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I have received the approval notice which is valid till June 2020. You dont have to wait until September or October to get Visa stamping for H1B. an assumption, I have submitted the client letter, SOW etc. For some personal reason, I am quitting my job with present employer( who filed my h1b). I have couple of questions? I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. Yes, if #1 is True. 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. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. Try again few days. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? However getting visa appointments in India is also hard so you just pick your poison I guess. You will be required to upload a digital photograph. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. Transfer h1. My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. My friend wanted to take the legal action he is having all the proof when the money transfers etc. You have to talk to a few attorneys to find different solutions and then pick one. The student's OPT is valid until November 30th. Hi, 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 . Thanks!! Till when can I continue my job on L2-EAD? Do I have to await the approval notice before joining the work force? And Ill be working remotely. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. I m doing Msc biotechnology. International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. USCIS now provides a copy of the I-129 petition directly to US consulates. Without any paystamps with employer Y. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? However, each U.S. consulate will have varying rules. H1B Petition approved but I-94 is not updated - Immihelp Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Or my H1B has to be stamped in my passport to be eligible for employer change? URGENT! 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 ?? I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. 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. I have two queries in regard to stamping. If my employer file for extension with the start date Jan 2nd 2019. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. You have 3 options. 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. Please answer this question We are planning to upgrade it to PREMIUM . 1) I need to travel to India between April and July, will there be any issue? Any help would be appreciated in clarifying the following questions. But company x filed my petition when I was in place A and two months it moved me back to place B. Is there a problem if I travel to India in November? If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Thanks for the detailed reply. How can i go to US now ? to transfer you need the approval and EAC #. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. can i re-enter USA on my F1 visa without any issues in port of entry?. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. 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. 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)? What are the time lines for this modification?? Visa processing times and questions can be stressful at times, thank you for replying to the queries. Do I need to go back to india for stamping or can I continue with h1b? 3)if i go late for the stamping is it a problem?? Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. Please help! you have to provide EAC NO SOME IS VERY HELP FULL. Hi, 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. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. e.g. My spouse current status is H4 EAD. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? Travel in H-1B Status - Johns Hopkins University I am very new to this blog. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. Currently i am staying in Kuwait for some project work. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Does this mean they sent the reciept that they received our request? Which category does this come under. Any necessary supplementary documentation that may be necessary. You can go for H1B stamping till the date 60 days before its valid. Could you tell me what happened to you case? It is our pleasure to assist you in this matter. If yes, what will be the visa validity he can expect? I am on h4 dependent on my husband h1b. https://askanattorney.happyschools.com/. All Rights Reserved. However, i have also pursued a masters degree in Environmental science with which i am working right now. A copy of your visa stamping appointment letter. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. 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. I think I can work as consultant initially and transfer H1B. Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. But, it is maybe good to get it clarified with an attorney. I came to US in 2006 for my Master's. I feel this might be becoz of the COS as i was not there in US while applying the petition . 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. because i can extend my visa when i am US only. My Green Card process may start early next year. 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. Talk to an immigration attorney with new rule about location change. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? please help. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. My extension of H1B i129 was approved last week and I am living within US now. 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 live outside of the US, and only 10 days to find apt and get ready to work?? If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. I am searching for consultancy firms who will file my H1B visa. Sorry. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. My H1B has been approved and i am staying in india. We sent you a notice that explains why we moved your case. I have my H1B visa approved. I have my new passport with me. Company B is filing H1b for me. I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. You can also post it via As an Attorney here. However I have a bit tricky situation. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. My H-1B got approved recently as my employer applied it through Bachelor's degree. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. H1B Visa petition can be approved with Change or Status or Without Change of Status. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Can you please tell me what shud I do to correct that ?? 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. My employer saying till january I may have to wait. Check the Processing Time at USCIS page. Heres a list of documents required for H1B Stamping. Your Attorney should give the list of documents. will be it be better to go for visa stamping before or after october 1st 2009? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do Why not get H1B stamping and enter US? You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Otherwise, the issuance of your visa may be delayed. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. If i find a new employer will I still be cap exempt? What form do I have to submit for the visa interview? what exactly this security check and how many days it will take. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Checking the feasibility of changing employer caroline. 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. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? Can i travel India during the H1B processing time.? How to Apply for H1B from H4 Visa Status. Thanks for asking. 3. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. No I9 and I94 are different. I have a question. Yes Thanks !! The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. 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 really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) 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 Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Could I have issues at the port of entry airport because of the H1-B pending? They may refile or do a MTR. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Is there any info for attending visa interview in India? Let's look at how it works and why USCIS will abandon your COS application. Is it possible to transfer it to my new employer. It should come to you within 2 weeks. 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 . But, you would need a valid US visa (other than H1B) to re-enter the USA. did your employer provided you a copy of h1b petition application to you? Do I also have to inform my University of the COS? Is it possible to continue with my trip to India? Please reply ASAP! You need to find new employer. But, exactly how much is that?. Nevertheless we would like to stay and work in the US. Please follow any instructions on the notice. 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? 4)Can the new company utilize my approved petition? Can you please share your experience like what did you do in your case.? I got my stamping done in Jan 2019. 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! Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. 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. L1/L2 extension is also being applied by company. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. 2> If I join a different employer after 6 months. I have got a questions when you received all the documents to get your visa stamped. Current Status OPT I wanted to visit home before I start my job. Can i still get my H1B stamped? For how much time can I be on this visa without stamping? You can start from here https://askanattorney.happyschools.com/ whether can I come back to US? 1. Please advise. My question: Is there any problem in entering to USA as I am going after one year of approval? 2) I dont have pay slips as I never joined company A. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. If i go what will be the problem to my H1B? Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt So questions to you are: 1. I have an H4 visa and live in USA. And now his petition is getting expired in july 2011. Can I Travel When H1b Amendment Is Pending? I am afraid of expiry date, what will be best solution for it . If you could pls help answer my below question : Raghu , You can attend the interview as a family ( H1B and H4) together. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. In the question posed, the petition and the change of status had been approved before the person departed the U.S. 1) You need to enter petition no in ur wifes DS160 . Now I can utilize the same Petition number to other Employer. You should consult an attorney about a status-related question. Nationality If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. But I too am in a same boat, Hey Raghu. What will the case status online if COS is denied and H1b is approved ? 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? Meanwhile he was unable to attend residency and makeup session class in his last semester. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. 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. I am currently on L1B visa in USA. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. I m planning to go to USA. 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). Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. ( There is a requirement of paystubs please check with some expert on how many ), 4. Please help me guys, I am totally confused on this. Please help addressing tis issue. When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. 1. I'm currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home? Travelling outside US when H1 B is under process is that a problem? Not its not valid. Thank you so much for setting up this website and blog. Please be sure to do the same for your dependent(s). Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. 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?