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Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. 4. But due to unavoidable situation ,I need to travel to india. I got my visa Approved under Premium Procesing yesterday. How do keep it active? From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. How do I make this appointment, and with whom? Its very helpful. Total stay in US Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. You should review all of this information after each H-1B approval. 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? The original I-797 approval notice. 1> If I join same employer (who filed my H1B) after 6 months Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. There is no grace period. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Whether my H1B will be denied etc? I am still on my OPT that runs till next year June. This means I will not be able to transfer it to a new employer. In Mar 2019, my employer had filed an amendment for change of location. After 30 days, it will have to be done through an extension with USCIS. 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. Could you kindly please provide me some guidance on below question? Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. Please let me know. 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). My petitioner has sent me WO agreement between petitioner and client for whom I will work. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. 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. Mine got approved on 12 Nov, Still waiting for 797. I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. 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 Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? I was on F1 and recently changed from F1 to HIB. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? 1. Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. Thank you in advance . Will the company C transfer H1B (I dont have pettion copy or approval notice with me) This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. You can start working on H1 as per the Start Date listed on the Approval notice. 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. It seems in either of the two cases I have to attend the visa interview in the home country. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. same office location but the new address of residence is in different county. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. In 2018 November I had to leave US and (the organization where I was working) because of a family can I travel and come back without any problem? Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. USCIS now provides a copy of the I-129 petition directly to US consulates. H1B Transfer & Change of Employer - Full Guide (2023) My H1 is approved with COS. I know that Oct. 1st my status will change from F1 to H1B. I think you have to wait for the notice to reach your employer. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? My Visa interview is happen on June18th and counselor has taken my passport. 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. A travel letter template for your employer to complete before you travel can be foundhere. I still did not receive my So, I think you cant go back. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). But I never travelled on this VISA. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. 2. Please can you share pros and cons for both the options or are they correct options to chose. Checking the feasibility of changing employer 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. If COS is approved, your L1 is gone! So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. i read from various web sites saying generally people go to either MEXICO or CANADA. towards the end of 6th year. Yes, you can use the 1 year validity passport to go for visa. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. 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 share on who did you handle that circumstance? If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. If you told for me to went there and got the stamp when would you suggest? or is that an approval notice? My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. It happens and theres nothing you can do but wait. Sorry, I dont know the answer. 2. As per USCIS website, filing is mandatory but approval is not to work in new location. Work for Company A generate at least 2 pay stubs and then do the transfer? Some people may have H4 visa or others may have F1 to come back to USA. Kindly guide me what should be my next step. Be practical. Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. Same steps as applying for new Visa. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. 2. 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. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? I am not sure how strict the immigration about it. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. Thanks a lot for the response, Raghuram. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Get approval, then stamping. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? Now Im confused If my petition was approved on the same day they received my request for PP ? I am currently in India, I got my H1B Picked and yet to be approved. 1) I had received RFE. Hello Everyone. 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. Traveling in H-1B Status - Office of International Students & Scholars 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? I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Do I need to leave the country ? Or go with the existing Ds-160 and show them the approval notice when questioned. My case got recently approved. I had my H-1B petition approved from last year, but my employer is asking me to wait since the job situation is not good in the U.S. What should I do. So how long does it take to have visa interview (in genaral). This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Why are you asking questions impacting your status on forums? You dont necessarily have to start working on the start date. What are the time lines for this modification?? So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. 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. 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). Will there be any serious issue duing VISA interview. Is their a validity associated with it. So what shall we do ? 3. dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. Your H-1B status is valid until the end validity date of your most recently issued I-94. I just graduated with Bachelors in Computer Engineering from a US university this august. If you had approvals in the past 6 years, then you dont count in the lottery. Hi Rushi, I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. I came to US in 2006 for my Master's. I wont have time to get my visa changed over to H1B during this trip. 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. I am in a desparate situation. 2. So questions to you are: 1. Please help addressing tis issue. But now the requirement is not there with client Y. But which document i needed to get stamp by next employer. Any other Visa (L1 or B1 etc ) NO other Visa Thanks. H1B Petition approved but I-94 is not updated - Immihelp Any help is appreciated. My visa stamping is done on May 2012 in Hyderabad . Ideally how much time it takes for the approval notice to reach at our end? You have to be worried only if are doing anything wrong. what exactly this security check and how many days it will take. 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. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). AVR to travel back to US with no H1B stamping and expired H4 stamping My company applied for the H1B but are now saying that there are no projects. 2. I am in US on F1 visa now. 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 . Please advise what should me the best approach here. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know Here I got some confusions.. 1. If yes, I need to get updated project/client related documents from the employer who filled. Dont try to save on FICA taxes . Thanks for the great information. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. The USCIS responded that the travel does not change the equation. Is there any consequences in the case? After that, I changed Employer without stamping. It can take four to six weeks or longer for visa appointments. Your employer will file H4 visa along with your H1B application. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. Is it dangerous? 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. You need to ask an Attorney. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Before the start date of the job or after a while the job was started? My new employer has filed the H1b transfer in October 05 2015. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. file MTR or appeal. as i will be traveling to my home country that time. 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. They would have to file COS from H4 to H1 ( and they can do in Premium). currently embassy is not operation for normal window due to COVID Travel in H-1B Status - Johns Hopkins University If Your H-1B Petition Has Been Approved as a Change of Status: 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. 2> If I join a different employer after 6 months. Do you need New H1B Visa Stamping after Transfer? H4? FAQs Can I travel outside US now ? Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. Unfortunately the communication with the US embassy here is very complicated. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. I94 validity and with what Visa Type FAQ: International Travel During F-1 to H-1B Change of Status Post the question to Attorney Murali via Ask an Attorney. A DHS memorandum dated May 16, 2000 states that an alien in . Do I have to await the approval notice before joining the work force? I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Raghu , Thanks Raghu. 2) I dont have pay slips as I never joined company A. 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? 3. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Please advise. I am afraid of expiry date, what will be best solution for it . I joined them in 2018 when I was on F1 . if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? If X is L1, you cannot and should not work on L1 beyond the H-1B start date. Please review this material carefully. You may begin work for an employer while your application for a Social Security Number is pending. Location change is from my employers location A to location B. How this H1B visa be utilized in these two cases: There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. OPT should be still valid Travel while H1B Pending (Extension, Transfer, Amendment, COS) 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. Thank you so much for setting up this website and blog. Did you transfer your H1B to your current client without working with Employer Y? Please suggest I am in huge confusion and tension. Please respond. I have a question , 4. And, Does 3 year duration starts from stamping date, or it is from Oct2019? You need to apply via lottery. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- But my attorney filled the form incorrectly. Now My employer requested me to come to USA. If yes how.? If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. You have to understand the concept of H1B Visa and Change of Status. It is really helpful for the candidates like me! Even for my wife the DOB is wroing in the I-797. Raghu, So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . 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. 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. 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. Congrats on H1B approval. Is it ok to wait for more than 3 momths after my H1 approval? Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! I hope you will be able to help me. What are the options available for me to go for stamping for change of visa status? Try again few days. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. MY H1B employer is OK to work with Dell in Austin. Yes. H1B will have a start date, so you can enter upto 10 days before the start date. What are all the details/documents required for scheduling the interview? 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. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. (Shilpi says: December 3, 2011 at 1:42 AM). 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? eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). but what will happen at the time of stamping.? But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. Thank you for the answers, Rao and Raghuram! Is there any company who can do H1 B visa can just reply me. Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. 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. 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. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Pls reply But I too am in a same boat, Hey Raghu. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. Education US or non US ( there are certain quota for US Masters Degree or PHD students). Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . You can start from here https://askanattorney.happyschools.com/ Now in ds160 I have filled new passport details. So when my transferred petition approves i would be having only 4months from the visa expiry . So, will my last year case have any impact on this year, as I didnt go last year. 2. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. Hi Rk, we are in same situation, can u please let me know what you have done. So can we file one more amendment without any issue when the previous petition is still in progress? The DOB is in the new I-94 which is at the bottom of the I-797 document. Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me If your employer is not giving the letter, then you have to go with what they have given. 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. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Employment duration with present employer 6 months. Updating the address in USCIS website is sufficient or anything else is required? Is my petition still valid and can be considered for cap exemption.? please do let me know. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Questions affecting your status should be answered by an attorney. i got my first H1B approve in Oct 2009. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. If i find a new employer will I still be cap exempt? If this happens, please contact us so we can discuss how to maintain and extend your status. But, it is maybe good to get it clarified with an attorney. Copy of your old H1B approval notice and offer letter, pay stubs, etc. My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. I have applied for SSN in near by office. My Green Card process may start early next year. Hi Ram Im exactly at the same situation like yours now. 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. 3. I wasnt planning to go to India for H-1 stamping this year. Then comes H1B Visa approval after a long wait. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. I live outside of the US, and only 10 days to find apt and get ready to work?? Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Visa processing times and questions can be stressful at times, thank you for replying to the queries. Can you please tell me what shud I do to correct that ?? Is this possible? You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. Please also be sure to email us a copy of the I-94 printout for your file. I have the same concern being in the same situcation as Shilpi mentioned A copy of you VAC-stamped DS-160 confirmation page. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . Stamping is not required unless you leave the country and enter again. My employer says it could take upto 4 weeks. 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. It counts based on effective date or expiry date? Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. Is there a way I can reenter the States using my current F1 visa? I agree with your attorney. I would like to know what would be my options if Id like to extend my petition. Its taking longer than usual for H1B processing. Can I get to continue to work with my current visa status (L1, L2 or OPT)? I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). 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/*.