I just got this notice, but does it mean I got approved to technically be H1B status? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . If yes, what will be the visa validity he can expect? On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Does this mean they sent the reciept that they received our request? I am currently in Singapore. I have only LCA ETA form 9035 & 9035E. 2. Total stay in US My case got recently approved. 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 ? The USCIS responded that the travel does not change the equation. My H1B visa has been approved with a change in status (F1 to H1B). My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. 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. Will my extension application be cancelled and do I need to apply again? Copy of your old H1B approval notice and offer letter, pay stubs, etc. My change of employer petition was approved recently while still being in US. They are going to apply for h4. Hi Raghu, Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? H1B will have a start date, so you can enter upto 10 days before the start date. Thanks !! Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Our firm assists individuals and institutions across the U.S. with their immigration needs. or can I go to any country to get H1-B stamping ? Hey RFE and travel puts you in tough spot. 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. My question: Is there any problem in entering to USA as I am going after one year of approval? Dont have an ETA. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. As you said, many of us are still awaiting the H1B approval. ** Note that the name on your passport must match the name on your I-797 approval notice. My fiance and I both work for the same company in the US. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? I just got a new Job Offer, is H1 transfer now a good idea? The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. Only French Consulate can answer this question. Please be sure to do the same for your dependent(s). My approval notice has mentioned Montreal consulate, now i have moved to Calgary. I know there is recession there in US, but in my case the reasons for not being able to land there are different. It counts based on effective date or expiry date? Yes. 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). So, will my last year case have any impact on this year, as I didnt go last year. My question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? Any other Visa (L1 or B1 etc ) NO other Visa 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. Please share your case. Would i have to explain why there is a gap between my approval and commencement of work? Still my application is not approved. I would wait for the approval notice. Can I put resignation and wait to join other employer ? This year if I want to go for a job or higher studies in US. Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. I got my stamping done in Jan 2019. Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Use the https://forums.happyschools.com/ for Q&A. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? My H1b approval is expired last month. My DS 160 form status too in Administrative processing, can you please help me what should I do now? 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. Can I travel to India in March ? You need paycheck only if your started working on H1. There will be a visa fee of at least $190 for each machine-readable visa issued. Please correct your article. 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. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Later, you may jump ahead to certain sections. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. 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 came to US in 2006 for my Master's. In this she cannot travel and neither u can extend her i-94 based on ur new petition. Hi Raghu My case is similar to Abhisheks case. They applied for my H1B visa and I just got all the documents from them. 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 My new employer has filed the H1b transfer in October 05 2015. My employer files an H1B cap-subject petition for an F-1 student on April 1st. Travel After Change-of-Status Approval with Future Start Date Ive my client letter, pay stubs, W2 forms everything clean. Is there any company who can do H1 B visa can just reply me. Current Status OPT How long can it be allowed/valid to be stamped? Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. 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? This may help a consular office understand that your work does not have potential application for national security or terrorism. What you need to do after your H-1B visa is approved As per USCIS website, filing is mandatory but approval is not to work in new location. I m doing Msc biotechnology. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. Ask your attorney or submit this via Ask an attorney by Email. If H1 done vs CP, then you will stop working when you enter the US on H4. 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. I have travel plans and booked VISA Interview on December 16th. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Opt Expiration date : December, 2012 Im not sure. or we are good to travel with updated LCA. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. currently embassy is not operation for normal window due to COVID I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. Hi Arun, I have already used my OPT and OPT extension. I have a planned trip to India on 27th October 2016 for around a month. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Thanks. My H1B has been applied from an MNC and it got approved. 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. My status got changed from H4 to H1. 1) You need to enter petition no in ur wifes DS160 . I came to india and got H1B stamp in my Passport valid until September 2012. Thanks for the great information. I am currently working with a Client A on contract for a year. 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. are there any issues? My H1B premium process petition denied last month, now what could be the next step? What are the chances for legal action and getting the money back? Thanks!! Yes, you can use the 1 year validity passport to go for visa. What was your status when you got denied notice? Later in 2010 I come to US on L1B visa. I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved Please let me know, Hi I am in India. Will that be enough to show employer and employee relationship or still end client letter is required ? Hi, My petition is approved for the year 2015. 2) My H1B is filed by employer based in Seattle. H-1B and O-1 Travel. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. DEC 2015 still waiting for final decision .. Do I need to go for stamping again after his H1 gets approved with new employer? If you live outside the United States, you can schedule your H1B visa interview. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). I have an active L2 EAD and I am working at the moment. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. You should consult your employers attorney . 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. Looks like your COS was abandoned. Unfortunately the communication with the US embassy here is very complicated. I am on totally confused stage. Questions affecting your status should be answered by an attorney. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. I am still on my OPT that runs till next year June. can I travel and come back without any problem? Will my visa become invalid or will it still be valid after few months? I have applied for SSN in near by office. I got my first H1B approve in Sep 2011 for 1year. 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/*. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. Please set aside time to complete this form. 1)My H1-B was filed using I129 in November, 2011. I have both passports with me. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. ( There is a requirement of paystubs please check with some expert on how many ), 4. You dont need stamping. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Whether my H1B will be denied etc? Why are you giving incorrect info? Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. HI, In the meantime, my spouse got a Full Time offer with Company B. Please contact our office before making travel plans. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. 1) I need to travel to India between April and July, will there be any issue? If your application for H1B transfer is approved, you can continue with your job. Is this a practical scenario? You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Or should I do the same my employer has asked me to do. But my attorney filled the form incorrectly. If would get the degree. I was planning to come back to US on L1 and then switch to H1B after coming back. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Im yet to get the mail . Thank you in advance. 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. Any help would be appreciated in clarifying the following questions. Hi Rk, we are in same situation, can u please let me know what you have done. Hi Raghu, I know so many who got benefits from the second degree (completing it). Also, I am planning to apply for h1b for next year. My first trip to Canada will be August 2011. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). If my husband visa gets approved by nov15, do I need to wait for the documents? *You do not need to present your original I-797 approval notice at your visa interview. My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. I have the same doubt. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? My petition got approved. 2. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. My visa stamping is done on May 2012 in Hyderabad . 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. 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. Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. My H1B has been approved and i am staying in india. Will this be ok? Can this be done ? IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. Employment duration with present employer 6 months. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. There are some exceptions to this rule. Without any paystamps with employer Y. Can i approach a different employer with same petition number to proceed with my H1B stamping. My H1 is approved with COS. Can you tell me when can they apply for H4? There are two steps involved in changing visa status from H-1B to F-1. 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. 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 moved to new the address now (Different State). If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. Please Help. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. Am I correct? i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. 1. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . Many consulates use an online appointment system for visa applicants. When your legal stay/status in USA could be affected, always seek legal help. I have an H4 visa and live in USA. H1B to F1 Process and Timeline for Indians : r/h1b PDF IMMIGRATION FACT SHEET - Sidley Austin My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. If you had approvals in the past 6 years, then you dont count in the lottery. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. My friend is going to graduate with MS in the 1st week of may 2013 (next month). First, you must be present in the U.S. at the time your employer files your extension petition. Else, it can take months and theres not time limit. We sent you a notice that explains why we moved your case. So he could start working again at least until April 2020. I have removed parts of your comments. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. If so, how long does it take to receive the hard copy of approval after the decision is made? ( was on H4 earlier). @Fanny We don't provide legal help. So, I think you cant go back. Yes. I got my initial H1B Approved From OCT 2019 to Jan 2020. Should I have to appear again for visa count ? Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. What happens to my H1 b status? my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. Currently I am getting interview date of March 5th. Could you please provide the procedure in this case. My employer hold me till todate. Questions about affecting your status should be posted to an Attorney . Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? 8. 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. My H1 transfer is approved by employer B (new employer) and I received an approval notice. I am Ram. Why not get H1B stamping and enter US? A copy of your DS-160 receipt. Your H-1B status is valid until the end validity date of your most recently issued I-94. 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. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. 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). Is there any dependency of result of one amendment on the other. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? He just received a mail from university that his sevis is terminated and out of status now. thank you. Here I got some confusions.. 1. 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. 1. interesting how to apply for dutch passport ? It will say Post-Decision Activity. Before you may visit the United States on an H1B visa, you must get a physical copy of your approved H1B's i797 and apply for an H1B visa at a . Is there any info for attending visa interview in India? During this period, prospective petitioners and representatives can complete and submit . But I never travelled on this VISA. Please let me know what would be scenario. Now my employer is telling me to go for stamping with client A documents. I want some time ( may be 1 week atleast ) to resign from present employer. I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). I have responded to an RFE and am awaiting the final approval, hopefully. Please review this material carefully. You can attend the interview as a family ( H1B and H4) together. H-1B Travel - National Institutes of Health 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 was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. The increase in enrollment is due to the removal of travel restrictions . I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. I am in india right now. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. 1. My employer saying till january I may have to wait. Its a direct client. Can I have my first H1B visa stamped in Canada? While your H1B change of status is pending, you are free to travel outside of the United States. F1 Visa Expired in July, 2012 My H1 is approved as consular processing for FY2017. My L1 is valid until Jul 2012 and H1B until Nov 2012. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? If not what should I do ? I got my H1B approved in Dec 2018 from a non-profit Organization. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. 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. Will the H1B come in effect from 10/01/2017 ? You will fill DS-160 as if you are going to attend an interview with Company A. I've a similar situation. Published research and other works that are in the public domain should be included in the resume. 2. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. I got my H1B approved for the year 2012. Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? Thanks. I wasnt planning to go to India for H-1 stamping this year. I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. After going there i would like to change my status to H1B from F2. I am working for company A on L1B. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. Help RFE is answered and I am waiting for the reply. Thank you so much for setting up this website and blog. Form I-9 after H1B approval : r/h1b - reddit.com I must have to visit India from Dec2 -Dec28. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? 4. and my last day in the organization was 11/16/2018. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. Ask your employers attorney I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Question: What happens after your H1B Visa is approved? I will answer them in a video. Did you transfer your H1B to your current client without working with Employer Y? I have a question , I am currently on OPT with H1 Approved status starting from Oct 1, 2016. I have not signed any agreement with company B. Congrats on H1B approval. 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. Your When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. Hello Raghu, You have 3 options. As there are not much requirement during November and December month. Is there any consequences in the case? Only your employer can help you with this case. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. 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 Im on F1 Visa Status currently working in USA on STEM OPT. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. 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. H1B Change of Status vs Consular Processing. Pros & Cons [2022] - RedBus2US In the question posed, the petition and the change of status had been approved before the person departed the U.S. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. I started working since 6 months in pretty big company. To provide more details; (I have the option to chose two different places. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Please advise. case created:15th June, Case updated:18th June. Nevertheless we would like to stay and work in the US.
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