As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . i9 will be used for your job and visa verification by your employer. 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 You can apply for your visa stamp in a Third Country such as Canada, or you can apply in your home country the next time you go home. USCIS now provides a copy of the I-129 petition directly to US consulates. 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. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. Will there be chance for getting stamped if I attend the interview late? I am sorry if my above assumptions do not fulfil your case. 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). I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Lets say if my application picked up in lottery and Ill get result in May/June. Please be sure to do the same for your dependent(s). Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. 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. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. Now my question is can I change my employer in May/June immediately after getting approval ? Sorry. I got selected to start a 3 years residency program at a major US university. The end date indicated on the I-94 is your status expiration date. How this H1B visa be utilized in these two cases: Is i am eligible to stamp by next employer OR my petition is waste. You don't have any gap. My employer specifically mentioned that they will revoke my petition on or before 30th September. How much time will it take? Please contact our office prior to making irrevocable travel arrangements to discuss your plans. I m doing Msc biotechnology. I just got a new Job Offer, is H1 transfer now a good idea? 2)Got an Approval Status on March, 2012 Change of Status(COS) or Consular Processing (CP). CBP officers at the port of entry are not required to grant these additional days, but you may still request them. 3. You can start working on H1 as per the Start Date listed on the Approval notice. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? I got a situation Herr, I got my approval notice for H1B 2016. I will answer them in a video. I have a question about changing of visa status. Do I have to apply for OPT extension? 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. Is the embassy open and is the next step to fill DS160? Yes, if #1 is True. I wont have time to get my visa changed over to H1B during this trip. Go for stamping and did you ask your employers attorney? Right now, I am on Post completion OPT and it ends on Feb 2021. Is there any info for attending visa interview in India? If so, how long does it take to receive the hard copy of approval after the decision is made? Were you able to find out whether we can apply for COS or how did you go forward? Can I go for H1b visa stamping this year with the petition approved documents? 1. Is the H-1 Visa STAMP required to start the process for Green Card? Can I join B without any issues/legal hassles? It will be bumpy ride. 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. A copy of you VAC-stamped DS-160 confirmation page. 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. I am currently working with a Client A on contract for a year. yes , responded to RFE in NOV 2015 . Let me highlight the following: Only Premium Processing for H1B Visa is suspended. 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. 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? Thanks for your response. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Im yet to get the mail . I have the same doubt. But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. A: Status changes are handled by USCIS. I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? I am searching for consultancy firms who will file my H1B visa. Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. 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 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. Should I go to my home country for H1-B visa stamping or it is too risky for me? My status got changed from H4 to H1. Mine got approved on 12 Nov, Still waiting for 797. Talk to an immigration attorney with new rule about location change. I have a question , Refer to application form I-129. my status showing as below. Can I try for H1B transfer from here in India itself? I have removed parts of your comments. Later, you may jump ahead to certain sections. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? Hi I got my initial H1B Approved From OCT 2019 to Jan 2020. Dhara Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? 1. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. As there are not much requirement during November and December month. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. Depending on your status change. Hi Raghu, So did you apply for STEM extension? If your application for H1B transfer is approved, you can continue with your job. 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). What should I do now ? RFE is answered and I am waiting for the reply. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Got the recpiept on amendment but havent heard anything from USCIS. One of my friend has the same issue now. Ask the consulate. Pls reply My H1B Status still in Received status, what should be the deadline time to change the statues? OPT should be still valid If this happens, please contact us so we can discuss how to maintain and extend your status. I have a valid F1 visa till 2021. I just got this notice, but does it mean I got approved to technically be H1B status? 5. But with some personal issue, I need to travel to India in the 2nd week of April 2019. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Will my extension application be cancelled and do I need to apply again? Your employers attorney should have given you these details. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. Would it give problem to me ? Please advise. I am in US on F1 visa now. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Thanks. Please let me know, Hi If i go what will be the problem to my H1B? 1)i have opt extension up to 2018 july is still valid or not?? Your question boils down to one sentence DO you need Transit Visa for France? Thanks. But, theres no status for mailing the notice. My questions are 6. Ive never done any studies here in US/Canada and Im from India. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. For ex. 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. They applied for my H1B visa and I just got all the documents from them. e.g. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. Please help addressing tis issue. thanks We got new client new location so filed amendment. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. What form do I have to submit for the visa interview? Same steps as applying for new Visa. You need to find new employer. My wife is expecting and she will not able to travel anytime soon for the stamping. I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. OR Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Documents related to your H-1B petition. For how much time can I be on this visa without stamping? My case status is as follows: 1. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Talk to your Employers attorney. My H1 is approved with COS. Is there any special rule for this type of scenario? However, the USCIS has generally applied the analysis contained in the letter since 2004. You should have the approval notice (I-797) form. But : Refer to comments policy. I think 6 years will start when H1B status is activated. 3. Nevertheless we would like to stay and work in the US. What are all the details/documents required for scheduling the interview? 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. How long can it be allowed/valid to be stamped? The I-94 reflecting the change of status is attached to the approval notice. 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. But employer says that he has not yet received the 797. Now my question is after approval how long i can wait to fetch my first job? 2. Could you please provide the procedure in this case. However, each U.S. consulate will have varying rules. So questions to you are: 1. Stamping before OPT expires My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Your H-1B status is valid until the end validity date of your most recently issued I-94. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. My employer has filed for H1B amendment for new location. Now company forgot about my master's degree. And new passport have details of older passport in it. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. 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. 3. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. I am working for company A on L1B. Got message: i will have to travel to india next month . I am in US and my status is F2. Even when I work in consultant, is there any process that should be completed before I travel from India. Will there be any issue with that on stamping. The USCIS stated that the change of status would take effect automatically on the effective date of the H1B petition / change-of-status notice of action of October 1, 2022, in this example. Please help me by providing answers to these questions. Is there a problem if I travel to India in November? Can you please share your experience like what did you do in your case.? Im not sure. Should I Marry an American Citizen to Stay in USA? If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? You can go for H1B stamping till the date 60 days before its valid. I got my first H1B approve in Sep 2011 for 1year. If travel is required, advance planning and early visa application are critical. I would like to know what would be my options if Id like to extend my petition. The DOB is in the new I-94 which is at the bottom of the I-797 document. Get approval, then stamping. The original I-797 approval notice. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". 1. pls suggest your valuable guidance. is there any way i can contact USCIS and get to know more about this ? F (413) 584-5411 2. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. 4. Some people may have H4 visa or others may have F1 to come back to USA. my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. Please let me know. i have new employer and will file h1b cap counted next week. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. I have submitted my final evaluation of OPT to my school and they told that my sevis status was not auto complete/update to H1B. 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. Raghu , You dont have to wait until September or October to get Visa stamping for H1B. Can i be denied my h1b visa stamping because currently i am not teaching? My H1B I hope gets approved next week if so how long will it take for me to get it stamped? Please correct your article. Please suggest. Thank you in advance . Without any paystamps with employer Y. We recommend obtaining a new passport with given and surnames if possible. But now I got an offer from company B. I want to join company B instead of A. Transfer h1. When can I start working for the employer? 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. I recently quit the company i was working for. ( OR) He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). If it was a coincidence then my petition was approved using normal processing and I should get my money back. I have the same concern being in the same situcation as Shilpi mentioned I wasnt planning to go to India for H-1 stamping this year. can i re-enter USA on my F1 visa without any issues in port of entry?. My petitioner has sent me WO agreement between petitioner and client for whom I will work. Hi, my OPT extension is valid until June 2018. Suppose if August 2021 this is not stamped then what is the further option? My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Total stay in US- Never been to US Also, I am planning to apply for h1b for next year. Hi, 1. Thanks, Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Use the https://forums.happyschools.com/ for Q&A. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. 9. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. So in that case i need to attend visa interview again to make my travel. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). please do let me know. Not its not valid. You need paycheck only if your started working on H1. I have my visa stamped this September and I want to travel in the month of March. Second How tough to get H4 Visa? Shilpi- did you get an answer to your query? 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 ?? Going to Canada for my H1B stamping a good option? I have not signed any agreement with company B. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. I had not scheduled my visa interview, and I didnt join that company. I currently live in the US. My Employer file H1B visa under Premium processing. Thanks. as i will be traveling to my home country that time. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? I was planning to travel to India once my case gets approved. But my Visa Petition status is showing active and approved. Please suggest I am in huge confusion and tension. Activation of my h1b is October 1st 2016. 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. 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. I94 is generally used for your entry and exit in US. Does it help for any cap exempt? I got my H1B application approved and also done with the stamping on may 2012 . Please share on who did you handle that circumstance? In Mar 2019, my employer had filed an amendment for change of location. Then link the new DS160 to appointment confirmation (via travel docs). This year if I want to go for a job or higher studies in US. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Company B is filing H1b for me. 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. 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). I know that Oct. 1st my status will change from F1 to H1B. My current H1B visa expiring in 31 Dec 2016. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? If i find a new employer will I still be cap exempt? 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. I hope i could find an answer to my question . If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. You should consult an attorney about a status-related question. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. I have an H4 visa and live in USA. My employer is saying security check is going. Your article mentions that we can reenter the US only after October 1st. So i wanted to schedule the H1B interview by the second week of Oct-09. caroline. That office now has jurisdiction over your case. I filed the petition under masters quota and with COS . My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. But I havent taken ay next step considering the COVID situation. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. I got my visa Approved under Premium Procesing yesterday. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Id have a question. 2. You can also post it via As an Attorney here. My H1 b petition is approved 2008 June , I didnt went for stamping . If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. Congrats on your H1 approval. 2. 3. wat would be the best option for me to travel to India in this situation. My Visa interview is happen on June18th and counselor has taken my passport. I just wanted to know the risks in traveling to India now. Please also be sure to email us a copy of the I-94 printout for your file. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. DEC 2015 still waiting for final decision .. 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. Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. Could you kindly please provide me some guidance on below question? But i couldnt see my employer sending me for visa interview. Do I need to go back to india for stamping or can I continue with h1b? I will NOT be travelling out of the country. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. Do I need some documents and letter from my employer before I fly to US? Quick question- I received the COS from L1B to H1B two days back. At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. I have couple of questions? Yes you can but you need the approval notice. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. However, there are a few things you need to know before you travel. Ask your employers attorney 1) I had received RFE. 1. 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. Could you please tell me how much time it will take to receive the Approved petition. and stamping. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. my time period exceeds means from india i can Apply my H1B or not. You will need to talk to an Immigration Attorney for your situation. 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. Currently I am in my home country. Hello Raghu, Please also follow any specific instructions on the consular website about additional documents to bring to the interview. People are still waiting for H1B results filed in April 2015. This option is explained here for the benefit of MurthyDotCom readers. But, exactly how much is that?. 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. 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. 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. So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? 2. No you cant. You will be fine. My employers attorney has filed a service request too with USCIS, but no updates yet. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Or do I need to work with employer Y at least few months? Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. 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.
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