Thanks for the detailed reply. Only when you travel. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. No you cant. Depending on your status change. Now i am leaving current employer which files H1B & joining another employer. Any help would be appreciated in clarifying the following questions. No. or can I travel after my acceptance of H1B. Can he transfer Visa or will apply new visa? PDF IMMIGRATION FACT SHEET - Sidley Austin For ex. How to Apply for H1B from H4 Visa Status. I am on the place as you are. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Always consult an immigration attorney to get your questions clarified. What documents should i carry in both situations(processing time and after acceptance of H1B). My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. Please let me know. By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. My H1B visa has been approved with a change in status (F1 to H1B). I just got a new Job Offer, is H1 transfer now a good idea? I was thinking of traveling to India to get the stamping in the month of November. 6. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. Even for my wife the DOB is wroing in the I-797. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. Do you need New H1B Visa Stamping after Transfer? H4? FAQs I also got a 5 motnhs gap in my OPT period. So they requested a data fix to SEVP to fix my SEVIS record. I had started working with my new employer after I had received the petition filing receipt. Thanks. I am in USA on H4 visa. While your H1B change of status is pending, you are free to travel outside of the United States. Hello Everyone. In the meantime, my spouse got a Full Time offer with Company B. I94 validity and with what Visa Type Not sure about I94, visa type is H1B i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? Ive 4 years work exp. Please share if you get any answer so to your question. Thanks Raghu. I'm Indian, rightnow doing job in Singapore. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. If Your H-1B Petition Has Been Approved as a Change of Status: so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. Now My question is. Would i have to explain why there is a gap between my approval and commencement of work? Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. Hi Raghu, I was planning to travel to India once my case gets approved. (The LCA received is having the old address). However, the USCIS has generally applied the analysis contained in the letter since 2004. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! Please set aside time to complete this form. Now in ds160 I have filled new passport details. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? I got my H1B COS from F1. Right now, I am on Post completion OPT and it ends on Feb 2021. Waited for i-129 approval but dont want to waste the chance of F1 visa. I am afraid of expiry date, what will be best solution for it . Which category does this come under. Thanks. 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 ? Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo Thanks. Is that ok to start working in regard with my status? My spouse live outside of US. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. I am still on my OPT that runs till next year June. But now new i94 , my first name : fnu and last : xxx yyy, I went to apply SSN but they were not able to see my records. My visa stamping is done on May 2012 in Hyderabad . You should have the approval notice (I-797) form. Current Location India 2. I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. 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. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. Based on that the following are the cases that I landed up). Please help! It will say Post-Decision Activity. I have two options below. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. So can we file one more amendment without any issue when the previous petition is still in progress? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Hi Raghu, My new employer has filed the H1b transfer in October 05 2015. I was working on h1b visa in usa from 1-2 years for same client. 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 did not have petition copy with only i have WAC no. When your legal stay/status in USA could be affected, always seek legal help. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. You can go for H-1B stamping to your nearby American consulate. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. 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! I received my H1B approval notice yesterday. as supporting documents, if asked. 2) My H1B is filed by employer based in Seattle. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. Im in the very same situation as you were in. H1B from withon previous 6 years will not count under Cap. It would be of great help if you can answer me the above questions. Later in 2010 I come to US on L1B visa. I would like to know what would be my options if Id like to extend my petition. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? 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. 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). 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. Change of Status(COS) or Consular Processing (CP). 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. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). If my husband visa gets approved by nov15, do I need to wait for the documents? 3. 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. Currently on a Project 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. Many consulates use an online appointment system for visa applicants. 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? @Fanny We don't provide legal help. Due to some reasons their department HOD is not going to sign the OPT form. 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. 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. 4. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. I had not scheduled my visa interview, and I didnt join that company. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. A copy of your DS-160 receipt. Please help me by providing answers to these questions. The increase in enrollment is due to the removal of travel restrictions . Your employer will provide you the I9 form to fill for them and it's only after your joining! or will it be a new h1b and i will be placed in lottery? Heres a list of documents required for H1B Stamping. I would list where you are working right now as current employment. So he could start working again at least until April 2020. My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. 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. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. 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? This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. 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. Thanks a lot for the response, Raghuram. Your employer will file H4 visa along with your H1B application. 2. But now I got an offer from company B. I want to join company B instead of A. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? https://askanattorney.happyschools.com/. My employer specifically mentioned that they will revoke my petition on or before 30th September. Now Im confused If my petition was approved on the same day they received my request for PP ? Can I travel outside the US after H1B approval (change of status) but If you had approvals in the past 6 years, then you dont count in the lottery. But the location where i want to go for work is different state than the petition filed for a different state. Is it mandate to get the stamping done and travel to US during the validity period. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Has any one got H1-B petition approval notice ? 1. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Travel, whether for personal or professional reasons, can be an exciting . Even if my H1B COS is approved either before they travel or while they are travelling in June/July? Visit this page frequently to know the latest updates. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. I am getting my H1-B start date as 1st Dec 2010. You should ask the same questions to an Immigration Attorney. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. She came to US in H4 Visa in 2009. All Rights Reserved. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Nevertheless we would like to stay and work in the US. Hi Raghu, I got My H1b approved and started from October 1st, 2019. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Such guidance does not carry the binding force of law or regulation. I have a planned trip to India on 27th October 2016 for around a month. Hello Raghu, Why not get H1B stamping and enter US? or reasonably safe to do so ? For some personal reason, I am quitting my job with present employer( who filed my h1b). 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. MY H1B employer is OK to work with Dell in Austin. In order to apply for change of status, the applicant must still be in a valid status. But which document i needed to get stamp by next employer. Can I join B without any issues/legal hassles? We have applied for the extension and we have got the receipt. So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? 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? Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. Hi, An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. Current Status Visa type Could you please provide the procedure in this case. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. 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. 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). 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. 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. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. did your employer provided you a copy of h1b petition application to you? 1. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. I am currently working with a Client A on contract for a year. If i find a new employer will I still be cap exempt? It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. As I was with F1 status and it will finish from Sept, during one month I dont have no status. Not advisable . I am currently living in USA and working as a full-time employee with the same employer for 2years. Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? My DS 160 form status too in Administrative processing, can you please help me what should I do now? My H1 b petition is approved 2008 June , I didnt went for stamping . We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. What you need to do after your H-1B visa is approved However, i have also pursued a masters degree in Environmental science with which i am working right now. I found your video really helpful to understand the process. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. You can consult one from our team https://askanattorney.happyschools.com/. I have my H1B visa approved. 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. Will it pose a problem while getting the visa stamped? You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. Location change is from my employers location A to location B. My case status is as follows: 1. can you tell me do i need to pay the complete fee or no. Please respond. Is this a practical scenario? If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. You should have the Approval Notice with you. Can I travel outside US now ? I filed the petition under masters quota and with COS . 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 I m doing Msc biotechnology. Questions affecting your status should be answered by an attorney. What are our options ? Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- It takes few days for the Database to sync between I-94 and DMV. Hi Raghu, Is it dangerous? Or go with the existing Ds-160 and show them the approval notice when questioned. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. My H1-B visa got approved and I have my H1-B authorization form(I797) and H1-B receipt notice and hence Im travelling to India to get my H1-B visa stamping. I have got a valid H1b approved petition from my current employer. Now my question is can I change my employer in May/June immediately after getting approval ? Any help is appreciated. Visa Validity You can continue on your current visa till your H1B is stamped. I am applying for H1B COS on 01-APR-2017. My friend has a situation where any of your suggestion would do a great help. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? I got my first H1B approve in Sep 2011 for 1year. Hi, my status showing as below. My change of employer petition was approved recently while still being in US. Hello Everyone, But I havent taken ay next step considering the COVID situation. As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. I have not spent a single day of H1B employment with my petitioning employer. 5. Is it possible to transfer it to my new employer. If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. Your emoloyers attorney should answer this question. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Hi, But due to unavoidable situation ,I need to travel to india. 2. Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) Documents related to your H-1B petition. But with some personal issue, I need to travel to India in the 2nd week of April 2019. Theres no way to update a DS-160 once submitted. Please help. Mine is a tricky situation. Should he apply separately for an H4 or should we do it together? I have got my h1 approved october 20th. If yes what is the procedure? In 2018 November I had to leave US and (the organization where I was working) because of a family Question I have is my husband was in F1 and went ahead with divorce. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? You should try to transfer before they withdraw. Please follow any instructions provided by the counslar at the time of your interview. 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. an assumption, I have authorized CPT and went to India on vacation. So, you can start working immediately. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Travel Information for H-1B Visa Holders | ISSS You can do premium for faster approval. Will there be chance for getting stamped if I attend the interview late? Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. International travel by foreign national trainees and employees must be planned carefully. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. I think you have to wait for the notice to reach your employer. If travel is required, advance planning and early visa application are critical. Also, please suggest if people are getting their H1B approved? H4 to H1B Visa: How to Apply for a Change of Status - Stilt Blog H-1B and O-1 Travel. You have to talk to a few attorneys to find different solutions and then pick one. Living within US without COS? Same company, same role. Here I got some confusions.. 1. Kindly reply. This option is explained here for the benefit of MurthyDotCom readers. I got my stamping done in Jan 2019. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? Else, it can take months and theres not time limit. if yes then how. You have to get the documents first. Can you please share your experience like what did you do in your case.? Dont try to save on FICA taxes . I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. will it be valid to apply in 2019? ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. Post the question to Attorney Murali via Ask an Attorney. I applied for a new passport in the Indian embassy in the US and have reported the lost passport to the US consulate in India. 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.
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