I was thinking of traveling to India to get the stamping in the month of November. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. If you could pls help answer my below question : My H1B got approved from dec 31 2015. How this H1B visa be utilized in these two cases: I wanted to visit home before I start my job. My OPT extension came in effect from 10/01/2016. 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? Sharad. So can we file one more amendment without any issue when the previous petition is still in progress? I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. I never traveled to US before. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. 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. would there be any problem returning US at the port of entry ? I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. 3. can i take got visa stamping with that case ? I had filled H1B first time and was approved in Ocotber 2016. 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. Thank you. Your article mentions that we can reenter the US only after October 1st. 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. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Is it ok to wait for more than 3 momths after my H1 approval? You can continue on your current visa till your H1B is stamped. I have an H4 visa and live in USA. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. Travel, whether for personal or professional reasons, can be an exciting . It is possible to go for stamping from other MNC/consultancy with this details? #2 Change of Status DENIED 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. A reciprocity fee may also be required. ( was on H4 earlier). The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. 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. Went for stamping in Hyd and the status is pending. Now company forgot about my master's degree. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. It will be bumpy ride. Is there a way to salvage my petition ? Get approval, then stamping. I have my new passport with me. I am getting my H1-B start date as 1st Dec 2010. But I couldnt get any job because of corono . It got approved on 12/06/2016. Same company, same role. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? If would get the degree. My extension of H1B i129 was approved last week and I am living within US now. Yes you can but you need the approval notice. I am still waiting for I797 from my company A. Actually I have my H1B ammendment filed for relocation and it is in progress. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. What was your status when you got denied notice? Accurate I-94 records control your lawful status: they are very important. My H1B has been approved and I am currently in USA. Till what period my attorney/employer would receive the i797 approval Mail notice. Hi Rk, we are in same situation, can u please let me know what you have done. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Its a direct client. But i am planning to change it to H1B. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. 1. Should amendment be filed before Oct 1?? As per USCIS website, filing is mandatory but approval is not to work in new location. 3)if i go late for the stamping is it a problem?? Will my current H1-B application get rejected because i dont have these details? 2. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know I know there is recession there in US, but in my case the reasons for not being able to land there are different. I am on F1-OPT, and my H1 gets valid from Oct. 1. 3. The approval notice shows same i94 number as h4 when she entered the US. pls suggest your valuable guidance. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. Stamping before OPT expires You cannotify USCIS of any change of address online. 1. Please respond. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? 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. I might have to go to India in December. You will be fine. 15 calendar days to get the decision. I will answer them in a video. or we are good to travel with updated LCA. (The LCA received is having the old address). Traveling While Awaiting an H-1B Extension. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. As there are not much requirement during November and December month. After H1B Visa Approval Notice Sent If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. But, if you get denied, Im the one to blame. 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. How do I make this appointment, and with whom? Visa Validity Please contact our office if you would like to initiate a permanent residence application. Could you please provide the procedure in this case. I recently quit the company i was working for. Question: What happens after your H1B Visa is approved? My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? Now can go for stamping or not. Thank you for the answers, Rao and Raghuram! 2) My H1B is filed by employer based in Seattle. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. My organization inititated HNSC request premium as My current visa will expire by 31Jan . So, I think you cant go back. Approved H-1B Visa Petition with Change of Status. Nationality- Indian This processing can take several weeks. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. Same steps as applying for new Visa. kindly help me please. yes , responded to RFE in NOV 2015 . As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. Thanks for this information. If COS is approved, your L1 is gone! 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. 1. So i wanted to schedule the H1B interview by the second week of Oct-09. Hello Raghu, 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 . After coming to US i changed my status to F1 in June 2011. I went to PAI on 11/18. I d like to know How long is the approved petition valid for and when last can travel to US ? I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. 2. My opening is at location Y. I am planning to go to Stamping for location X and then file an amendment since I dont require to wait for the approval notice. I just got this notice, but does it mean I got approved to technically be H1B status? or can I travel after my acceptance of H1B. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Im yet to get the mail . Customs and Border Protection (CBP) has implemented an electronic I-94 system. Theres no wait time. 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. My employer saying till january I may have to wait. My joining date with other employer is after 3 weeks. Visa stamping has been expired now. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? Please advise. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. The H1B petition is approved on October 27th. I m doing Msc biotechnology. 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? But they did not send me for stamping. A: Status changes are handled by USCIS. I got my H1B approved through Consular notification. Talk to an attorney https://askanattorney.happyschools.com/. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do The original I-797 approval notice. Now again i am filing H1B. all the same forms, and interview etc? You can attend the interview as a family ( H1B and H4) together. I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. Some people may have H4 visa or others may have F1 to come back to USA. I would like hear about your experiences or your advises on H1B visa stamping in Canada. My Employer from India, I have my client at Location X and Location Y. Now My question is. Does anyone know how long an amendment takes? This means I will not be able to transfer it to a new employer. Thank you so much for setting up this website and blog. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. I got my H1B approved in Dec 2018 from a non-profit Organization. The student's OPT is valid until November 30th. Now my employer wants to apply for change of location, so I want to understand that once my company applies for an amendment to change location and it is approved, do I need to go to my home country to get it stamped or it is not required until I go outside US? If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? I am currently in Singapore. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. There many waiting to attend interview who got H1B approved last year. Now, my current employer is asking me to leave the country as my petition was denied. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. But which document i needed to get stamp by next employer. Required fields are marked *. Ideally how much time it takes for the approval notice to reach at our end? My question: Is there any problem in entering to USA as I am going after one year of approval? The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? What all documents are required for the stamping? 2. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. (Regular processing). I have received i797c notice of approval. I am searching for consultancy firms who will file my H1B visa. I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? Why are you giving incorrect info? The travel does not invalidate the previously-approved USCIS change of status effective from a future date. please let me know how many days before the expiry date i have to reach US. Can he transfer Visa or will apply new visa? You have to understand the concept of H1B Visa and Change of Status. So, seek legal counsel in this case. ( OR) I have checked my status online and it says , we denied your i129 and mailed you the decision . Is it ok, if I stamp my visa first and then my wife and kid go later on. You get the original in 2-3 working days. I am in US on F1 visa now. 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? Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. can I travel and come back without any problem? I am bit worried on this status, can you please help me to understand this status. and stamping. My H1 transfer is approved by employer B (new employer) and I received an approval notice. or is that an approval notice? Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. 3. For how much time can I be on this visa without stamping? Can it be fixed before that date ? My next employer is ready to stamp. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Refer to US Consulate website and Required Documents list in this blog. 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. What should i do. When he asked to return the money they are not willing to do so Help My OPT is valid until October 12th. 1) How Can I know that my Petition was approved using PP or normal processing You cancheck visa-waiting times here, and you cancheck consular procedures here. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. On April,15 a Company A filled my H1 work visa. Published research and other works that are in the public domain should be included in the resume. They are the right person to help you. I got my H1B approved for the year 2012. 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. Right now, I am on Post completion OPT and it ends on Feb 2021. It is our pleasure to assist you in this matter. 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? Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? 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?? I have a question, please guide if you can. But, it is maybe good to get it clarified with an attorney. Im in H1B Status now and planning to transfer to new employer. 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. So I think I lost my visa status. From April 1 your status will be H1. I am currently on OPT with H1 Approved status starting from Oct 1, 2016. even if my h1b is for a non-profit institution ? Again i m talking abt having multiple amendments ( not transfer). Thanks, Any help will be really appretiated.Thank you all. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. Now my doubt is will my h4 will be questioned if I go to India. Is her H1B approved on Oct 2008 is till valid ? My H1B Status still in Received status, what should be the deadline time to change the statues? I have got a questions when you received all the documents to get your visa stamped. Lets say if my application picked up in lottery and Ill get result in May/June. I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? Is this a right thing to do ? Thanks for the great information. But I too am in a same boat, Hey Raghu. Would it give problem to me ? 9. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. or Am i eligible for CAP-GAP automatically? How long can it be allowed/valid to be stamped? Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. No I9 and I94 are different. Some people are waiting in India without having an opportunity to travel with H1 approval. Can we come back on L1 visa. I have to go for stamping in Chennai. You can start working only after the start date on I797 approval notice for new H1 petitions. I have got my h1 approved october 20th. You may have different questions with respect to this situation. L1/L2 extension is also being applied by company. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. Ive never done any studies here in US/Canada and Im from India. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? 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. 2> If I join a different employer after 6 months. an assumption, I have authorized CPT and went to India on vacation. However, i have also pursued a masters degree in Environmental science with which i am working right now. While your H1B change of status is pending, you are free to travel outside of the United States. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? currently iam in USA You will need to talk to an Immigration Attorney for your situation. Hi Hi 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. 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. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Why not get H1B stamping and enter US? Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. I have a question , I believe there are some options, but all of them are not ideal. I am applying for H1B COS on 01-APR-2017. Please can you share pros and cons for both the options or are they correct options to chose. You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. Hi, H1B will have a start date, so you can enter upto 10 days before the start date. 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. So its a negative in my case and ill be counted in cap? I got selected to start a 3 years residency program at a major US university. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. Could you kindly please provide me some guidance on below question? Consultant with whom i processed my H1 is no longer reachable. Would i have to explain why there is a gap between my approval and commencement of work? 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. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. 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. Hi, Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. My Green Card process may start early next year. 08 Aug 2022 In 2004, the U.S. If yes then what would be the approximate cost of status change ? If you told for me to went there and got the stamp when would you suggest? My friends are telling like she should give some 221G atleast if she needs to hold approval. 5. I just wanted to play safe and avoid going for stamping in this trip. Now things here are going good so thinking to change to new client and new location again. A copy of you VAC-stamped DS-160 confirmation page. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Some changes may require an amended H-1B petition. check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. Id have a question. I am in a desparate situation. Is their a validity associated with it. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). But due to unavoidable situation ,I need to travel to india. Its taking longer than usual for H1B processing. Would my H1B visa expire at some point if I do not adjust my status? 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 ?? 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. did your employer provided you a copy of h1b petition application to you? Im in the very same situation as you were in. Will company B create any problem for me? Im not sure. 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. 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. 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. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 1. 2. You will be required to upload a digital photograph. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? I would need to H1B, F1 respectively. I have been with this employer before my change of status. Why are you hesitant to renew your passport? 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 ?. I will appreciate any legal and serious advise on this matter. 1. To provide more details; (I have the option to chose two different places. Will there be any issue with that on stamping.
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