Check with your attorney for suggestions and answers. It would be of great help if you can answer me the above questions. Hi HSB, Is there any special rule for this type of scenario? 2. My attorney recommended that I should not travel to India until next summer. Dose the h4 extension approval usually takes this long after the h1b is approved ? If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. I just want to know what all documents I have to collect from my employer. What all documents are required for the stamping? Is it possible to transfer my H1B without any issues? Could you tell me what happened to you case? Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). My petition got approved. Current Status Visa type Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. Its would take less than 30 minutes to get a new DS160. That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. i have new employer and will file h1b cap counted next week. 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. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? Published research and other works that are in the public domain should be included in the resume. 1. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? 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? My H1B Status still in Received status, what should be the deadline time to change the statues? This year if I want to go for a job or higher studies in US. Should amendment be filed before Oct 1?? But : Could it harm my visa to do so? So its a negative in my case and ill be counted in cap? I am taking appointment for H1b Stamping and H4 visa for my wife. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. I have to go for stamping in Chennai. Should I cancel my H1B ? First, you must be present in the U.S. at the time your employer files your extension petition. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Now my employer is saying that they want me to start from Jan 1 2012. Should he apply separately for an H4 or should we do it together? So they requested a data fix to SEVP to fix my SEVIS record. My employers attorney has filed a service request too with USCIS, but no updates yet. We are planning to upgrade it to PREMIUM . You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. Since i am going in Dec 06, 2010 to Dec 19,2010. 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). Now my question is after approval how long i can wait to fetch my first job? 1)Do you think my visa can get transferred to company B?? I have applied for premium H1 extendion this week. Case details: Current Location India Thanks in advance! Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. 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. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Ask your employers attorney 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 would like to know what would be my options if Id like to extend my petition. The 2004 Hernandez letter remains helpful and relevant even after many years. Thank you. but what will happen at the time of stamping.? Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Is there a way I can reenter the States using my current F1 visa? I have not done anything regarding the h1b. Please also be sure to email us a copy of the I-94 printout for your file. Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. 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.". Refer to comments policy. Need to go for stamping to activate my visa. I am still waiting for I797 from my company A. Your H-1B photograph. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. If your employer is not giving the letter, then you have to go with what they have given. For some personal reason, I am quitting my job with present employer( who filed my h1b). What should I do now ? Will it create problems during H1b stamping in India during interview ? If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. But with some personal issue, I need to travel to India in the 2nd week of April 2019. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Hi Arun, You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Please share on who did you handle that circumstance? So did you apply for STEM extension? While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? 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 not gone for stamping yet. Sharad. Will the company C file new H1B (on what basis) . I would list where you are working right now as current employment. But the office location is different and the new address of residence is different state. Your H-1B status is valid until the end validity date of your most recently issued I-94. Location change is from my employers location A to location B. Documents related to your H-1B petition. Before the start date of the job or after a while the job was started? Please suggest I am in huge confusion and tension. Is it necessary to work in petitioned company, while going for an H1B interview. Yes. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. We recommend obtaining a new passport with given and surnames if possible. Copyright 2005 2022, MURTHY LAW FIRM. 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. 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. Thanks for the great information. I cant work without SSN and I cant get SSN with this issue?? I was thinking of traveling to India to get the stamping in the month of November. Please review this material carefully. 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. 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? We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. an assumption, I have submitted the client letter, SOW etc. 9. My H1B visa is showing approved now. 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? After you change to Company B, you will submit New DS-160 with company B details. You need to ask an Attorney. 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. Refer to US Consulate website and Required Documents list in this blog. Your attorney can ask for replacement copy of Approval Notice. I got my H1B stamping done last year in Sep 2009. How long can it be allowed/valid to be stamped? How to Apply for H1B from H4 Visa Status. But, you would need a valid US visa (other than H1B) to re-enter the USA. I have applied for SSN in near by office. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. (or) Am I suppose to have October pay-stub i..e on H1 status. file MTR or appeal. Stamping is not required unless you leave the country and enter again. 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. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. But company x filed my petition when I was in place A and two months it moved me back to place B. 2. Use the https://forums.happyschools.com/ for Q&A. We dont know what will happen to H4 EAd. But the location where i want to go for work is different state than the petition filed for a different state. I was planning to come back to US on L1 and then switch to H1B after coming back. 2)Got an Approval Status on March, 2012 Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. We sent you a notice that explains why we moved your case. I got selected to start a 3 years residency program at a major US university. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. 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)? If you do premium processing, then you can get approval in May/June. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S You don't have any gap. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. After visa is approved, you should get the passport within 3 to 4 days. As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. Without any paystamps with employer Y. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. 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. Opt Expiration date : December, 2012 The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Transfer h1. Please help! Not advisable . My wife is expecting and she will not able to travel anytime soon for the stamping. I am in India. Is there any info for attending visa interview in India? I came to US in 2006 for my Master's. In 2018 November I had to leave US and (the organization where I was working) because of a family Please let me know if this is advisable and if not what are the consequences. I d like to know How long is the approved petition valid for and when last can travel to US ? You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. Travelling to US for the first time. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. 1)i have opt extension up to 2018 july is still valid or not?? Could you please tell me how much time it will take to receive the Approved petition. 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? I got my first H1B approve in Sep 2011 for 1year. Hey RFE and travel puts you in tough spot. I am currently in India, I got my H1B Picked and yet to be approved. Thanks for your response. Please do not make plans to travel outside of the U.S. without contacting our office first. Yes you can but you need the approval notice. My Petition got selected for h1b by lottery. You can start working on H1 as per the Start Date listed on the Approval notice. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. A copy of your DS-160 receipt. thank you. I dont know if you can start working if online status says approval. Currently on a Project 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? Also, please suggest if people are getting their H1B approved? If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? I currently live in the US. It counts based on effective date or expiry date? My H1 is approved with COS. What will the case status online if COS is denied and H1b is approved ? I think I can work as consultant initially and transfer H1B. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. My name on H4 i94 is mentioned with first name : xxx ; last :yyy You are right. I have checked my status online and it says , we denied your i129 and mailed you the decision . I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? Yes. I am in india right now. 2. I could say that you can get it stamped from another country ( as other have done in the past). My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Can i travel India during the H1B processing time.? My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. She came to US in H4 Visa in 2009. Travelling outside US when H1 B is under process is that a problem? If not what should I do ? I have been postponing travel abroad because it is not suggested while approval is in process. My applied for H1B through my current employer. My current H1B visa expiring in 31 Dec 2016. After approval of my petition, how long can i wait for change of status or getting stamped ? I will NOT be travelling out of the country. I just wanted to know the risks in traveling to India now. I have H1-B petititon approved in 10th October 2010. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Check the Processing Time, usually, H1B and H4 gets approved at the same time. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. You should review all of this information after each H-1B approval. L1 to H1 with CP. I would wait for the approval notice. 3. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. Let me know if you have seen this before. I have a planned trip to India on 27th October 2016 for around a month. or will it be a new h1b and i will be placed in lottery? Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. I am on F1 Opt working for a company. Unfortunately the communication with the US embassy here is very complicated. Question I have is my husband was in F1 and went ahead with divorce. Hi, Can I travel outside US now ? You need to find new employer. Please help addressing tis issue. Hello Everyone, My company applied for the H1B but are now saying that there are no projects. 2. If this happens, please contact us so we can discuss how to maintain and extend your status. Billing [email protected], 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 H1B got approved from dec 31 2015. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. I had not scheduled my visa interview, and I didnt join that company. 1) How Can I know that my Petition was approved using PP or normal processing So questions to you are: 1. Some changes may require an amended H-1B petition. 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.
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