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. I have got my h1 approved october 20th. So how long does it take to have visa interview (in genaral). His wife came on h4, now got h1b through lottery. They applied for my H1B visa and I just got all the documents from them. Thanks. If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. 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 ? It will be bumpy ride. 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 yes , responded to RFE in NOV 2015 . Yes. Ask your attorney or submit this via Ask an attorney by Email. The H1B petition is approved on July 1st. Please follow any instructions on the notice. In this she cannot travel and neither u can extend her i-94 based on ur new petition. Can you tell me when can they apply for H4? 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 client letter mandatory while attending H1B visa stamping. 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. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . The H1B petition is approved on October 27th. I have applied for SSN in near by office. Please also be sure to email us a copy of the I-94 printout for your file. You should check if Transit Visa is required for Paris. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. Please advise what should me the best approach here. But I am considering the former option. Check with your attorney or https://askanattorney.happyschools.com/. Please advise. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Currently I am getting interview date of March 5th. I got my H1B approved in 2013 and stamped in 2015. Hi HSB, Please respond. When should I go for stamping looking into the current corona situation. I have a weird situation. I am in a similar situation. Thats the conversation you should have with your employer and attorney. 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. caroline. I live inside USA and I have valid status. I have a question, please guide if you can. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. I have a question. 2. Company B is a consultancy company. The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. 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 ..??? How much time will it take? I am in India. Hello, 1. I am currently in Singapore. Thanks for this information. But they did not send me for stamping. For some personal reason, I am quitting my job with present employer( who filed my h1b). Question: What happens after your H1B Visa is approved? Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. When your legal stay/status in USA could be affected, always seek legal help. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). My H1B has been approved and i am staying in india. A copy of you VAC-stamped DS-160 confirmation page. After that, I changed Employer without stamping. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Sorry, I dont know the answer. You should consult an attorney to see what options you have. Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S 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/*. Please advise so that i can plan accordingly. 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. First Do i have any problem in visa stamping? Can I put resignation and wait to join other employer ? Ask it via Ask an Attorney ( through this blog ) 3. In the past, this was an option, but currently, only visa renewals can be done in Mexico. What should I do now ? Depending on your status change. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Do I also have to inform my University of the COS? Theres no way to update a DS-160 once submitted. will it be valid to apply in 2019? My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. I just wanted to know the risks in traveling to India now. Is there any company who can do H1 B visa can just reply me. The increase in enrollment is due to the removal of travel restrictions . You cancheck visa-waiting times here, and you cancheck consular procedures here. or we are good to travel with updated LCA. Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? 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 could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? There is an option to have your first H1B visa stamped in Canada. 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. Nationality- Indian You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. I have not spent a single day of H1B employment with my petitioning employer. Let's look at how it works and why USCIS will abandon your COS application. Can you please help me in understanding what should I do? I hope you will be able to help me. I want to schedule my spouse H4 visa interview on Dec 2nd week. I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. 1. Now my employer is telling me to go for stamping with client A documents. Not advisable . My H1 b petition is approved 2008 June , I didnt went for stamping . 1. I'm currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home? approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. 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 . I know so many who got benefits from the second degree (completing it). If you move before you receive the notice, call customer service at 1-800-375-5283.. Plus, check to make sure your H1 is not withdrawn. https://premium.happyschools.com/course/consulting/, Hi Raghu, are there any issues? Same steps as applying for new Visa. I have my visa stamped this September and I want to travel in the month of March. 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. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Ask the consulate. I have not signed any agreement with company B. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. I am on h4 dependent on my husband h1b. Is there a way to salvage my petition ? It will say Post-Decision Activity. Please follow any instructions provided by the counslar at the time of your interview. So can we file one more amendment without any issue when the previous petition is still in progress? But with some personal issue, I need to travel to India in the 2nd week of April 2019. My H1B visa is showing approved now. 1. I have received i797c notice of approval. 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. Yes But, theres no status for mailing the notice. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. After visa is approved, you should get the passport within 3 to 4 days. Can some one help me to find what is the ideal solution? Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Currently I am on F-1 Student Visa. 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. As per USCIS website, filing is mandatory but approval is not to work in new location. F1 Visa Expired in July, 2012 I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). Very recent my h1 petition got approved for one year. I want some time ( may be 1 week atleast ) to resign from present employer. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. There many waiting to attend interview who got H1B approved last year. Applying H1: Apr1st 2016, Which one is the better option? I m doing Msc biotechnology. Hello Raghu, I am getting my H1-B start date as 1st Dec 2010. First, you must be present in the U.S. at the time your employer files your extension petition. Hi Rk, we are in same situation, can u please let me know what you have done. I am on the place as you are. What all documents are required for the stamping? You can confirm the same question via Ask an attorney. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. I joined them in 2018 when I was on F1 . Thats measn your OPT will be extended till Oct1, when your H1B becomes active. 2. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Hire Us. Since then I have acquired alot of helpful information that has helped me tremendously. After approval of my petition, how long can i wait for change of status or getting stamped ? Hi, If yes then what would be the approximate cost of status change ? I just graduated with Bachelors in Computer Engineering from a US university this august. If travel is required, advance planning and early visa application are critical. 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 in USA on H4 visa. Unfortunately the communication with the US embassy here is very complicated. Will he be able to go and attend the stamping? My H1B visa has been approved and I am waiting for my Stamping. I got a new project with a start date Jan 2nd 2019. I got my stamping done in Jan 2019. My attorney recommended that I should not travel to India until next summer. I got my H1B application approved and also done with the stamping on may 2012 . On April,15 a Company A filled my H1 work visa. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. 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 Hi Raghu, I have a question regarding H1B visa appointment. I am bit worried on this status, can you please help me to understand this status. Do I have to await the approval notice before joining the work force? 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? You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Or go with the existing Ds-160 and show them the approval notice when questioned. Need to go for stamping to activate my visa. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? I would need to H1B, F1 respectively. I94 validity and with what Visa Type Not sure about I94, visa type is H1B I am currently living in USA and working as a full-time employee with the same employer for 2years. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Hi Raghu, Copyright 2005 2022, MURTHY LAW FIRM. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. As there are not much requirement during November and December month. My wife is expecting and she will not able to travel anytime soon for the stamping. I got my first H1B approve in Sep 2011 for 1year. H1B Visa petition can be approved with Change or Status or Without Change of Status. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. P.S: also my husband will join me in the US. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. My employer has given me all the documents that he has received from the attorney. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Can I get stamping before October 1 and enter the U.S. on H-1B? Can you please tell me whether we can go to stamping with this ammendment details. Talk to an attorney https://askanattorney.happyschools.com/. 1) I had received RFE. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. For ex. Im not sure. Could you please provide the procedure in this case. Please let me know on this. Please let me know if this is advisable and if not what are the consequences. Dose the h4 extension approval usually takes this long after the h1b is approved ? 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. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know My Petition got selected for h1b by lottery. Ive my client letter, pay stubs, W2 forms everything clean. 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. Thanks for asking. I have my new passport with me. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. But company x filed my petition when I was in place A and two months it moved me back to place B. 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. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. Any problems with it? I had not scheduled my visa interview, and I didnt join that company. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? My case status is as follows: 1. My H1B got approved from dec 31 2015. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. You can also request a "Travel Letter" from our office. 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 If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. In 2018 November I had to leave US and (the organization where I was working) because of a family Instead of checking Change of Status, they indicated that I am outside US. Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. Did you transfer your H1B to your current client without working with Employer Y? 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. It would be of great help if you can answer me the above questions. DEC 2015 still waiting for final decision .. You can start from here https://askanattorney.happyschools.com/ I have travel plans and booked VISA Interview on December 16th. My friend wanted to take the legal action he is having all the proof when the money transfers etc. 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. Is this a right thing to do ? In this scenario do I need to go to home country for H1B visa stamping? Still my application is not approved. 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. If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. However, each U.S. consulate will have varying rules. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. kindly help me please. Is their a validity associated with it. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. I am working for company A on L1B. Or, do I need to wait until I receive the hard copy of approval from USCIS? I got my H1B approved in Dec 2018 from a non-profit Organization. i read from various web sites saying generally people go to either MEXICO or CANADA. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? Is it necessary to work in petitioned company, while going for an H1B interview. We are currently stating in US. 2. 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. Is i am eligible to stamp by next employer OR my petition is waste. Please let me know what would be scenario. Hi Arun, I have a question , Please suggest me. I94 validity and with what Visa Type http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. I also got a 5 motnhs gap in my OPT period. But I couldnt get any job because of corono . Thanks, Shanvi. 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. can I travel and come back without any problem? My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. Im not sure how USCIS treats the approved petition. 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. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Please contact our office if you would like to initiate a permanent residence application. So can I continue working on my L1B visa till will get new project from this third party consultancy ? If your employer is not giving the letter, then you have to go with what they have given. In the question posed, the petition and the change of status had been approved before the person departed the U.S. How do keep it active? case created:15th June, Case updated:18th June. 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. 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. Please set aside time to complete this form. It is possible to go for stamping from other MNC/consultancy with this details? 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? Checking the feasibility of changing employer Only French Consulate can answer this question. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? 3. what happens if i leave US before october and couldn come on time. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. A copy of your visa stamping appointment letter. Got message: My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. 2)Got an Approval Status on March, 2012 I got my H1B COS from F1. Can i be denied my h1b visa stamping because currently i am not teaching? You will need to talk to an Immigration Attorney for your situation. Refer to US Consulate website and Required Documents list in this blog. This means I will not be able to transfer it to a new employer. Hi !! No you cant. Till what period my attorney/employer would receive the i797 approval Mail notice. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. 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. Visa Validity While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. Sorry, They gave Master service agreement and PO copy between them and client. Your H-1B photograph. Should I cancel my H1B ? H-1B Specialty occupation Extension of stay in the U.S. Do I need to go back to india for stamping or can I continue with h1b? Talk to an attorney ASAP to know your options. Can this be done ? My OPT expiry date: 03 Jan 2017, We dont know what will happen to H4 EAd. What is Premium Processing? I have an H4 visa and live in USA. The original I-797 approval notice. I can return back to work to the same employer or different employer after few months. 1. 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. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. I am on totally confused stage. or It was just a coincidence and my petition was approved on the same day using normal processing ? Please advise. 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). The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 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 ? I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? Thank you. I feel really frustrated by all this bureaucracy. Can I attend the interview by oct-09? My next employer is ready to stamp. 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? What are the time lines for this modification?? 2. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. I have a valid F1 visa till 2021. My question is, where do I go to receive this stamp I read about ? and want to convert my visa to H1B visa next year. 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. Please suggest I am in huge confusion and tension. Now my question is after approval how long i can wait to fetch my first job? My current H1B visa expiring in 31 Dec 2016. Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. 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. If you are interested in reaching out to us, please click here: P (413) 584-3232 2. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? Typical H1B visa start date would be October 1st if the application was submitted during the month of April. While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. I think you have to wait for the notice to reach your employer. 4. Your H-1B status is valid until the end validity date of your most recently issued I-94. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Do we need to visit counsellte again for stamping? Hi I got my visa Approved under Premium Procesing yesterday. But, if you get denied, Im the one to blame. 1. So, will my last year case have any impact on this year, as I didnt go last year. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. Please answer this question H1B will have a start date, so you can enter upto 10 days before the start date. 1. i got my first H1B approve in Oct 2009. It seems in either of the two cases I have to attend the visa interview in the home country. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. Got the recpiept on amendment but havent heard anything from USCIS. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. But now I got an offer from company B. I want to join company B instead of A. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid.
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