Then link the new DS160 to appointment confirmation (via travel docs). 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. You are on H1 and you should get paid! I am in India. Ask your employers attorney I received my H1B approval notice yesterday. My attoryney applied for an amendment on June 2nd. Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? Before the start date of the job or after a while the job was started? This analysis was provided by the USCIS in the form of letter guidance. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. His wife came on h4, now got h1b through lottery. Lets say if my application picked up in lottery and Ill get result in May/June. It will say Post-Decision Activity. It happens and theres nothing you can do but wait. H-1B and O-1 Travel. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Hi Raghu, Can this be done ? my status showing as below. Please correct your article. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). Ask your attorney or submit this via Ask an attorney by Email. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. A travel letter template for your employer to complete before you travel can be foundhere. 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. Please advise. 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. Hi Raghu, Which category does this come under. If your application for H1B transfer is approved, you can continue with your job. After approval of my petition, how long can i wait for change of status or getting stamped ? Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? I might have to go to India in December. can i take got visa stamping with that case ? So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. I am awaiting for documents from my employer. PDF Instructions for LS intl f-s in H1B in US - middlebury.edu However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). Can I get to continue to work with my current visa status (L1, L2 or OPT)? My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. I've a similar situation. I am Ram. list of documents required for H1B Stamping. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. H-1B Specialty occupation Extension of stay in the U.S. But due to unavoidable situation ,I need to travel to india. What form do I have to submit for the visa interview? Is my petition still valid and can be considered for cap exemption.? If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Is it possible to continue with my trip to India? Now i am leaving current employer which files H1B & joining another employer. 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. Im not sure where you can attend the visa interview from. Could you please let me know all the possible options? Or, do I need to wait until I receive the hard copy of approval from USCIS? You have to talk to a few attorneys to find different solutions and then pick one. I filed the petition under masters quota and with COS . dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. You cannot choose which status you want to be maintaining. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Hi Arun, My start date was March 5th. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. 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? My fiance and I both work for the same company in the US. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. will be it be better to go for visa stamping before or after october 1st 2009? I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. But during H1-B stamping what should i defend, if questioned about this? Whether my H1B will be denied etc? Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: In the question posed, the petition and the change of status had been approved before the person departed the U.S. 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. Can I join B without any issues/legal hassles? I am in US on F1 visa now. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. 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. Please let me know what should be done to correct my DOB??? I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Or go with the existing Ds-160 and show them the approval notice when questioned. please let me know how many days before the expiry date i have to reach US. Nationality The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. 3)if i go late for the stamping is it a problem?? Will my visa become invalid or will it still be valid after few months? But the location where i want to go for work is different state than the petition filed for a different state. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. You can start from here https://askanattorney.happyschools.com/ I have a valid F1 visa till 2021. My change of employer petition was approved recently while still being in US. Please review this material carefully. If I can return on F1 visa what is the last date I can enter with F1 visa? 3. 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. Thanks in advance! Published research and other works that are in the public domain should be included in the resume. 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. Any help will be really appretiated.Thank you all. Hi Raghu, My spouse current status is H4 EAD. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Get approval, then stamping. What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? Close All Open All Cap-Gap Extensions Eligibility for an Extension 2) I dont have pay slips as I never joined company A. Once I check that my H1B is approved on the internet, can I start to work right away? You cannotify USCIS of any change of address online. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. I have one more offer from company C, My question is Could you please tell me how many days it will take for replacement copy of Approval notice. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. What are all the details/documents required for scheduling the interview? Now can i use my b1 to go to US and stay there with the H1b Approved petition ? Please advise what should me the best approach here. My petition got approved. I have a question about changing of visa status. Kindly reply. I m planning to go to USA. 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. Sorry. I was trying to go for masters at the same time so I took both chances parallel . The 2004 Hernandez letter remains helpful and relevant even after many years. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. Hi, If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? Do I have to apply for OPT extension? 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. I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. And, Does 3 year duration starts from stamping date, or it is from Oct2019? 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. 1. whether can I come back to US? 1. In 2004, the U.S. Shanvi. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. You dont need stamping. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. Please respond. You have to understand the concept of H1B Visa and Change of Status. Else, it can take months and theres not time limit. 1)i have opt extension up to 2018 july is still valid or not?? I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Hi, I entered US 14 days prior to the start date mentioned on my i797. Can you tell me when can they apply for H4? Customs and Border Protection (CBP) has implemented an electronic I-94 system. When your legal stay/status in USA could be affected, always seek legal help. It is therefore difficult to predict how long the wait will be for each visa issuance. I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. Does anyone know how long an amendment takes? I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Not advisable . As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. In USCIS site, my case status was changed to approved on July 16, 2015. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. Thanks a lot for the response, Raghuram. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. My organization inititated HNSC request premium as My current visa will expire by 31Jan . How much time will it take? On April,15 a Company A filled my H1 work visa. Education No US Degree (Graduation and Post Graduation from Indian University) I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Thank you. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. After going to India if i will not get stamping in India, I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. Travel After H1b Change Of Status Approved 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. H4 to H1B Visa: How to Apply for a Change of Status - Stilt Blog This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. Later, you may jump ahead to certain sections. 2. He would really like to get some help from a professional to make sure that all the documents are correct. My Employer from India, I have my client at Location X and Location Y. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. In this scenario do I need to go to home country for H1B visa stamping? Employment duration with present employer 6 months. Now company forgot about my master's degree. Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped You have to be worried only if are doing anything wrong. So when my transferred petition approves i would be having only 4months from the visa expiry . I got my h1b petition approved filed by my previous employer couple of days back. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. Will that be enough to show employer and employee relationship or still end client letter is required ? Thanks. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. I have a question. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? OPT To H1B In 4 Easy Steps - VisaPro Can you please help me in understanding what should I do? 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. If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. Let me know what does my status mean . My OPT is valid until October 12th. Hello, Extension of Post Completion Optional Practical Training (OPT - USCIS So its a negative in my case and ill be counted in cap? In order to apply for change of status, the applicant must still be in a valid status. My employer has filed for H1B amendment for new location. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. During this period, prospective petitioners and representatives can complete and submit . Please help me guys, I am totally confused on this. So they requested a data fix to SEVP to fix my SEVIS record. Is it ok to wait for more than 3 momths after my H1 approval? Now My employer requested me to come to USA. Check with your attorney or https://askanattorney.happyschools.com/. 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. You will eventually need H1 stamped right? If not what should I do ? I had filled H1B first time and was approved in Ocotber 2016. Some people may have H4 visa or others may have F1 to come back to USA. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. The end date indicated on the I-94 is your status expiration date. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. 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. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? 1. Hi Raghu, Did your h1b approve for stamping? But they did not send me for stamping. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. If you live outside the United States, you can schedule your H1B visa interview. Yes you can but you need the approval notice. This is not the suspension of H1B Visa program. Please set aside time to complete this form. even if my h1b is for a non-profit institution ? If H1 done vs CP, then you will stop working when you enter the US on H4. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Ask the consulate. 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. 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. 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. If you have the approval notice for H1B, then can apply for H4 now. 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? Hi Raghu, Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. 5. I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. What is Premium Processing? Please let me know, Hi I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. Can i apply for the H1 B visa NOW?? 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. I am in a similar situation. In Mar 2019, my employer had filed an amendment for change of location. Can i be denied my h1b visa stamping because currently i am not teaching? Thanks. Is there any dependency of result of one amendment on the other. 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? 2. I cant help you here. I also got a 5 motnhs gap in my OPT period. My H1 stamping was expired and my currrent petion is valid up to Jan16. Do I have to await the approval notice before joining the work force? Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? or is that an approval notice? Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Visa processing times and questions can be stressful at times, thank you for replying to the queries. I will NOT be travelling out of the country. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. A reciprocity fee may also be required. 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. Once you are in US ask the new employer to file for COS with I94, 2. They are the right person to help you. can I travel and come back without any problem? 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. 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). Can I go for H1b visa stamping this year with the petition approved documents? USCIS approved my I-129 form a day before Trump announced federal hiring freeze. People are still waiting for H1B results filed in April 2015. towards the end of 6th year. The H1B petition is approved on October 27th. Why are you asking questions impacting your status on forums? What are the options available for me to go for stamping for change of visa status? Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. My H1b got approved for Fiscal year 2015 on 5th Dec,2015. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. same office location but the new address of residence is in different county. Hello Everyone, Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. Now I have a tricky time my current client offering full time. 1. chessmojo 1 yr. ago. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Sumit, if you want faster processing, then convert to Premium. 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. 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. 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? If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. Current Location India I think I can work as consultant initially and transfer H1B. The H1B petition is approved on July 1st. Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) There will be a visa fee of at least $190 for each machine-readable visa issued. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. The USCIS responded that the travel does not change the equation. I did not get my master's degree yet and luckly i got my OPT started lasy year. L1/L2 extension is also being applied by company. I am currently in Singapore. You can ask an Attorney here http://bit.ly/hsb-ask-attorney.
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