Hello Everyone. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. 1. https://www.happyschools.com/ask-an-attorney/. Suppose if August 2021 this is not stamped then what is the further option? 2. Is her H1B approved on Oct 2008 is till valid ? Since then i am in india, and did not attend US consulate for stamping. If yes then what would be the approximate cost of status change ? 1. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. Would i have to explain why there is a gap between my approval and commencement of work? But, if you get denied, Im the one to blame. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . can I travel and come back without any problem? should I get back to the US before the 7th of July ? H1B Transfer & Change of Employer - Full Guide (2023) I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? You will need to talk to an Immigration Attorney for your situation. 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 :(. No you cant. Can I get to continue to work with my current visa status (L1, L2 or OPT)? You cannot choose which status you want to be maintaining. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. I got F1 Approval in June. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . This analysis was provided by the USCIS in the form of letter guidance. I am in India. 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. Some changes may require an amended H-1B petition. Thanks. You should consult an attorney about a status-related question. Always consult an immigration attorney to get your questions clarified. Please answer this question And now his petition is getting expired in july 2011. Kindly guide me what should be my next step. Theres no way to update a DS-160 once submitted. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. 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. And, Does 3 year duration starts from stamping date, or it is from Oct2019? But : Or do I need to work with employer Y at least few months? I have been with this employer before my change of status. I just want to know what all documents I have to collect from my employer. Let me know if you have seen this before. I am a Canadian who has been working in the US with TN visas in the past. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? Typical H1B visa start date would be October 1st if the application was submitted during the month of April. You can continue on your current visa till your H1B is stamped. Since i am going in Dec 06, 2010 to Dec 19,2010. International travel by foreign national trainees and employees must be planned carefully. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. 1) How Can I know that my Petition was approved using PP or normal processing Could I have issues at the port of entry airport because of the H1-B pending? I am applying for H1B COS on 01-APR-2017. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Please follow any instructions provided by the counslar at the time of your interview. Will my extension application be cancelled and do I need to apply again? My H1B I hope gets approved next week if so how long will it take for me to get it stamped? my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. This is reason I considered going Canada instead. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know All Rights Reserved. My fiance and I both work for the same company in the US. My attorney recommended that I should not travel to India until next summer. Hi Raghu, During this period, prospective petitioners and representatives can complete and submit . Current Location India My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. You can start working on H1 as per the Start Date listed on the Approval notice. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. I am in india right now. Hi Raghu, Current Status OPT e.g. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. Hi Raghu, I need to travel to India by this month end. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Yes, you can use the 1 year validity passport to go for visa. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? pls help. My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012. I am currently on OPT with H1 Approved status starting from Oct 1, 2016. Did you transfer your H1B to your current client without working with Employer Y? ( was on H4 earlier). I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. I came to india and got H1B stamp in my Passport valid until September 2012. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. document posted to employer and I am a resident of UAE and Indian Citizen, Should So how long does it take to have visa interview (in genaral). On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Be practical. I am currently in US on L1 visa and checking options to moving to h1b visa. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Will there be any serious issue duing VISA interview. Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. what exactly this security check and how many days it will take. 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? My H1B has been applied from an MNC and it got approved. I have an active L2 EAD and I am working at the moment. Is it possible to continue with my trip to India? (Shilpi says: December 3, 2011 at 1:42 AM). Will that be enough to show employer and employee relationship or still end client letter is required ? If I can return on F1 visa what is the last date I can enter with F1 visa? Please Help. 2. My H1 is starting from Jan 01, 2011. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS Please be sure to do the same for your dependent(s). If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. What should I do now ? Is there any info for attending visa interview in India? 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. Your visa stamp will reflect the I-797 validity. When he asked to return the money they are not willing to do so can i re-enter USA on my F1 visa without any issues in port of entry?. Most visa applicants must appear at a consulate for personal interviews. Thanks !! In USCIS site, my case status was changed to approved on July 16, 2015. So can I continue working on my L1B visa till will get new project from this third party consultancy ? Theres no wait time. My H1B has been approved and i am staying in india. My petition is approved for the year 2015. Your H-1B photograph. Now Im confused If my petition was approved on the same day they received my request for PP ? Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). 8. 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. 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. Is it necessary to work in petitioned company, while going for an H1B interview. Thanks. Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. You need to apply via lottery. Please contact our office before making travel plans. Hello, If you move before you receive the notice, call customer service at 1-800-375-5283.. I wanted to visit home before I start my job. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. 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. with the application itself. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. same office location but the new address of residence is in different county. Please respond. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. 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). Published research and other works that are in the public domain should be included in the resume. Sharad. Can I get stamping before October 1 and enter the U.S. on H-1B? I will NOT be travelling out of the country. You may have different questions with respect to this situation. Hi Ram Im exactly at the same situation like yours now. My employers attorney has filed a service request too with USCIS, but no updates yet. Talk to an attorney https://askanattorney.happyschools.com/. You can also request a "Travel Letter" from our office. In 2004, the U.S. Else when is the earliest to do that?? I have checked my status online and it says , we denied your i129 and mailed you the decision . The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. If you live outside the United States, you can schedule your H1B visa interview. PDF Instructions for LS intl f-s in H1B in US - middlebury.edu H1B Visa 2024 Lottery Predictions - How Many? Analysis, Results But my attorney filled the form incorrectly. 3. Since then I have acquired alot of helpful information that has helped me tremendously. In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. Based on these facts, the change of . I have got a questions when you received all the documents to get your visa stamped. I have applied for SSN in near by office. My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? My H1B visa is showing approved now. Travel Check List for H-1B - International Students and Scholars Office 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. So, will my last year case have any impact on this year, as I didnt go last year. Question I have is my husband was in F1 and went ahead with divorce. My extension of H1B i129 was approved last week and I am living within US now. Thanks, Lets say if my application picked up in lottery and Ill get result in May/June. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". I know that Oct. 1st my status will change from F1 to H1B. I cant help you here. 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. You should review all of this information after each H-1B approval. If you had approvals in the past 6 years, then you dont count in the lottery. Such guidance does not carry the binding force of law or regulation. That will answer all your questions . within 2 weeks. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? I have got a valid H1b approved petition from my current employer. 3. you have to provide EAC NO SOME IS VERY HELP FULL. Is client letter mandatory while attending H1B visa stamping. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. @Fanny We don't provide legal help. HI, There are two steps involved in changing visa status from H-1B to F-1. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. My L1 is valid until Jul 2012 and H1B until Nov 2012. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . Copy of your old H1B approval notice and offer letter, pay stubs, etc. Can I attend the interview by oct-09? You can do the math from there. I would need to H1B, F1 respectively. How To Travel On H1B Visa While H1B Petition Is Pending? You need paycheck only if your started working on H1. Now I can utilize the same Petition number to other Employer. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. He just received a mail from university that his sevis is terminated and out of status now. My case is approved for H1 B cap for year 2017. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. I am awaiting for documents from my employer. Ive never done any studies here in US/Canada and Im from India. Can I Travel When H1b Amendment Is Pending? 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. 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? If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. I dont know the answer. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. They are going to apply for h4. Get approval, then stamping. However, each U.S. consulate will have varying rules. Thanks. But now the requirement is not there with client Y. I have both passports with me. I got a new project with a start date Jan 2nd 2019. If you continue working, you run the . But before interview i will get my new H1B extension petition. I just graduated with Bachelors in Computer Engineering from a US university this august. In this she cannot travel and neither u can extend her i-94 based on ur new petition. As you said, many of us are still awaiting the H1B approval. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. Kindly reply. 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. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. I am on h4 dependent on my husband h1b. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Second, submit a change of status application. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. Thanks. If you have the approval notice for H1B, then can apply for H4 now. because i can extend my visa when i am US only. If not what should I do ? If yes how.? 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? Meanwhile he was unable to attend residency and makeup session class in his last semester. will be it be better to go for visa stamping before or after october 1st 2009? Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. 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 you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. For information and tips on filling outForm DS-160, please see this website. You get the original in 2-3 working days. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . A DHS memorandum dated May 16, 2000 states that an alien in . What are the options available for me to go for stamping for change of visa status? You have to get the documents first. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. Can you please share your experience like what did you do in your case.? 2. 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. 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. I wont have time to get my visa changed over to H1B during this trip. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed.
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