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His wife came on h4, now got h1b through lottery. But I am considering the former option. If COS is approved, your L1 is gone! My current employer Dell India wants to me to work for them in Austin. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. Travel After Change-of-Status Approval with Future Start Date 1. If Your H-1B Petition Has Been Approved as a Change of Status: I started working since 6 months in pretty big company. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. My H1 is starting from Jan 01, 2011. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Email info@cbkimmigration.com Hi Raghu, The case is approved on August 23, 2022, with a change of status from F-1 to H1B. case created:15th June, Case updated:18th June. I am currently in same situation. 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. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. The end date indicated on the I-94 is your status expiration date. So did you apply for STEM extension? Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? I have received the approval notice which is valid till June 2020. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. But, if you get denied, Im the one to blame. If you move before you receive the notice, call customer service at 1-800-375-5283.. 3. with the application itself. But i have not received hard copy of documents. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? My employer is saying security check is going. Another option is to renew my passport and submit application that way. 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. 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. This means I will not be able to transfer it to a new employer. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. For ex. I am sorry if my above assumptions do not fulfil your case. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Check with your attorney for suggestions and answers. Will the H1B come in effect from 10/01/2017 ? Currently I am working for company A and my H1b got picked up this year. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. All Rights Reserved. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). My EAD ends July 10, 2020 and my H1B got approved June 11,2020. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. 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. 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. I got a situation Herr, I got my approval notice for H1B 2016. I will answer them in a video. Will it pose a problem while getting the visa stamped? The approval notice shows same i94 number as h4 when she entered the US. Can I put resignation and wait to join other employer ? The H1B visa transfer process is as follows: 1. And Ill be working remotely. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. After coming to US i changed my status to F1 in June 2011. If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. Hello Raghu, I would need to H1B, F1 respectively. Thanks. Hello, 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? My H1 stamping was expired and my currrent petion is valid up to Jan16. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? If your employer is not giving the letter, then you have to go with what they have given. Please advise. During this period, prospective petitioners and representatives can complete and submit . Looks like you have figured out the best path and as you said, theres no ideal option. Also, please suggest if people are getting their H1B approved? when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). Is this a right thing to do ? Is i am eligible to stamp by next employer OR my petition is waste. A DHS memorandum dated May 16, 2000 states that an alien in . If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. I got selected to start a 3 years residency program at a major US university. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. Once you are in US ask the new employer to file for COS with I94, 2. 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. As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. can you tell me do i need to pay the complete fee or no. After going there i would like to change my status to H1B from F2. 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 2.What are the options to get a valid I-94, without going back to my home country for stamping? You dont need 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? The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Please suggest. Please be sure to do the same for your dependent(s). But, it is maybe good to get it clarified with an attorney. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . I had not scheduled my visa interview, and I didnt join that company. One of my friend has the same issue now. Since then i am in india, and did not attend US consulate for stamping. Do I need to leave the country ? Is their a validity associated with it. Any people in my situation and got information regarding this,help please. If so, how long does it take to receive the hard copy of approval after the decision is made? 2. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Timing is upto you based on your circumstances. What should be the next steps for me ? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Looks like your COS was abandoned. But my Visa Petition status is showing active and approved. 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? I have been postponing travel abroad because it is not suggested while approval is in process. I will NOT be travelling out of the country. I have to go for stamping in Chennai. 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 ?. Get approval, then stamping. My H1B was on RFE. Is it ok, if I stamp my visa first and then my wife and kid go later on. However, i have also pursued a masters degree in Environmental science with which i am working right now. Required fields are marked *. The I-94 reflecting the change of status is attached to the approval notice. Travel Check List for H-1B - International Students and Scholars Office Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? Please Help. My L1 is valid until Jul 2012 and H1B until Nov 2012. 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 Attorney should give the list of documents. 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. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). My case is approved for H1 B cap for year 2017. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. 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. Yes Some people may have H4 visa or others may have F1 to come back to USA. My case falls under h4>h1. Do I need to get a date from consulate to get H1B Stamping in India? 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Thanks. My H1B got approved this year but unfortunately my employer let me go. Second How tough to get H4 Visa? 6. After H1B Visa Approval Notice Sent Your Do I also have to inform my University of the COS? If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. I have only LCA ETA form 9035 & 9035E. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? an assumption, I have authorized CPT and went to India on vacation. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. I think I can work as consultant initially and transfer H1B. Can I travel internationally when H1b is approved but not - Quora If you continue working, you run the . I have got a questions when you received all the documents to get your visa stamped. interesting how to apply for dutch passport ? I did my Masters from US. Or should I do the same my employer has asked me to do. And new passport have details of older passport in it. 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. Thanks, The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. 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. Nationality- Indian Due to some reasons their department HOD is not going to sign the OPT form. You cannotify USCIS of any change of address online. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. What is the consequences of never stamping or late stamping ? My H1 transfer is approved by employer B (new employer) and I received an approval notice. Is there any info for attending visa interview in India? Hi Raghu, *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . i read from various web sites saying generally people go to either MEXICO or CANADA. So, I have 2 questions: I think it will be extension of status and its gonna take 7 months in regular processing in VSC. You should consult an attorney to see what options you have. 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. Second, submit a change of status application. Sorry, They gave Master service agreement and PO copy between them and client. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. Hi Raghu, No. I m planning to go to USA. 2) when can i go for the stamping?? If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. Thank you so much for setting up this website and blog. within 2 weeks. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. Can I travel to home country and return without getting my H1b stamp? Accurate I-94 records control your lawful status: they are very important. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Can I have my first H1B visa stamped in Canada? what wil happen to my H1b? Education US or non US ( there are certain quota for US Masters Degree or PHD students). Published research and other works that are in the public domain should be included in the resume. Can I travel outside US now ? So, seek legal counsel in this case. I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. After your H1B Visa is approved, you have to follow the path back from USCIS. Please suggest I am in huge confusion and tension. Thanks!! Your visa stamp will reflect the I-797 validity. Stamping is not required unless you leave the country and enter again. Else, it can take months and theres not time limit. My H1b approval is expired last month. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. Please advise. Hi, Should amendment be filed before Oct 1?? I am a little confused as to when to have my visa stamped. 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. 9. I dont know if you can start working if online status says approval. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. The increase in enrollment is due to the removal of travel restrictions . Kindly reply. Company B is filing H1b for me. I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Has any one got H1-B petition approval notice ? Should he apply separately for an H4 or should we do it together? All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. We got new client new location so filed amendment. 3. Will my extension application be cancelled and do I need to apply again? Visit this page frequently to know the latest updates. If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. 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. What is the maximum duration I can wait before going for stamping. Should I have to appear again for visa count ? After that, I changed Employer without stamping. H-1B Change of Status - Immihelp Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) I have to make lot of assumptions since you have not mentioned your current status:- you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. I am not sure how strict the immigration about it. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. I think you have to wait for the notice to reach your employer. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. Thank you in advance. Why are you giving incorrect info? Can I get stamping before October 1 and enter the U.S. on H-1B? I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. In USCIS site, my case status was changed to approved on July 16, 2015. Congrats on your H1 approval. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? You can ask an Attorney here http://bit.ly/hsb-ask-attorney. i9 will be used for your job and visa verification by your employer. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? Thats measn your OPT will be extended till Oct1, when your H1B becomes active. I am in similar situation, did you get to know any way to get the COS approved Im US? You need to apply via lottery. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. I am currently on L1B visa in USA. if yes then how. How this H1B visa be utilized in these two cases: You are on H1 and you should get paid! My employer files an H1B cap-subject petition for an F-1 student on April 1st. 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. If you have the approval notice for H1B, then can apply for H4 now. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Can I attend the interview by oct-09? 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. can i take got visa stamping with that case ? 2)Got an Approval Status on March, 2012 I just want to know what all documents I have to collect from my employer. You dont necessarily have to start working on the start date. Please also be sure to email us a copy of the I-94 printout for your file. Currently I am in my post completion OPT. Can it be fixed before that date ? Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. I have sent them my approval notice also. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. As there are not much requirement during November and December month. Id have a question. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? I had started working with my new employer after I had received the petition filing receipt. and my last day in the organization was 11/16/2018. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. I have checked my status online and it says , we denied your i129 and mailed you the decision . I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice You have 3 options. 2. Meanwhile he was unable to attend residency and makeup session class in his last semester. I have a question about changing of visa status. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. So they requested a data fix to SEVP to fix my SEVIS record. Not sure, why they have to say H1 cant be extended. Or, are there still any possibilities to be rejected? First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Myself Bhanu. This includes changes in work location, salary, and job duties. PDF IMMIGRATION FACT SHEET - Sidley Austin There are some exceptions to this rule. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. Does anyone know how long an amendment takes? 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? See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Please share your case. Your H-1B status is valid until the end validity date of your most recently issued I-94. Your question boils down to one sentence DO you need Transit Visa for France? Will my current H1-B application get rejected because i dont have these details? So i wanted to schedule the H1B interview by the second week of Oct-09. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. The H1B petition is approved on July 1st. Hi Raghu, I joined them in 2018 when I was on F1 . Thanks. If your stamp is valid, you can reenter US with that, you dont have to get stamping again.