants. 9. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Same steps as applying for new Visa. Hi, 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. Ask it via Ask an Attorney ( through this blog ) So, seek legal counsel in this case. I would need to H1B, F1 respectively. thank you. Please share if you get any answer so to your question. Check the Processing Time, usually, H1B and H4 gets approved at the same time. Now my question is after approval how long i can wait to fetch my first job? You can go for H-1B stamping to your nearby American consulate. The increase in enrollment is due to the removal of travel restrictions . Please do not make plans to travel outside of the U.S. without contacting our office first. 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. Looks like your COS was abandoned. You need to ask an Attorney. 5. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. Do I need to go for stamping again after his H1 gets approved with new employer? Right now, I am on Post completion OPT and it ends on Feb 2021. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. i9 will be used for your job and visa verification by your employer. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. Visa Validity 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. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Otherwise, the issuance of your visa may be delayed. What is Premium Processing? My H1b approval is expired last month. I have an H4 visa and live in USA. My petition is approved for the year 2015. Hi Raghu, My question: Is there any problem in entering to USA as I am going after one year of approval? interesting how to apply for dutch passport ? My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. You can attend the interview as a family ( H1B and H4) together. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. Your attorney can ask for replacement copy of Approval Notice. H1B will have a start date, so you can enter upto 10 days before the start date. Kindly reply. (The LCA received is having the old address). We cannot complete the DS-160 for you, but we are happy to answer any questions. currently iam in USA Please help! Is i am eligible to stamp by next employer OR my petition is waste. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. As there are not much requirement during November and December month. My first trip to Canada will be August 2011. This analysis was provided by the USCIS in the form of letter guidance. I feel this might be becoz of the COS as i was not there in US while applying the petition . My OPT is valid until October 12th. Will my visa become invalid or will it still be valid after few months? Should I cancel my H1B ? It takes few days for the Database to sync between I-94 and DMV. Later, you may jump ahead to certain sections. I entered US 14 days prior to the start date mentioned on my i797. my status showing as below. My H1B has been approved and I am currently in USA. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. What are the chances for legal action and getting the money back? Now, I am wondering if I am unable to get the above position. I have been with this employer before my change of status. After going there i would like to change my status to H1B from F2. Also after receiving my I797 notice, can I go and apply for SSN? Should I have to appear again for visa count ? So i wanted to schedule the H1B interview by the second week of Oct-09. Else, it can take months and theres not time limit. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? I had not scheduled my visa interview, and I didnt join that company. I have H1-B petititon approved in 10th October 2010. Your H-1B status is valid until the end validity date of your most recently issued I-94. My husband employer filled for my extension. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Let me know what does my status mean . Please let me know. Please share on who did you handle that circumstance? Do I need some documents and letter from my employer before I fly to US? 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. If yes, I need to get updated project/client related documents from the employer who filled. After 30 days, it will have to be done through an extension with USCIS. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. People are still waiting for H1B results filed in April 2015. 3) However I left my employer who had filed my petition in February 2012 to join a new company Talk to an attorney and figure out the plans and status. Can I have my first H1B visa stamped in Canada? to transfer you need the approval and EAC #. Travelling to US for the first time. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. But I am considering the former option. H-1B and O-1 Travel. My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. I am in india right now. Is her H1B approved on Oct 2008 is till valid ? I am already in the US. There are some exceptions to this rule. or can I go to any country to get H1-B stamping ? I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! Thanks -Padraig. If you continue working, you run the . Till when can I continue my job on L2-EAD? Once you receive i797, within 40 days you should go for stamping? chessmojo 1 yr. ago. 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). I am on totally confused stage. But my client job can be terminated before visiting India by Oct10,2016. HI, Now my ques is , I knw i can work on 1 h1b at a time. Please advise. Only your employer can help you with this case. I got my H1B COS from F1. Due to some reasons their department HOD is not going to sign the OPT form. My OPT extension came in effect from 10/01/2016. I am on OPT right now till June 2011. Case 2: You have to get the documents first. 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. 2. 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. Can this be done ? Hire Us. Whether my H1B will be denied etc? For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. However, each U.S. consulate will have varying rules. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. My H1B receipt received on April. Should I Marry an American Citizen to Stay in USA? you have to provide EAC NO SOME IS VERY HELP FULL. I am getting my H1-B start date as 1st Dec 2010. In the past, this was an option, but currently, only visa renewals can be done in Mexico. 3. Will it create problems during H1b stamping in India during interview ? Still the status show it is under review, I am not sure what is the processing time in general. Work for Company A generate at least 2 pay stubs and then do the transfer? Here I got some confusions.. 1. Thanks, My petition got approved. 1. If I go for stamping in India for H4b will I have any problem ? Thanks !! So they requested a data fix to SEVP to fix my SEVIS record. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. Can you please help me in understanding what should I do? It would be of great help if you can answer me the above questions. You will fill DS-160 as if you are going to attend an interview with Company A. Please advise so that i can plan accordingly. Please respond. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. Is my petition still valid and can be considered for cap exemption.? By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Then link the new DS160 to appointment confirmation (via travel docs). If your visa application is approved it will be processed and mailed/available within 2 business days. Hi, Else when is the earliest to do that?? Location change is from my employers location A to location B. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Would it give problem to me ? But due to unavoidable situation ,I need to travel to india. Do I have to await the approval notice before joining the work force? I moved to new the address now (Different State). 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. H-4 visa holders who have extended or changed status in the U.S. and who have been issued an I-797 Approval Notice in their own name should travel with the . would there be any problem returning US at the port of entry ? I have a question about changing of visa status. I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Is that petition is valid now ? Since then i am in india, and did not attend US consulate for stamping. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. I would need to H1B, F1 respectively. I need your suggestion regarding the travel. 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. I am on h4 dependent on my husband h1b. You have 3 options. Is there any info for attending visa interview in India? Please contact our office if you would like to initiate a permanent residence application. I am currently in US on L1 visa and checking options to moving to h1b visa. Question I have is my husband was in F1 and went ahead with divorce. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. Its a direct client. You cannot choose which status you want to be maintaining. It will say Post-Decision Activity. In this scenario do I need to go to home country for H1B visa stamping? 1> If I join same employer (who filed my H1B) after 6 months In 2018 November I had to leave US and (the organization where I was working) because of a family I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Looking forwardat your best advice. Yes Visa stamping has been expired now. The 2004 Hernandez letter remains helpful and relevant even after many years. 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. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- You cancheck visa-waiting times here, and you cancheck consular procedures here. My H1B(i797) Got approved on may 17th, 2016. I am also in same situation. I have been postponing travel abroad because it is not suggested while approval is in process. I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. I might have to go to India in December. 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? Can he transfer Visa or will apply new visa? Is there any consequences in the case? You will be required to upload a digital photograph. If you are interested in reaching out to us, please click here: P (413) 584-3232 My next employer is ready to stamp. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. Is there any special rule for this type of scenario? I joined them in 2018 when I was on F1 . And petition validity is till October 2013. I was on F1 and recently changed from F1 to HIB. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. 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. after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. How long can it be allowed/valid to be stamped? 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/. You can start working only after the start date on I797 approval notice for new H1 petitions. Shilpi- did you get an answer to your query? Is it mandatory to get the H1B VISA Stamping after the H1B is approved. I received my H1B approval notice yesterday. Thank you in advance for your kind understanding and cooperation. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. 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. what exactly this security check and how many days it will take. Check with your attorney for suggestions and answers. 2. Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. I am in USA on H4 visa. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. Please let me know what would be scenario. 3. I got my H1B stamping done last year in Sep 2009. Can Someone please help? 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. Ive tried the CDN immigration website. an assumption, I have submitted the client letter, SOW etc. My employer has given me all the documents that he has received from the attorney. I am very new to this blog. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). Ive my client letter, pay stubs, W2 forms everything clean. What documents should i carry in both situations(processing time and after acceptance of H1B). I am looking to file H1 visa. 2. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Use the https://forums.happyschools.com/ for Q&A. It should come to you within 2 weeks. 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. Not advisable . or It was just a coincidence and my petition was approved on the same day using normal processing ? 1. Current Location India 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. Many consulates use an online appointment system for visa applicants. I think your employer can extend H1B petition up to 6 months before. Checking the feasibility of changing employer Instead of checking Change of Status, they indicated that I am outside US. Currently I am on F-1 Student Visa. 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. 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. Even for my wife the DOB is wroing in the I-797. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. https://askanattorney.happyschools.com/. If would get the degree. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. 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. 5. You get the original in 2-3 working days. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. This is reason I considered going Canada instead. 1. Now My question is. Any necessary supplementary documentation that may be necessary. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. 3. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. You can do the math from there. 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 ?? The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Please advise. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. 1. 3. what happens if i leave US before october and couldn come on time. How can i go to US now ? If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: Got the recpiept on amendment but havent heard anything from USCIS. The student's OPT is valid until November 30th. 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 ..??? We recommend obtaining a new passport with given and surnames if possible. A copy of your DS-160 receipt. Is there a final date where I would need to take on my H1B visa? Meanwhile he was unable to attend residency and makeup session class in his last semester. Hi HSB, Let's look at how it works and why USCIS will abandon your COS application. Again i m talking abt having multiple amendments ( not transfer). Thanks for the detailed reply. No. this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. If you could pls help answer my below question : If you have your H-1B approved, have to get the H1B stamp before entering America. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. All Rights Reserved. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. But, you would need a valid US visa (other than H1B) to re-enter the USA. Ask your employers attorney You need an H1B stamp to enter as H1B status. Lets say if my application picked up in lottery and Ill get result in May/June.
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