Check the Processing Time, usually, H1B and H4 gets approved at the same time. I have only LCA ETA form 9035 & 9035E. Traveling While Awaiting an H-1B Extension. I am currently in US on L1 visa and checking options to moving to h1b visa. My case is approved for H1 B cap for year 2017. 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? I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . What happens to my H1 b status? Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). 1. So I think I lost my visa status. I feel really frustrated by all this bureaucracy. I was on F1 and recently changed from F1 to HIB. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). So its always best to check with a consulate first before booking for visa interview date. pls suggest your valuable guidance. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. L1/L2 extension is also being applied by company. Ask the consulate. I am taking appointment for H1b Stamping and H4 visa for my wife. please do let me know. During this period, prospective petitioners and representatives can complete and submit . 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. 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. Many consulates use an online appointment system for visa applicants. We have applied for the extension and we have got the receipt. Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. I know that Oct. 1st my status will change from F1 to H1B. 5. 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. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- 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. We recommend obtaining a new passport with given and surnames if possible. Please let me know what would be scenario. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. I am in india right now. I joined them in 2018 when I was on F1 . On April,15 a Company A filled my H1 work visa. If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. Kindly help to understand what are my options in such a case. Thelist of member countries is here. Your attorney can ask for replacement copy of Approval Notice. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Mine got approved on 12 Nov, Still waiting for 797. can I travel and come back without any problem? But my Visa Petition status is showing active and approved. Did you get the answer of yr question? In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. Can i be denied my h1b visa stamping because currently i am not teaching? I have a question , Hi, Current Status OPT You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Please answer this question You can confirm the same question via Ask an attorney. If COS is approved, your L1 is gone! H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). OR Now I can utilize the same Petition number to other Employer. But they did not send me for stamping. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Sorry, They gave Master service agreement and PO copy between them and client. I got my H1B COS from F1. So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? I am on F1 status , and its valid till feb 2018 . Please let me know on this. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. what exactly this security check and how many days it will take. Ask your attorney or submit this via Ask an attorney by Email. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. I got a situation Herr, I got my approval notice for H1B 2016. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Why are you asking questions impacting your status on forums? Documents related to your H-1B petition. We dont know what will happen to H4 EAd. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. Please suggest I am in huge confusion and tension. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? Ive tried the CDN immigration website. She came to US in H4 Visa in 2009. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) I am currently on OPT with H1 Approved status starting from Oct 1, 2016. Congrats on your H1 approval. 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 Get approval, then stamping. Once you receive i797, within 40 days you should go for stamping? I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. 1. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. Please contact our office before making travel plans. Heres a list of documents required for H1B Stamping. Will company B create any problem for me? The USCIS responded that the travel does not change the equation. Now in ds160 I have filled new passport details. 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. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. ( was on H4 earlier). My company applied for the H1B but are now saying that there are no projects. Ask your employers attorney If yes, what will be the visa validity he can expect? Please suggest. It will be bumpy ride. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. case created:15th June, Case updated:18th June. Im in H1B Status now and planning to transfer to new employer. Your employers attorney should have given you these details. After H1B Visa Approval Notice Sent I am working for company A on L1B. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. But employer says that he has not yet received the 797. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. Questions about affecting your status should be posted to an Attorney . If you do premium processing, then you can get approval in May/June. 2> If I join a different employer after 6 months. Or, do I need to wait until I receive the hard copy of approval from USCIS? Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Hello Everyone, Can you please tell me whether we can go to stamping with this ammendment details. I am bit worried on this status, can you please help me to understand this status. It has already been 6 months since i received my approval. Thanks. You can do premium for faster approval. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. I was working on h1b visa in usa from 1-2 years for same client. If you have a pending extension petition . Case details: 3. My question is what are the consequences of not having the visa stamped immediately. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Theres no way to update a DS-160 once submitted. They may refile or do a MTR. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. Hi !! News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. You may begin work for an employer while your application for a Social Security Number is pending. But, it is maybe good to get it clarified with an attorney. Yes, if #1 is True. If i find a new employer will I still be cap exempt? I am still waiting for I797 from my company A. But before interview i will get my new H1B extension petition. Close All Open All Cap-Gap Extensions Eligibility for an Extension Please advise. 2. This includes changes in work location, salary, and job duties. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Got message: I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. If you are interested in reaching out to us, please click here: P (413) 584-3232 I got my visa Approved under Premium Procesing yesterday. 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. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Myself Bhanu. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Prior to this my OPT ended on 09/26/2016. But the office location is different and the new address of residence is different state. Is it necessary to work in petitioned company, while going for an H1B interview. F (413) 584-5411 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? Again i m talking abt having multiple amendments ( not transfer). If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. Hello, It would be of great help if you can answer me the above questions. Hi now I am on opt ead and my husband is on f2 status. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Hi Raghu My case is similar to Abhisheks case. My friends are telling like she should give some 221G atleast if she needs to hold approval. My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). If you have your H-1B approved, have to get the H1B stamp before entering America. My H1 transfer is approved by employer B (new employer) and I received an approval notice. Suppose assume that im transferring in next month December. Hi, I94 validity and with what Visa Type Travelling outside US when H1 B is under process is that a problem? URGENT! 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 ? However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. My start date was March 5th. Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Please let me know what should be done to correct my DOB??? Thanks, I am on F1 Opt working for a company. Any people in my situation and got information regarding this,help please. Depending on your status change. H1B Approval notice sent to employer. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. P.S: also my husband will join me in the US. I am in similar situation, did you get to know any way to get the COS approved Im US? I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. Can you please help me in understanding what should I do? I know the alternative is to wait together to go as family. Is there any dependency of result of one amendment on the other. My H1B visa has been approved with a change in status (F1 to H1B). 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. I need to travel to India by this month end. Hi Raghu, I am currently working with a Client A on contract for a year. My employer specifically mentioned that they will revoke my petition on or before 30th September. 08 Aug 2022 In 2004, the U.S. Hello Everyone. Hi Raghu, ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. Is that petition is valid now ? and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. So how long does it take to have visa interview (in genaral). Its very helpful. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. My H1B visa is showing approved now. I got my H1B approved for the year 2012. My OPT extension came in effect from 10/01/2016. 3. Where are you getting information that you need 3 months pay stubs? What will the case status online if COS is denied and H1b is approved ? Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? 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 ? DEC 2015 still waiting for final decision .. Ive 4 years work exp. You have to understand the concept of H1B Visa and Change of Status. 15 calendar days to get the decision. My Employer from India, I have my client at Location X and Location Y. My H1 is approved with COS. meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. Please respond. Do I also have to inform my University of the COS? Your employer will provide you the I9 form to fill for them and it's only after your joining! Im not sure how USCIS treats the approved petition. You have to get the documents first. I want to schedule my spouse H4 visa interview on Dec 2nd week. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Travelling to US for the first time. 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. I am scheduled for a business trip from Sep 27th to Oct. 6. 2. I am already in the US. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. I am and just want some company in anxiety. Is it mandate to get the stamping done and travel to US during the validity period. My H1 stamping was expired and my currrent petion is valid up to Jan16. Now my question is after approval how long i can wait to fetch my first job? within 2 weeks. 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. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Currently I am getting interview date of March 5th. 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've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. In Mar 2019, my employer had filed an amendment for change of location. Will it pose a problem while getting the visa stamped? 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. My question is how many days do I have before I join the work and use my H1B status ? Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? You should try to transfer before they withdraw. *You do not need to present your original I-797 approval notice at your visa interview. I got my H1B approved through Consular notification. First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. Ask it via Ask an Attorney ( through this blog ) My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. I would need to H1B, F1 respectively. But, do you want to wait around to get into H1B under this current scenario? I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Once I check that my H1B is approved on the internet, can I start to work right away? I need to go outside US for visa stamping in order to start working and return back with COS. i will have to travel to india next month . I just want to know what all documents I have to collect from my employer. I have one more offer from company C, My question is I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. hi Raghu I have both passports with me. Did your h1b approve for stamping? I have removed parts of your comments. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. Will there be chance for getting stamped if I attend the interview late? 2. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? Activation of my h1b is October 1st 2016. Thanks. 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. The end date indicated on the I-94 is your status expiration date. I cant advice on questions affecting your legal stay in USA. 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/. I live outside of the US, and only 10 days to find apt and get ready to work?? Travel, whether for personal or professional reasons, can be an exciting . This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). Can you please share your experience like what did you do in your case.? 1. 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? My H1B(i797) Got approved on may 17th, 2016. and stamping. 1. However, the USCIS has generally applied the analysis contained in the letter since 2004. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). 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. If yes then what would be the approximate cost of status change ? 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. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Let me know if you have seen this before. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Please help me guys, I am totally confused on this. i9 will be used for your job and visa verification by your employer. Please let me know if this is advisable and if not what are the consequences. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. Lets say if my application picked up in lottery and Ill get result in May/June. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? This is reason I considered going Canada instead. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? Or go with the existing Ds-160 and show them the approval notice when questioned. Copy of your old H1B approval notice and offer letter, pay stubs, etc. If I go for stamping in India for H4b will I have any problem ? Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. I have applied for premium H1 extendion this week. 2) I dont have pay slips as I never joined company A. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) Since i am going in Dec 06, 2010 to Dec 19,2010. How much time will it take? my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. The original I-797 approval notice. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. I have a planned trip to India on 27th October 2016 for around a month. Now things here are going good so thinking to change to new client and new location again. My employer files an H1B cap-subject petition for an F-1 student on April 1st. Hi HSB, Thanks Raghu. 1)Do you think my visa can get transferred to company B?? can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. Can I travel to India in March ? But my attorney filled the form incorrectly. currently embassy is not operation for normal window due to COVID The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Nevertheless we would like to stay and work in the US. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. If would get the degree. First, you must be present in the U.S. at the time your employer files your extension petition. Hi, My H1 is approved as consular processing for FY2017. I wont have time to get my visa changed over to H1B during this trip. 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. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Question: What happens after your H1B Visa is approved? 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. I have a family emergency and that made me go from 19th of september to 24th of september. I had started working with my new employer after I had received the petition filing receipt. We got new client new location so filed amendment. I have sent them my approval notice also. My H1b approval is expired last month. 2. My questions are If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. What all documents are required for the stamping? If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. I am also in same situation. I just got my H1B approved. My employer saying till january I may have to wait. I would wait for the approval notice. My passport is changed after I applied my H1B lottery due to spouse name addition. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. We are planning to upgrade it to PREMIUM . Can I get to continue to work with my current visa status (L1, L2 or OPT)? Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Try again few days. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. I got F1 Approval in June. Currently I am in my home country. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? I just wanted to play safe and avoid going for stamping in this trip. How soon do you suggest can I make travel plans after my H1B is approved (if it does)?
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