In order to apply for change of status, the applicant must still be in a valid status. Can it be fixed before that date ? I could say that you can get it stamped from another country ( as other have done in the past). The I-94 reflecting the change of status is attached to the approval notice. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Can I get to continue to work with my current visa status (L1, L2 or OPT)? 2. I am Ram. 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 the Processing Time, usually, H1B and H4 gets approved at the same time. 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. 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. The original I-797 approval notice. 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. Only when you travel. 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). Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. You need an H1B stamp to enter as H1B status. You have to get the documents first. They are the right person to help you. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. 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/. 3. 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? While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. Actually I have my H1B ammendment filed for relocation and it is in progress. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. If you told for me to went there and got the stamp when would you suggest? Will I have to go for stamping to stay in the country? Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. I am and just want some company in anxiety. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Yes. My current employer Dell India wants to me to work for them in Austin. I entered US 14 days prior to the start date mentioned on my i797. Please suggest. Extension of Post Completion Optional Practical Training (OPT - USCIS Can I go for H1b visa stamping this year with the petition approved documents? 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. Raghu, My cousin has been thinking about getting his h1b visa in order to get the career that he wants. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. Thank you in advance. 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/*. 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? You should have the Approval Notice with you. Please let me know what would be scenario. My H1 is approved with COS. Why not get H1B stamping and enter US? I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). Please follow any instructions on the notice. Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. Post the question to Attorney Murali via Ask an Attorney. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. My L1 is expired for company A with valid I-94. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. Refer to application form I-129. And now his petition is getting expired in july 2011. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Even when I work in consultant, is there any process that should be completed before I travel from India. Can I travel outside the US after H1B approval (change of status) but Now company forgot about my master's degree. interesting how to apply for dutch passport ? What are the time lines for this modification?? 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. i will have to travel to india next month . On April,15 a Company A filled my H1 work visa. 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. Quick question- I received the COS from L1B to H1B two days back. (The LCA received is having the old address). 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? as supporting documents, if asked. 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. My case got recently approved. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. I have the same concern being in the same situcation as Shilpi mentioned Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. are there any issues? case created:15th June, Case updated:18th June. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. What is the consequences of never stamping or late stamping ? Also, please suggest if people are getting their H1B approved? I know the alternative is to wait together to go as family. Replied Rfe in November , still waiting for results. Hire Us. Will the H1B come in effect from 10/01/2017 ? Please follow any instructions provided by the counslar at the time of your interview. I am currently on L1B visa in USA. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. I have both passports with me. My change of status wasn't approved, so I will have to leave and get my visa. 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. If would get the degree. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. I have travel plans and booked VISA Interview on December 16th. I have applied for SSN in near by office. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. My petition is approved for the year 2015. My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. Thanks for the detailed reply. Talk to an attorney ASAP to know your options. file MTR or appeal. Pls reply I am currently in Singapore. Show them your I-94. 1. Is there any risk involved in it? She came to US in H4 Visa in 2009. Ive tried the CDN immigration website. 2) My H1B is filed by employer based in Seattle. Ask the consulate. H1b extension is taking about 5 months for regular processing. I want to transfer to new employer once i got my 797. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. Suppose assume that im transferring in next month December. My attorney recommended that I should not travel to India until next summer. I was planning to travel to India once my case gets approved. 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). I recently quit the company i was working for. Later, you may jump ahead to certain sections. Thanks!! Suppose if August 2021 this is not stamped then what is the further option? But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Till when can I continue my job on L2-EAD? currently embassy is not operation for normal window due to COVID What form do I have to submit for the visa interview? See the questions in there. You can alter the auto-generated information to tailor it for your dependents. 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. 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. What are the options available for me to go for stamping for change of visa status? So, the question posed is whether, after the international travel, the previously-approved change of status from F-1 to H1B, with an effective date from October 1, 2022, is still valid, or is the last action considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on September 6, 2022. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Else when is the earliest to do that?? Is it possible to transfer my H1B without any issues? My H1B has been approved and I am currently in USA. 1) You need to enter petition no in ur wifes DS160 . I would wait for the approval notice. Not its not valid. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? Once I check that my H1B is approved on the internet, can I start to work right away? Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? http://www.happyschools.com/ask-an-attorney/. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. but what will happen at the time of stamping.? After 30 days, it will have to be done through an extension with USCIS. I was on F1 and recently changed from F1 to HIB. 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. Please suggest me. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Please hel me if some one knows the rule of H1B Visa. Do I need to leave the country ? I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Can I travel outside the US after H1B approval (change of status) but before Oct, . Once you receive i797, within 40 days you should go for stamping? Employment duration with present employer 6 months. Be practical. Stamping is not required unless you leave the country and enter again. My employers attorney has filed a service request too with USCIS, but no updates yet. can i re-enter USA on my F1 visa without any issues in port of entry?. 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? The 2004 Hernandez letter remains helpful and relevant even after many years. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. He just received a mail from university that his sevis is terminated and out of status now. 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 :(. My question is what are the consequences of not having the visa stamped immediately. My H1B was on RFE. Hi, Is it dangerous? I would list where you are working right now as current employment. Your visa stamp will reflect the I-797 validity. https://premium.happyschools.com/course/consulting/, Hi Raghu, You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. My employer resubmitted documents and USCIS received it within the RFE response date. Hey You will need to submit new ds-160 to update the employer. Required fields are marked *. 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. The increase in enrollment is due to the removal of travel restrictions . If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. 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. Travelling to US for the first time. Can i be denied my h1b visa stamping because currently i am not teaching? You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. But the office location is different and the new address of residence is different state. I am in USA on H4 visa. The approval notice shows same i94 number as h4 when she entered the US. I can return back to work to the same employer or different employer after few months. Im in H1B Status now and planning to transfer to new employer. 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? Is her H1B approved on Oct 2008 is till valid ? 2. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . Currently I am in my home country. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. 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. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. I need to travel to India by this month end. 2. I cant help you here. Can this be done ? 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. I have not spent a single day of H1B employment with my petitioning employer. Is that realistic or did we mix things up? I got my petition approved till September 2017. So can we file one more amendment without any issue when the previous petition is still in progress? My OPT is valid until October 12th. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Please help! Accurate I-94 records control your lawful status: they are very important. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . Should amendment be filed before Oct 1?? 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. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. Hi Rk, we are in same situation, can u please let me know what you have done. Hi, my OPT extension is valid until June 2018. I think I can work as consultant initially and transfer H1B. If your application for H1B transfer is approved, you can continue with your job. So they requested a data fix to SEVP to fix my SEVIS record. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. You should consult your employers attorney . 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. thank you. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- I got a situation Herr, I got my approval notice for H1B 2016. 3. Hi, Only your employer can help you with this case. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? I just wanted to play safe and avoid going for stamping in this trip. Looks like your COS was abandoned. Kindly guide me what should be my next step. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. Will there be any serious issue duing VISA interview. Please contact our office before making travel plans. A copy of your visa stamping appointment letter. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. Traveling in H-1B Status - Office of International Students & Scholars Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 Theres no way to update a DS-160 once submitted. Thank you in advance . But I too am in a same boat, Hey Raghu. Can i travel India during the H1B processing time.? International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. No you cant. Will my extension application be cancelled and do I need to apply again? Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? What are all the details/documents required for scheduling the interview? Based on that the following are the cases that I landed up). I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. In the meantime, my spouse got a Full Time offer with Company B. Its a direct client. I was working on h1b visa in usa from 1-2 years for same client. There many waiting to attend interview who got H1B approved last year. Please suggest. Now, I am wondering if I am unable to get the above position. Your or Am i eligible for CAP-GAP automatically? Is it possible to transfer it to my new employer. Do I need to go for stamping again after his H1 gets approved with new employer?
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