Required fields are marked *. 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. You should check if Transit Visa is required for Paris. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. I think I can work as consultant initially and transfer H1B. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. Thank you in advance. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. Nationality- Indian 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. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). My cousin has been thinking about getting his h1b visa in order to get the career that he wants. Currently I am getting interview date of March 5th. In the past, this was an option, but currently, only visa renewals can be done in Mexico. Transfer h1. Right now, I am on Post completion OPT and it ends on Feb 2021. I94 is generally used for your entry and exit in US. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. Sumit, if you want faster processing, then convert to Premium. My employer files an H1B cap-subject petition for an F-1 student on April 1st. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. I cant advice on questions affecting your legal stay in USA. You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. What should i do. Accurate I-94 records control your lawful status: they are very important. 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? Please help addressing tis issue. I want some time ( may be 1 week atleast ) to resign from present employer. I will appreciate any legal and serious advise on this matter. Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. I got my first H1B approve in Sep 2011 for 1year. 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 stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? 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. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. My H1B has been approved and I am currently in USA. or we are good to travel with updated LCA. If yes, I need to get updated project/client related documents from the employer who filled. Talk to an attorney and figure out the plans and status. Same company, same role. 2. Will that be enough to show employer and employee relationship or still end client letter is required ? I need to go outside US for visa stamping in order to start working and return back with COS. The student's OPT is valid until November 30th. Talk to an immigration attorney with new rule about location change. 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. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. I have applied for premium H1 extendion this week. It will say Post-Decision Activity. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Yes In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. (Shilpi says: December 3, 2011 at 1:42 AM). My H-1B got approved recently as my employer applied it through Bachelor's degree. Please advise. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. I got a situation Herr, I got my approval notice for H1B 2016. But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. Now company forgot about my master's degree. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. What are all the details/documents required for scheduling the interview? Is that realistic or did we mix things up? Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? ( was on H4 earlier). Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. I hope i could find an answer to my question . You should try to transfer before they withdraw. I have received the approval notice which is valid till June 2020. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). I wont have time to get my visa changed over to H1B during this trip. 1. Sharad. Thanks. How this H1B visa be utilized in these two cases: Please let me know what would be scenario. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. 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? We got new client new location so filed amendment. 3) If I can and should then Whats the procedure ? 2. Now things here are going good so thinking to change to new client and new location again. currently embassy is not operation for normal window due to COVID I hope you will be able to help me. My friend wanted to take the legal action he is having all the proof when the money transfers etc. For ex. Your H-1B status is valid until the end validity date of your most recently issued I-94. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. Hello, 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. Should I Marry an American Citizen to Stay in USA? I have my new passport with me. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. So they requested a data fix to SEVP to fix my SEVIS record. I got my H1B approved in Dec 2018 from a non-profit Organization. I got my h1b petition approved filed by my previous employer couple of days back. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. The approval notice shows same i94 number as h4 when she entered the US. Thats the conversation you should have with your employer and attorney. 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. 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. Please help me by providing answers to these questions. We are currently stating in US. Should amendment be filed before Oct 1?? 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. Ask your employers attorney Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. did your employer provided you a copy of h1b petition application to you? My employer hold me till todate. How can i go to US now ? First, you must be present in the U.S. at the time your employer files your extension petition. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Your H-1B photograph. 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 ? The 2004 Hernandez letter remains helpful and relevant even after many years. Can you please tell me whether we can go to stamping with this ammendment details. towards the end of 6th year. Hi, 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. Yes, if #1 is True. I am currently on L1B visa in USA. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . I got my petition approved till September 2017. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Still the status show it is under review, I am not sure what is the processing time in general. Is my petition still valid and can be considered for cap exemption.? 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. Can I attend the interview by oct-09? I need to travel to India by this month end. The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. Always consult an immigration attorney to get your questions clarified. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. So, you can start working immediately. If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? You should consult an attorney to see what options you have. So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . I am and just want some company in anxiety. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. 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). They applied for my H1B visa and I just got all the documents from them. 4. A DHS memorandum dated May 16, 2000 states that an alien in . if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? 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. It happens and theres nothing you can do but wait. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. please let me know how many days before the expiry date i have to reach US. My applied for H1B through my current 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? Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments OPT should be still valid If you have a pending extension petition . You can transfer your H1 to new employer and they have to send the required documents. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? You can continue on your current visa till your H1B is stamped. Please suggest. 1) I need to travel to India between April and July, will there be any issue? Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? 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? Please share on who did you handle that circumstance? because i can extend my visa when i am US only. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. I would appreciate any advice on our case. Hi, Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. If you have the approval notice for H1B, then can apply for H4 now. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. Should I go to my home country for H1-B visa stamping or it is too risky for me? Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. Thank you so much for setting up this website and blog. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. Yes you can but you need the approval notice. 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 am currently in US on L1 visa and checking options to moving to h1b visa. My L1 is expired for company A with valid I-94. Now I have a valid petition and stamped Visa both valid till Jan-2023. Is i am eligible to stamp by next employer OR my petition is waste. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. Can i approach a different employer with same petition number to proceed with my H1B stamping. You cancheck visa-waiting times here, and you cancheck consular procedures here. Such guidance does not carry the binding force of law or regulation. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. Hello, Has any one got H1-B petition approval notice ? It is possible to go for stamping from other MNC/consultancy with this details? i read from various web sites saying generally people go to either MEXICO or CANADA. Im not sure. Now, I am wondering if I am unable to get the above position. My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Actually I have my H1B ammendment filed for relocation and it is in progress. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. I have the same doubt. Ask the consulate. If you live outside the United States, you can schedule your H1B visa interview. I would like hear about your experiences or your advises on H1B visa stamping in Canada. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Is it possible to transfer it to my new employer. Will my extension application be cancelled and do I need to apply again? The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Do I have to apply for OPT extension? You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. Use the https://forums.happyschools.com/ for Q&A. thanks If your visa application is approved it will be processed and mailed/available within 2 business days. Hello raghu, thanks for sharing the information. Can you please help me with this? If not what should I do ? I am in the middle of finishing my last semester of school. Our company doesnt support E-2 Visas anymore. I was planning to come back to US on L1 and then switch to H1B after coming back. Or do I need to work with employer Y at least few months? Talk to your Employers attorney. Please also be sure to email us a copy of the I-94 printout for your file. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Later in 2010 I come to US on L1B visa. Please respond. Are some people still awaiting their h1b visa approval? Hi, I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. 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. I got my H1B stamping done last year in Sep 2009. 2. The intervening admission to the U.S. does not override this later effective date. What should be the next steps for me ? And, Does 3 year duration starts from stamping date, or it is from Oct2019? While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. My employer saying till january I may have to wait. I moved to new the address now (Different State). I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. Any necessary supplementary documentation that may be necessary. You cannotify USCIS of any change of address online. Please suggest I am in huge confusion and tension. We have applied for the extension and we have got the receipt. Here I got some confusions.. 1. Please hel me if some one knows the rule of H1B Visa. I am scheduled for a business trip from Sep 27th to Oct. 6. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. Dont try to save on FICA taxes . I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. 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.

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