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The H1B petition is approved on October 27th. But : My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Going to Canada for my H1B stamping a good option? You need to find new employer. This option is explained here for the benefit of MurthyDotCom readers. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? 1. even if my h1b is for a non-profit institution ? Why are you asking questions impacting your status on forums? 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. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. But before interview i will get my new H1B extension petition. Is there any info for attending visa interview in India? Please share if you get any answer so to your question. Is there any consequences in the case? We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Hi Raghu, 2. P.S: also my husband will join me in the US. If it was a coincidence then my petition was approved using normal processing and I should get my money back. They are the right person to help you. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Hi, Can it be fixed before that date ? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Stamping is not required unless you leave the country and enter again. currently embassy is not operation for normal window due to COVID I think your employer can extend H1B petition up to 6 months before. My new employer has filed the H1b transfer in October 05 2015. From April 1 your status will be H1. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Will my current H1-B application get rejected because i dont have these details? Does anyone know how long an amendment takes? Hi !! 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. 1. Current Location India Your employer will provide you the I9 form to fill for them and it's only after your joining! But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Is the embassy open and is the next step to fill DS160? I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. I have got a questions when you received all the documents to get your visa stamped. 2. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. 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. However getting visa appointments in India is also hard so you just pick your poison I guess. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. Please contact our office before making travel plans. I have not signed any agreement with company B. 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. Will it pose a problem while getting the visa stamped? So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). I am in USA on H4 visa. So, seek legal counsel in this case. Yes you can but you need the approval notice. 1. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). 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. He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). I am a Canadian who has been working in the US with TN visas in the past. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. an assumption, I have authorized CPT and went to India on vacation. My start date was March 5th. Hi, Suppose assume that im transferring in next month December. *You do not need to present your original I-797 approval notice at your visa interview. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? My H1B Status still in Received status, what should be the deadline time to change the statues? Talk to an immigration attorney with new rule about location change. 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. Plus, check to make sure your H1 is not withdrawn. I got my H1B application approved and also done with the stamping on may 2012 . Thanks for the great information. I moved to new the address now (Different State). 1. Now My question is. You dont necessarily have to start working on the start date. Thanks for this information. Any other Visa (L1 or B1 etc ) NO other Visa My H1B has been approved and i am staying in india. Ask your attorney or submit this via Ask an attorney by Email. 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? 2. ?Could you please advice me on the same? 2. Traveling While Awaiting an H-1B Extension. This means I will not be able to transfer it to a new employer. What is the grace period to file the COS now? See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. Visa Validity Applying H1: Apr1st 2016, Which one is the better option? I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. 3. what happens if i leave US before october and couldn come on time. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. So questions to you are: 1. I have applied for SSN in near by office. In the past, this was an option, but currently, only visa renewals can be done in Mexico. I want some time ( may be 1 week atleast ) to resign from present employer. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . Another option is to renew my passport and submit application that way. Published research and other works that are in the public domain should be included in the resume. Went for stamping in Hyd and the status is pending. My Employer from India, I have my client at Location X and Location Y. You dont have to wait until September or October to get Visa stamping for H1B. Timing is upto you based on your circumstances. You cannot choose which status you want to be maintaining. It has already been 6 months since i received my approval. Im on F1 Visa Status currently working in USA on STEM OPT. Mine got approved on 12 Nov, Still waiting for 797. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Unfortunately the communication with the US embassy here is very complicated. If I can return on F1 visa what is the last date I can enter with F1 visa? I did my Masters from US. But i have not received hard copy of documents. Hi, 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 . Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Hi, Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. 1. Dose the h4 extension approval usually takes this long after the h1b is approved ? In short Yes, but is hat H1 petition still not revoked? There will be a visa fee of at least $190 for each machine-readable visa issued. 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). I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). Or do I need to work with employer Y at least few months? Why not get H1B stamping and enter US? My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. I m planning to go to USA. Ganesh Thanks for highlighting it out. My H1B receipt received on April. They are going to apply for h4. Case 1: 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. We are currently stating in US. Theres no way to update a DS-160 once submitted. 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. within 2 weeks. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. This is not the suspension of H1B Visa program. to transfer you need the approval and EAC #. Talk to your attorney. or we are good to travel with updated LCA. I am taking appointment for H1b Stamping and H4 visa for my wife. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. I need your suggestion regarding the travel. For information and tips on filling outForm DS-160, please see this website. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? But the location where i want to go for work is different state than the petition filed for a different state. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? 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. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? 1. Hi Raghu, My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. 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. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. Then comes H1B Visa approval after a long wait. But I too am in a same boat, Hey Raghu. I am currently in same situation. One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. I got a new project with a start date Jan 2nd 2019. I have to make lot of assumptions since you have not mentioned your current status:- 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. Customs and Border Protection (CBP) has implemented an electronic I-94 system. For how much time can I be on this visa without stamping? After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. My questions are I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. I started working since 6 months in pretty big company. Copyright 2005 2022, MURTHY LAW FIRM. Be practical. It would be of great help if you can answer me the above questions. 1) How Can I know that my Petition was approved using PP or normal processing I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments Work for Company A generate at least 2 pay stubs and then do the transfer? Most visa applicants must appear at a consulate for personal interviews. Can I get stamping before October 1 and enter the U.S. on H-1B? my time period exceeds means from india i can Apply my H1B or not. He would really like to get some help from a professional to make sure that all the documents are correct. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. As there are not much requirement during November and December month. Now my employer is telling me to go for stamping with client A documents. I got my H1B approved through Consular notification. Hi HSB, 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. When can I start working for the employer? First, you must be present in the U.S. at the time your employer files your extension petition. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. My OPT extension came in effect from 10/01/2016. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. But I have left from the company which applied my H1B. That office now has jurisdiction over your case. Close All Open All Cap-Gap Extensions Eligibility for an Extension I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? My case got recently approved. I cant help you here. Thank you. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. H1b extension is taking about 5 months for regular processing. Not advisable . Am I considered out of status ? A copy of you VAC-stamped DS-160 confirmation page. Any help is appreciated. is this usual? 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. What are all the details/documents required for scheduling the interview? 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). 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. The 2004 Hernandez letter remains helpful and relevant even after many years. I just wanted to play safe and avoid going for stamping in this trip. Travelling to US for the first time. You can do the math from there. Your H-1B photograph. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. But I couldnt get any job because of corono . Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. Please also be sure to email us a copy of the I-94 printout for your file. Is their a validity associated with it. But due to unavoidable situation ,I need to travel to india. Company B is a consultancy company. 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. I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. Is it possible to transfer my H1B without any issues? I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. 3. Congrats on your H1 approval. I was trying to go for masters at the same time so I took both chances parallel . what wil happen to my H1b? You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). 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. Now, my current employer is asking me to leave the country as my petition was denied. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. I have H1-B petititon approved in 10th October 2010. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. My OPT expiry date: 03 Jan 2017, Currently I am getting interview date of March 5th. if so, what should I do for a month? Thats measn your OPT will be extended till Oct1, when your H1B becomes active. Got the recpiept on amendment but havent heard anything from USCIS. 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. 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?? But, exactly how much is that?. Its a direct client. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. I have a weird situation. 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). I think 6 years will start when H1B status is activated. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. My parents are coming to US for a visit. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? However I have a bit tricky situation. document posted to employer and I am a resident of UAE and Indian Citizen, Should H1B Approval notice sent to employer. 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. You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. Hi, 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. all the same forms, and interview etc? Accurate I-94 records control your lawful status: they are very important. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. Please correct your article. Also, please suggest if people are getting their H1B approved? 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. Can I attend the interview by oct-09? Do we need to visit counsellte again for stamping? My H1 transfer is approved by employer B (new employer) and I received an approval notice. However, each U.S. consulate will have varying rules. can I travel and come back without any problem? Many consulates use an online appointment system for visa applicants. I dont know if you can start working if online status says approval. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. When he asked to return the money they are not willing to do so 2. Hi Raghu, My H1B visa has been approved and I am waiting for my Stamping. Where are you getting information that you need 3 months pay stubs? Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? Should I cancel my H1B ? Please advise. Please let me know. Can i apply for the H1 B visa NOW?? Please share some information wrt this. 3. 1)i have opt extension up to 2018 july is still valid or not?? Current Status Visa type 3. Prior to this my OPT ended on 09/26/2016. I have two options below. 3. 1. 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. But my client job can be terminated before visiting India by Oct10,2016. How do keep it active? Is there any risk involved in it? Now, I am wondering if I am unable to get the above position. Yes. 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. 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). my status showing as below. I am on F1 Opt working for a company. But with some personal issue, I need to travel to India in the 2nd week of April 2019. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. 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. 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). Would it give problem to me ? Your question boils down to one sentence DO you need Transit Visa for France? 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. I have the same doubt. If i go what will be the problem to my H1B? Both of our visas got expired as of sep30. Im in H1B Status now and planning to transfer to new employer. You can go for H-1B stamping to your nearby American consulate. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? But, do you want to wait around to get into H1B under this current scenario? My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. Still the status show it is under review, I am not sure what is the processing time in general. You can alter the auto-generated information to tailor it for your dependents. You are right. It will be bumpy ride. Appreciate any help on this to get the SSN ASAP for her to . Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? My H-1B got approved recently as my employer applied it through Bachelor's degree. Yes, if #1 is True. For some personal reason, I am quitting my job with present employer( who filed my h1b). Instead of checking Change of Status, they indicated that I am outside US. 3. Will my extension application be cancelled and do I need to apply again? Will there be any issue with that on stamping. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. Currently I am working for company A and my H1b got picked up this year. I got my first H1B approve in Sep 2011 for 1year. Hello Everyone, 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? He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. 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. H-1B Specialty occupation Extension of stay in the U.S. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S I came to US in 2006 for my Master's. Here I got some confusions.. 1.