You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . But, exactly how much is that?. 3. Very recent my h1 petition got approved for one year. I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. I am searching for consultancy firms who will file my H1B visa. please help. 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. Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. 1. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. 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. 1. My petition got approved. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? You have 3 options. Your attorney can ask for replacement copy of Approval Notice. Hi Raghu, or we are good to travel with updated LCA. 1. USCIS now provides a copy of the I-129 petition directly to US consulates. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. My first trip to Canada will be August 2011. They applied for my H1B visa and I just got all the documents from them. Thanks. Updating the address in USCIS website is sufficient or anything else is required? What are our options ? Thanks for the great information. Go for stamping and did you ask your employers attorney? Has any one got H1-B petition approval notice ? 1. Transfer h1. Does this mean they sent the reciept that they received our request? 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. Does anyone know how long an amendment takes? I have a question about changing of visa status. 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. My H1b got approved for Fiscal year 2015 on 5th Dec,2015. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. I am looking to file H1 visa. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. My friend wanted to take the legal action he is having all the proof when the money transfers etc. I still did not receive my My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. 3. wat would be the best option for me to travel to India in this situation. Hi !! 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Hi, Is it mandate to get the stamping done and travel to US during the validity period. I am on the place as you are. Heres a list of documents required for H1B Stamping. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. You need to apply via lottery. Ive never done any studies here in US/Canada and Im from India. What are all the details/documents required for scheduling the interview? I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. 2. But now the requirement is not there with client Y. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). H1B will have a start date, so you can enter upto 10 days before the start date. ( OR) HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. Only French Consulate can answer this question. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. If H1 done vs CP, then you will stop working when you enter the US on H4. If you continue working, you run the . A: Status changes are handled by USCIS. Start with your employer, employers attorney, if no you can ask via email. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. Visit this page frequently to know the latest updates. Get approval, then stamping. After your H1B Visa is approved, you have to follow the path back from USCIS. 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. But before interview i will get my new H1B extension petition. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? I am in USA on H4 visa. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? You can do premium for faster approval. Hi Raghu, You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? 1)Do you think my visa can get transferred to company B?? I am in similar situation, did you get to know any way to get the COS approved Im US? Hi, I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . You need paycheck only if your started working on H1. Will my visa become invalid or will it still be valid after few months? As you said, many of us are still awaiting the H1B approval. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? I moved to new the address now (Different State). My H1 is approved as consular processing for FY2017. I got my H1B approved through Consular notification. Kindly guide me what should be my next step. I have both passports with me. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. But i have not received hard copy of documents. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). 1. Then comes H1B Visa approval after a long wait. Is my petition still valid and can be considered for cap exemption.? She came to US in H4 Visa in 2009. I dont know the answer. Hi, My attorney told you can get stamped anytime before your STEM OPT expires my question is. 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. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. If you have your H-1B approved, have to get the H1B stamp before entering America. 2. Can some one help me to find what is the ideal solution? H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. Same company, same role. You cannot choose which status you want to be maintaining. Could you please tell me the process how you got the H1B.I am also looking for one. Talk to an attorney https://askanattorney.happyschools.com/. H-1B and O-1 Travel. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. http://www.happyschools.com/ask-an-attorney/. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. After going to India if i will not get stamping in India, Again i m talking abt having multiple amendments ( not transfer). I have got a valid H1b approved petition from my current employer. What is the consequences of never stamping or late stamping ? Till what period my attorney/employer would receive the i797 approval Mail notice. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. During this period, prospective petitioners and representatives can complete and submit . The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 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. My husband employer filled for my extension. If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. pls suggest your valuable guidance. Hi HSB, Please reply ASAP! As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". My start date mentioned in the petition was Nov 1. Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. After your H1B Visa is approved, you have to follow the path back from USCIS. I would need to H1B, F1 respectively. I cant work without SSN and I cant get SSN with this issue?? Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? 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. You will eventually need H1 stamped right? Both of our visas got expired as of sep30. currently embassy is not operation for normal window due to COVID Email info@cbkimmigration.com I wont have time to get my visa changed over to H1B during this trip. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? However I have a bit tricky situation. Now My employer requested me to come to USA. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. You can go for H-1B stamping to your nearby American consulate. Your visa stamp will reflect the I-797 validity. My H1 b petition is approved 2008 June , I didnt went for stamping . Now I can utilize the same Petition number to other Employer. Nevertheless we would like to stay and work in the US. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. 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. If you told for me to went there and got the stamp when would you suggest? 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 . Went for stamping in Hyd and the status is pending. 2> If I join a different employer after 6 months. 3. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. It seems in either of the two cases I have to attend the visa interview in the home country. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? Thanks!! My passport is changed after I applied my H1B lottery due to spouse name addition. 3. That will answer all your questions . My cousin has been thinking about getting his h1b visa in order to get the career that he wants. If your visa application is approved it will be processed and mailed/available within 2 business days. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Were you able to find out whether we can apply for COS or how did you go forward? This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. 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. Will this be ok? I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. You have to talk to a few attorneys to find different solutions and then pick one. Hi Raghu, But my Visa Petition status is showing active and approved. So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. https://premium.happyschools.com/course/consulting/, Hi Raghu, A reciprocity fee may also be required. 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. I have H1-B petititon approved in 10th October 2010. The student's OPT is valid until November 30th. 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 would list where you are working right now as current employment. My H-1B got approved recently as my employer applied it through Bachelor's degree. I need your suggestion regarding the travel. list of documents required for H1B Stamping. Many consulates use an online appointment system for visa applicants. or can I travel after my acceptance of H1B. Any necessary supplementary documentation that may be necessary. I've a similar situation. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . 2. I might have to go to India in December. 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. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Should he apply separately for an H4 or should we do it together? Change of Status(COS) or Consular Processing (CP). Quick question- I received the COS from L1B to H1B two days back. So when my transferred petition approves i would be having only 4months from the visa expiry . Education US or non US ( there are certain quota for US Masters Degree or PHD students). You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. Prior to this my OPT ended on 09/26/2016. If i go what will be the problem to my H1B? I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. 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? I have sent them my approval notice also. As there are not much requirement during November and December month. Is there any special rule for this type of scenario? Could you kindly please provide me some guidance on below question? Right now, I am on Post completion OPT and it ends on Feb 2021. How far is this info correct? Meanwhile he was unable to attend residency and makeup session class in his last semester. Instead of checking Change of Status, they indicated that I am outside US. 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. What will the case status online if COS is denied and H1b is approved ? First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. Or, do I need to wait until I receive the hard copy of approval from USCIS? My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. Is there a final date where I would need to take on my H1B visa? My friends are telling like she should give some 221G atleast if she needs to hold approval. I joined them in 2018 when I was on F1 . But now I got an offer from company B. I want to join company B instead of A. Check the Processing Time, usually, H1B and H4 gets approved at the same time. Talk to an attorney and figure out the plans and status. but what will happen at the time of stamping.? 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 Talk to an immigration attorney with new rule about location change. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Without any paystamps with employer Y. Hi Raghu, After visa is approved, you should get the passport within 3 to 4 days. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. My H1 stamping was expired and my currrent petion is valid up to Jan16. Or do I need to work with employer Y at least few months? Hi Rushi, I will answer them in a video. Please let me know on this. I have my H1B visa approved. Could you please let me know all the possible options? 3. 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 am and just want some company in anxiety. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. H1B Visa petition can be approved with Change or Status or Without Change of Status. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. 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. Its a direct client. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. I wanted to visit home before I start my job. But due to unavoidable situation ,I need to travel to india. But i am planning to change it to H1B. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. Try again few days. Where are you getting information that you need 3 months pay stubs? USCIS publishes these figures on a weekly basis. Suppose if August 2021 this is not stamped then what is the further option? I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I am currently in Singapore. For information and tips on filling outForm DS-160, please see this website. Any people in my situation and got information regarding this,help please. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. Im in the very same situation as you were in. Congrats on H1B approval. I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). I have only LCA ETA form 9035 & 9035E. what wil happen to my H1b? If my husband visa gets approved by nov15, do I need to wait for the documents? Based on these facts, the change of . Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. It is really helpful for the candidates like me! Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. 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. Im on F1 Visa Status currently working in USA on STEM OPT. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy.