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? or can I travel after my acceptance of H1B. You should consult an attorney to see what options you have. Do I have to apply for OPT extension? As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". Again i m talking abt having multiple amendments ( not transfer). This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Visa Validity will it be valid to apply in 2019? Theres no way to update a DS-160 once submitted. an assumption, I have submitted the client letter, SOW etc. can i take got visa stamping with that case ? The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. My H1 b petition is approved 2008 June , I didnt went for stamping . and want to convert my visa to H1B visa next year. You have to be worried only if are doing anything wrong. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. My OPT extension came in effect from 10/01/2016. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. caroline. Education No US Degree (Graduation and Post Graduation from Indian University) My attorney recommended that I should not travel to India until next summer. I am very new to this blog. 3. Hi, check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. Or go with the existing Ds-160 and show them the approval notice when questioned. Can we come back on L1 visa. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. I started working since 6 months in pretty big company. Appreciate any help on this to get the SSN ASAP for her to . Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. You should review all of this information after each H-1B approval. Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? Hi Raghu, You cannotify USCIS of any change of address online. In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. Change of Status(COS) or Consular Processing (CP). If i find a new employer will I still be cap exempt? Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: Please review this material carefully. If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. yes , responded to RFE in NOV 2015 . I was trying to go for masters at the same time so I took both chances parallel . 5. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. 3. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? My H1 got approved in August. Can some one help me to find what is the ideal solution? I have applied for premium H1 extendion this week. But i am planning to change it to H1B. I am awaiting for documents from my employer. Does anyone know how long an amendment takes? 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. But employer says that he has not yet received the 797. I have removed parts of your comments. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? A copy of you VAC-stamped DS-160 confirmation page. Talk to an immigration attorney with new rule about location change. Thelist of member countries is here. Ask it via Ask an Attorney ( through this blog ) You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? currently iam in USA Talk to an attorney ASAP to know your options. What should I do now ? Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. My L1 is expired for company A with valid I-94. Issues to deliberate on OR However, there are a few things you need to know before you travel. The intervening admission to the U.S. does not override this later effective date. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. Nationality- Indian 5. This year if I want to go for a job or higher studies in US. H1B Approval notice sent to employer. Thanks. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. I got my first H1B approve in Sep 2011 for 1year. Please share on who did you handle that circumstance? We have applied for the extension and we have got the receipt. Right now, I am on Post completion OPT and it ends on Feb 2021. How to Apply for H1B from H4 Visa Status. I d like to know How long is the approved petition valid for and when last can travel to US ? My questions are 2. 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. 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. What are our options ? 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. Should he apply separately for an H4 or should we do it together? From April 1 your status will be H1. 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. Thanks for your response. 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. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Thanks. Or should I choose the drop box option after I get my initial H1 stamped. I have already used my OPT and OPT extension. I am go to apply for H1 B extension. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. But my Visa Petition status is showing active and approved. 2.In the Supporting letter from my Employer States that i will be deployed at end Clients business premises and our Employer Business premises This means i may work on In house or Client Project I dont have any Supporting letter from Client , I have it only from My employer will this would be enough. Now, my current employer is asking me to leave the country as my petition was denied. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. After approval of my petition, how long can i wait for change of status or getting stamped ? 2. Now I can utilize the same Petition number to other Employer. 1. This year if I want to go for a job or higher studies in US. 1)Do you think my visa can get transferred to company B?? I am applying for H1B COS on 01-APR-2017. Copy of your old H1B approval notice and offer letter, pay stubs, etc. Now My employer requested me to come to USA. I have a question about changing of visa status. If you live outside the United States, you can schedule your H1B visa interview. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Thanks -Padraig. 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. Shilpi- did you get an answer to your query? Currently I am in my post completion OPT. Here I got some confusions.. 1. https://www.happyschools.com/ask-an-attorney/. Raghu, During this period, prospective petitioners and representatives can complete and submit . What documents should i carry in both situations(processing time and after acceptance of H1B). Is client letter mandatory while attending H1B visa stamping. The approval notice shows same i94 number as h4 when she entered the US. 1. And now his petition is getting expired in july 2011. If you move before you receive the notice, call customer service at 1-800-375-5283.. Plus, check to make sure your H1 is not withdrawn. Hello, Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. What are the time lines for this modification?? So can we file one more amendment without any issue when the previous petition is still in progress? Your employer will file H4 visa along with your H1B application. I am already in the US. Will it pose a problem while getting the visa stamped? Is there any other way to expedite the process or get information from USCIS. I got my petition approved till September 2017. Can you tell me when can they apply for H4? Got message: eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). My questions are: You get the original in 2-3 working days. 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 ? I need to travel to India by this month end. Let's look at how it works and why USCIS will abandon your COS application. Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). 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. Please advise. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Get approval, then stamping. 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. I have received i797c notice of approval. My H1 got approved this oct6 from California center. 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 . I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. H1B will have a start date, so you can enter upto 10 days before the start date. if so, what should I do for a month? Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. So they requested a data fix to SEVP to fix my SEVIS record. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. Currently I am working for company A and my H1b got picked up this year. 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. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. But which document i needed to get stamp by next employer. 1. My employer resubmitted documents and USCIS received it within the RFE response date. Please can you share pros and cons for both the options or are they correct options to chose. What are all the details/documents required for scheduling the interview? Please post your question in Q&A section. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). I am not sure how strict the immigration about it. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. 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? I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. I know that Oct. 1st my status will change from F1 to H1B. 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). First, you must be present in the U.S. at the time your employer files your extension petition. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. But company x filed my petition when I was in place A and two months it moved me back to place B. I have my H1B visa approved. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. please do let me know. F (413) 584-5411 Is her H1B approved on Oct 2008 is till valid ? Can I travel to India in March ? I am on F1 Opt working for a company. 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! Later, you may jump ahead to certain sections. 3) If I can and should then Whats the procedure ? My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Please let me know what would be scenario. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? 4)Can the new company utilize my approved petition? Could you kindly please provide me some guidance on below question? For how much time can I be on this visa without stamping? 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. My question: Is there any problem in entering to USA as I am going after one year of approval? 1. Hi The increase in enrollment is due to the removal of travel restrictions . What are all the details/documents required for scheduling the interview? please let me know how many days before the expiry date i have to reach US. Is their a validity associated with it. H-1B Specialty occupation Extension of stay in the U.S. I am getting my H1-B start date as 1st Dec 2010. Refer to application form I-129. So, will my last year case have any impact on this year, as I didnt go last year. I am currently working as a full time employee Programmer analyst in e-verified company. No. Otherwise, the issuance of your visa may be delayed. 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 was working on h1b visa in usa from 1-2 years for same client. Were you able to find out whether we can apply for COS or how did you go forward? 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? So, I think you cant go back. 4. 2.What are the options to get a valid I-94, without going back to my home country for stamping? Is the H-1 Visa STAMP required to start the process for Green Card? 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. 2. I would need to H1B, F1 respectively. I am Ram. Is there any info for attending visa interview in India? Is there a final date where I would need to take on my H1B visa? Hello This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. 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). DEC 2015 still waiting for final decision .. 2. Hi, Thanks!! Where are you getting information that you need 3 months pay stubs? If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? My petition got approved. You will need to talk to an Immigration Attorney for your situation. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. I just got this notice, but does it mean I got approved to technically be H1B status? I will answer them in a video. 1> If I join same employer (who filed my H1B) after 6 months Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. I think your employer can extend H1B petition up to 6 months before. Going to Canada for my H1B stamping a good option? Can I get stamping before October 1 and enter the U.S. on H-1B? You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Or do I need to work with employer Y at least few months? Traveling While Awaiting an H-1B Extension. If you have a pending extension petition . Applying H1: Apr1st 2016, Which one is the better option? Im in the very same situation as you were in. I am in similar situation, did you get to know any way to get the COS approved Im US? If documents doesnt come by the time you leave then you can ask your employer to mail it to you. Please answer this question The H1B petition is approved on July 1st. Any people in my situation and got information regarding this,help please. Will there be chance for getting stamped if I attend the interview late? The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. I got my H1B approved for the year 2012. 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. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? If H1 done vs CP, then you will stop working when you enter the US on H4. My petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. even if my h1b is for a non-profit institution ? You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) Questions affecting your status should be answered by an attorney. 2. I filed the petition under masters quota and with COS .
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