https://premium.happyschools.com/course/consulting/, Hi Raghu, Congrats on H1B approval. You can start working on H1 as per the Start Date listed on the Approval notice. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. H1B will have a start date, so you can enter upto 10 days before the start date. Plus, check to make sure your H1 is not withdrawn. I have applied for premium H1 extendion this week. My H1 got approved in August. I wanted to visit home before I start my job. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . After approval of my petition, how long can i wait for change of status or getting stamped ? I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. 7. Do you see an issue with this? Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. Not its not valid. My extension of H1B i129 was approved last week and I am living within US now. Shanvi. Hello Thank you. Can I get to continue to work with my current visa status (L1, L2 or OPT)? Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. You should have the approval notice (I-797) form. My H1B status is approved . 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. Please let me know if this is advisable and if not what are the consequences. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. My employer saying till january I may have to wait. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. I would like to know what would be my options if Id like to extend my petition. Ive 4 years work exp. My case falls under h4>h1. It counts based on effective date or expiry date? My cousin has been thinking about getting his h1b visa in order to get the career that he wants. The H1B petition is approved on July 1st. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. whether can I come back to US? If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. A reciprocity fee may also be required. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. 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. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. My attoryney applied for an amendment on June 2nd. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. My fiance and I both work for the same company in the US. The DOB is in the new I-94 which is at the bottom of the I-797 document. I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. 4. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. I94 validity and with what Visa Type Not sure about I94, visa type is H1B I live outside of the US, and only 10 days to find apt and get ready to work?? Thanks, On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. 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 am applying for cap-exempt H1B by my prospective employers petition with premium processing. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? 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. Iffurther information is needed you will be contacted. My employer has filed for H1B amendment for new location. Refer to comments policy. Your H-1B photograph. We have applied for the extension and we have got the receipt. We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. 3) However I left my employer who had filed my petition in February 2012 to join a new company Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Opt Expiration date : December, 2012 If would get the degree. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? I d like to know How long is the approved petition valid for and when last can travel to US ? The H1B petition is approved on October 27th. I still did not receive my Typical administrative delays are 2-4 weeks, but some are much longer. You are on H1 and you should get paid! Please review this material carefully. within 2 weeks. Can i be denied my h1b visa stamping because currently i am not teaching? But the location where i want to go for work is different state than the petition filed for a different state. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. I am on the place as you are. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. Visit this page frequently to know the latest updates. Show them your I-94. Can I transfer my H1B without working with employer Y before October. 2) I dont have pay slips as I never joined company A. I am applying for H1B COS on 01-APR-2017. Hi, I would need to H1B, F1 respectively. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Visa stamping has been expired now. pls help. The approval notice shows same i94 number as h4 when she entered the US. 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? Im on F1 Visa Status currently working in USA on STEM OPT. Again i m talking abt having multiple amendments ( not transfer). Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. I got my initial H1B Approved From OCT 2019 to Jan 2020. Is there any dependency of result of one amendment on the other. 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. Can I put resignation and wait to join other employer ? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. You cannotify USCIS of any change of address online. 2. Would it give problem to me ? Checking Your Status Expiration: H-1B Workers and their H-4 Dependents hi Raghu or we are good to travel with updated LCA. Can I travel internationally when H1b is approved but not - Quora I am and just want some company in anxiety. 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? Will my extension application be cancelled and do I need to apply again? But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . 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. 1. If it was a coincidence then my petition was approved using normal processing and I should get my money back. I am Ram. Quick question- I received the COS from L1B to H1B two days back. What is the grace period to file the COS now? Prior to this my OPT ended on 09/26/2016. I just got this notice, but does it mean I got approved to technically be H1B status? can i re-enter USA on my F1 visa without any issues in port of entry?. So in that case i need to attend visa interview again to make my travel. They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4. Im not sure where you can attend the visa interview from. 3. My OPT extension came in effect from 10/01/2016. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. e.g. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog i have new employer and will file h1b cap counted next week. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. 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. My first trip to Canada will be August 2011. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. Is it dangerous? 2. Could I have issues at the port of entry airport because of the H1-B pending? (Or) How much time do I have, to travel outside the country and get the H1B Stamping? I94 validity and with what Visa Type Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. 4. 1. 1. Nationality 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? A DHS memorandum dated May 16, 2000 states that an alien in . CBP officers at the port of entry are not required to grant these additional days, but you may still request them. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. In this scenario do I need to go to home country for H1B visa stamping? Is there a way to salvage my petition ? I was on F1 and recently changed from F1 to HIB. I have the same concern being in the same situcation as Shilpi mentioned Can I travel to home country and return without getting my H1b stamp? Is it mandate to get the stamping done and travel to US during the validity period. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. 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. My spouse live outside of US. Now can go for stamping or not. E2 EAD maybe better then H4 EAD. I got my H1B application approved and also done with the stamping on may 2012 . So they requested a data fix to SEVP to fix my SEVIS record. After that, I changed Employer without stamping. Hi , Thanks !! 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. 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". Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? Your Attorney should give the list of documents. If I go for stamping in India for H4b will I have any problem ? Can I have my first H1B visa stamped in Canada? my time period exceeds means from india i can Apply my H1B or not. Im not sure how USCIS treats the approved petition. Visa Validity DEC 2015 still waiting for final decision .. F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . My current H1B visa expiring in 31 Dec 2016. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. H-1B Status and the Cap Gap Extension | Study in the States - DHS 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. Now again i am filing H1B. what exactly this security check and how many days it will take. Now Im confused If my petition was approved on the same day they received my request for PP ? Ganesh Thanks for highlighting it out. Case 1: Case details: So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? Please help. Consult and attorney. Now i am leaving current employer which files H1B & joining another employer. If your employer is not giving the letter, then you have to go with what they have given. What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? My employer files an H1B cap-subject petition for an F-1 student on April 1st. So can I continue working on my L1B visa till will get new project from this third party consultancy ? Hey RFE and travel puts you in tough spot. 2. and my last day in the organization was 11/16/2018. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. 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). Will the company C transfer H1B (I dont have pettion copy or approval notice with me) 1> If I join same employer (who filed my H1B) after 6 months What is the consequences of never stamping or late stamping ? Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. yes , responded to RFE in NOV 2015 . Visa processing times and questions can be stressful at times, thank you for replying to the queries. It is really helpful for the candidates like me! My case got recently approved. Thanks for this information. Both of our visas got expired as of sep30. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. Once I check that my H1B is approved on the internet, can I start to work right away? list of documents required for H1B Stamping. Please help addressing tis issue. Dont try to save on FICA taxes . It takes few days for the Database to sync between I-94 and DMV. I have H1-B petititon approved in 10th October 2010. Im in H1B Status now and planning to transfer to new employer. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. 2. 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? Hi, my OPT extension is valid until June 2018. My Petition got selected for h1b by lottery. My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. 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. Thanks!! I have the copy of the police report that was filed when I lost my passport. Ive my client letter, pay stubs, W2 forms everything clean. You are right. I have my new passport with me. Based on these facts, the change of . 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? 1. That will answer all your questions . 3. My employer specifically mentioned that they will revoke my petition on or before 30th September. While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. Travel in H-1B Status - Johns Hopkins University 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? Is there a way I can reenter the States using my current F1 visa? If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. My current employer Dell India wants to me to work for them in Austin. I was working on h1b visa in usa from 1-2 years for same client. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. I can return back to work to the same employer or different employer after few 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. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. Why are you hesitant to renew your passport? I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? My petitioner has sent me WO agreement between petitioner and client for whom I will work. I think 6 years will start when H1B status is activated. Am I considered out of status ? We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. Hi, H-1B Change of Status - Immihelp Now I can utilize the same Petition number to other Employer. 4. First, you must be present in the U.S. at the time your employer files your extension petition. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? or is that an approval notice? However, we cannot predict if you will face any issues unless we have more information about your specific case. please let me know how many days before the expiry date i have to reach US. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. Education No US Degree (Graduation and Post Graduation from Indian University) Refer to US Consulate website and Required Documents list in this blog. My joining date with other employer is after 3 weeks. Also after receiving my I797 notice, can I go and apply for SSN? Should I cancel my H1B ? What happened ? Your visa stamp will reflect the I-797 validity. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. When i checked in the portal on the status of Visa on 19th June 2018.. it is as follows: Your Visa is currently undergoing necessary administrative processing. What form do I have to submit for the visa interview? COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog But now the requirement is not there with client Y. Sorry, They gave Master service agreement and PO copy between them and client. 3. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? 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. as i will be traveling to my home country that time. You can apply for your visa stamp in a Third Country such as Canada, or you can apply in your home country the next time you go home. But due to unavoidable situation ,I need to travel to india. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? His wife came on h4, now got h1b through lottery. 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.. Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. Traveling in H-1B Status - Office of International Students & Scholars If you have a pending extension petition . 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. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Check with your attorney or https://askanattorney.happyschools.com/.
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