My situation is similar to yours. 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? Currently on a Project please let me know how many days before the expiry date i have to reach US. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Can I join B without any issues/legal hassles? I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Travelling to US for the first time. Now Im confused If my petition was approved on the same day they received my request for PP ? If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. But the location where i want to go for work is different state than the petition filed for a different state. Sorry, I dont know the answer. Does this mean they sent the reciept that they received our request? You can alter the auto-generated information to tailor it for your dependents. Very recent my h1 petition got approved for one year. Hi now I am on opt ead and my husband is on f2 status. Hello Raghu, While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. i read from various web sites saying generally people go to either MEXICO or CANADA. ( was on H4 earlier). Is it possible to transfer my H1B without any issues? I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). My OPT expiry date: 03 Jan 2017, Would it give problem to me ? Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? If you had approvals in the past 6 years, then you dont count in the lottery. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. Your employers attorney should have given you these details. or It was just a coincidence and my petition was approved on the same day using normal processing ? Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. I think your employer can extend H1B petition up to 6 months before. Thats the conversation you should have with your employer and attorney. 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. Some changes may require an amended H-1B petition. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Always consult an immigration attorney to get your questions clarified. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. Hi , 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? Nationality https://askanattorney.happyschools.com/, Hi , All the numbers I try online dont help. We sent you a notice that explains why we moved your case. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. Is there any info for attending visa interview in India? I got my H1 approved and it starts from Oct 1 2009. Not advisable . ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. Did your h1b approve for stamping? They are going to apply for h4. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. 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. 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. 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. (Shilpi says: December 3, 2011 at 1:42 AM). I have been postponing travel abroad because it is not suggested while approval is in process. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. I would wait for the approval notice. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? I am a Canadian who has been working in the US with TN visas in the past. Im not sure. It seems in either of the two cases I have to attend the visa interview in the home country. We recommend obtaining a new passport with given and surnames if possible. 1. My extension of H1B i129 was approved last week and I am living within US now. Nevertheless we would like to stay and work in the US. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? The end date indicated on the I-94 is your status expiration date. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. I am working for company A on L1B. Let me know if you have seen this before. I was planning to come back to US on L1 and then switch to H1B after coming back. A copy of your DS-160 receipt. 1. My employer says it could take upto 4 weeks. 2) when can i go for the stamping?? Hi Raghu, My H1 is starting from Jan 01, 2011. I got my H1B approved through Consular notification. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. But now I got an offer from company B. I want to join company B instead of A. (same sate). 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. Thank you in advance . I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? My H1B status is approved . Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Do I need to get a date from consulate to get H1B Stamping in India? I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. 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. Will company B create any problem for me? Mine is a tricky situation. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. I am currently on L1B visa in USA. My employers attorney has filed a service request too with USCIS, but no updates yet. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. I m planning to go to USA. A copy of you VAC-stamped DS-160 confirmation page. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. Or should I do the same my employer has asked me to do. Will he be able to go and attend the stamping? My H1 is approved with COS. Even for my wife the DOB is wroing in the I-797. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. My questions are I have been with this employer before my change of status. 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 in Singapore. Hi HSB, Visa processing times and questions can be stressful at times, thank you for replying to the queries. 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. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. My employer files an H1B cap-subject petition for an F-1 student on April 1st. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Hi Arun, So he could start working again at least until April 2020. Right now, I am on Post completion OPT and it ends on Feb 2021. I got my H1B approved in 2013 and stamped in 2015. I have applied for premium H1 extendion this week. Talk to an attorney ASAP to know your options. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). You can go for H1B stamping till the date 60 days before its valid. Please share some information wrt this. Im yet to get the mail . What happened ? * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Our company doesnt support E-2 Visas anymore. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. and stamping. Timing is upto you based on your circumstances. Now my ques is , I knw i can work on 1 h1b at a time. Will it create problems during H1b stamping in India during interview ? Living within US without COS? I had not scheduled my visa interview, and I didnt join that company. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Is it mandate to get the stamping done and travel to US during the validity period. Please suggest I am in huge confusion and tension. ( There is a requirement of paystubs please check with some expert on how many ), 4. Hi Raghu, Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Im not sure how USCIS treats the approved petition. In short Yes, but is hat H1 petition still not revoked? Please contact our office before making travel plans. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Or go with the existing Ds-160 and show them the approval notice when questioned. But I havent taken ay next step considering the COVID situation. After your H1B Visa is approved, you have to follow the path back from USCIS. Its a direct client. Can you please tell me what is the percentages of cases still approval pending with USCIS. You should review all of this information after each H-1B approval. 2. I got my H1B approved for the year 2012. But, if you get denied, Im the one to blame. L1/L2 extension is also being applied by company. Start with your employer, employers attorney, if no you can ask via email. Raghu, They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. 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. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. Talk to an attorney and figure out the plans and status. They applied for my H1B visa and I just got all the documents from them. 2. Or, do I need to wait until I receive the hard copy of approval from USCIS? I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Ask the consulate. Not sure, why they have to say H1 cant be extended. Hire Us. Most visa applicants must appear at a consulate for personal interviews. I did my Masters from US. I have a question about changing of visa status. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. My attoryney applied for an amendment on June 2nd. Hi I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . I am on F1 status , and its valid till feb 2018 . My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. Could you tell me what happened to you case? If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. Please let me know, Hi Thanks. Only your employer can help you with this case. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. So they requested a data fix to SEVP to fix my SEVIS record. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. Thanks!! Is it possible to continue with my trip to India? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. But they did not send me for stamping. Please share if you get any answer so to your question. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Thanks. When should I go for stamping looking into the current corona situation. Ideally how much time it takes for the approval notice to reach at our end? 2. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. 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 Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. 1. 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. Still the status show it is under review, I am not sure what is the processing time in general. Now i am leaving current employer which files H1B & joining another employer. 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. Waited for i-129 approval but dont want to waste the chance of F1 visa. I got selected to start a 3 years residency program at a major US university. Do you see an issue with this? My H1B got approved this year but unfortunately my employer let me go. No you cant. My H1B lottery is picked up this year. 6. Can some one help me to find what is the ideal solution? Also, please suggest if people are getting their H1B approved? Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. You can consult one from our team https://askanattorney.happyschools.com/. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. Theres no wait time. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. 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. So how long does it take to have visa interview (in genaral). Your H-1B status is valid until the end validity date of your most recently issued I-94. #2 Change of Status DENIED Hi, my OPT extension is valid until June 2018. I d like to know How long is the approved petition valid for and when last can travel to US ? In this she cannot travel and neither u can extend her i-94 based on ur new petition. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport.
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