Some people are waiting in India without having an opportunity to travel with H1 approval. I got my H1 approved and it starts from Oct 1 2009. 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? 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. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. I live outside of the US, and only 10 days to find apt and get ready to work?? Any other Visa (L1 or B1 etc ) NO other Visa You can ask an Attorney here http://bit.ly/hsb-ask-attorney. list of documents required for H1B Stamping. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . My H1-B visa got approved and I have my H1-B authorization form(I797) and H1-B receipt notice and hence Im travelling to India to get my H1-B visa stamping. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. 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 ?. My employer saying till january I may have to wait. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. I have plan to visit india march . He just received a mail from university that his sevis is terminated and out of status now. I94 validity and with what Visa Type You cannotify USCIS of any change of address online. My change of employer petition was approved recently while still being in US. 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. 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. Hi Mine got approved on 12 Nov, Still waiting for 797. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. 1)Do you think my visa can get transferred to company B?? Please contact our office before making travel plans. I got selected to start a 3 years residency program at a major US university. H-1B and O-1 Travel. or is that an approval notice? Is there a way I can reenter the States using my current F1 visa? My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. I entered US 14 days prior to the start date mentioned on my i797. Please help addressing tis issue. Now my employer is saying that they want me to start from Jan 1 2012. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? But, you would need a valid US visa (other than H1B) to re-enter the USA. I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! Ive never done any studies here in US/Canada and Im from India. I am getting my H1-B start date as 1st Dec 2010. Can this be done ? Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). 2. H1B Visa petition can be approved with Change or Status or Without Change of Status. Thank you in advance. 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. If would get the degree. 2.In the Supporting letter from my Employer States that i will be deployed at end Clients business premises and our Employer Business premises This means i may work on In house or Client Project I dont have any Supporting letter from Client , I have it only from My employer will this would be enough. 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. Based on these facts, the change of . Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. You may begin work for an employer while your application for a Social Security Number is pending. 2)Got an Approval Status on March, 2012 I am currently on L1B visa in USA. i will have to travel to india next month . In 2004, the U.S. The H1B petition is approved on July 1st. Hi, 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. You need paycheck only if your started working on H1. However, there are a few things you need to know before you travel. Is there a way to salvage my petition ? At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. DEC 2015 still waiting for final decision .. F (413) 584-5411 and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. thanks What are the chances for legal action and getting the money back? currently embassy is not operation for normal window due to COVID My new employer has filed the H1b transfer in October 05 2015. 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 . Your visa stamp will reflect the I-797 validity. Sharad. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know 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. Yes. an assumption, I have submitted the client letter, SOW etc. But, theres no status for mailing the notice. I94 is generally used for your entry and exit in US. You dont necessarily have to start working on the start date. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. Now things here are going good so thinking to change to new client and new location again. 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? Now my question is after approval how long i can wait to fetch my first job? I want to share my question to you hope I will get the answer. If your application for H1B transfer is approved, you can continue with your job. I d like to know How long is the approved petition valid for and when last can travel to US ? Im on F1 Visa Status currently working in USA on STEM OPT. Please advise. If you told for me to went there and got the stamp when would you suggest? You need an H1B stamp to enter as H1B status. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. Why not get H1B stamping and enter US? If you are interested in reaching out to us, please click here: P (413) 584-3232 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. 2. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Sorry, I dont know the answer. Your email address will not be published. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. Talk to your attorney. Currently I am in my post completion OPT. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. The original I-797 approval notice. I have sent them my approval notice also. Customs and Border Protection (CBP) has implemented an electronic I-94 system. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Many consulates use an online appointment system for visa applicants. If travel is required, advance planning and early visa application are critical. I am also in same situation. I got my H1B stamping done last year in Sep 2009. From USCIS website my status is confirmed as Approved. My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. 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. Hi Raghu, However, the USCIS has generally applied the analysis contained in the letter since 2004. I received my H1B approval notice yesterday. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. 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. Should I go to my home country for H1-B visa stamping or it is too risky for me? Now I have a tricky time my current client offering full time. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. interesting how to apply for dutch passport ? You can alter the auto-generated information to tailor it for your dependents. Kindly guide me what should be my next step. Questions affecting your status should be answered by an attorney. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? Would my H1B visa expire at some point if I do not adjust my status? My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. Can I travel outside the US after H1B approval (change of status) but before Oct, . I have a weird situation. please do let me know. I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. Company B is filing H1b for me. Hi, 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". Can you please help me in understanding what should I do? H1b extension is taking about 5 months for regular processing. When should I go for stamping looking into the current corona situation. Ask your employers attorney Is it necessary to work in petitioned company, while going for an H1B interview. Hi Ram Im exactly at the same situation like yours now. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. 1. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. if so, what should I do for a month? You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. I wont have time to get my visa changed over to H1B during this trip. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. 6. even if my h1b is for a non-profit institution ? Hello Raghu, 2> If I join a different employer after 6 months. 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)? Updating the address in USCIS website is sufficient or anything else is required? Theres no wait time. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). 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. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. Due to some reasons their department HOD is not going to sign the OPT form. 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? Currently I am in my home country. Any people in my situation and got information regarding this,help please. I have got a valid H1b approved petition from my current employer. And petition validity is till October 2013. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. My passport is changed after I applied my H1B lottery due to spouse name addition. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). Such guidance does not carry the binding force of law or regulation. Thanks a lot for the response, Raghuram. Will there be any serious issue duing VISA interview. We got new client new location so filed amendment. You dont need stamping. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). Till when can I continue my job on L2-EAD? Hi Raghu, in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? Else, it can take months and theres not time limit. One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. 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 have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Need to go for stamping to activate my visa. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. Please let me know. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. P.S. I am in US and my status is F2. So in that case i need to attend visa interview again to make my travel. Typical administrative delays are 2-4 weeks, but some are much longer. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. 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. Will there be chance for getting stamped if I attend the interview late? I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. 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. But, exactly how much is that?. Ask your attorney or submit this via Ask an attorney by Email. Heres a list of documents required for H1B Stamping. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? My Employer from India, I have my client at Location X and Location Y. Education No US Degree (Graduation and Post Graduation from Indian University) You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. 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. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. It takes few days for the Database to sync between I-94 and DMV. If so, how long does it take to receive the hard copy of approval after the decision is made? 2. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Hi, On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Will my extension application be cancelled and do I need to apply again? A reciprocity fee may also be required. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. Waited for i-129 approval but dont want to waste the chance of F1 visa. My parents are coming to US for a visit. Let's look at how it works and why USCIS will abandon your COS application. Or do I need to work with employer Y at least few months? Will it create problems during H1b stamping in India during interview ? My extension of H1B i129 was approved last week and I am living within US now. 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 got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments Do I also have to inform my University of the COS? 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. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Also, I am planning to apply for h1b for next year. Now i am leaving current employer which files H1B & joining another employer. Please suggest. Hi Raghu, Questions about affecting your status should be posted to an Attorney . Hi Rk, we are in same situation, can u please let me know what you have done. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. case created:15th June, Case updated:18th June. Can i apply for the H1 B visa NOW?? My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. We are currently stating in US. 5. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? International travel by foreign national trainees and employees must be planned carefully. Can I travel to India in March ? If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. I have two queries in regard to stamping. Yes my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? Same company, same role. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. Do I need to go back to india for stamping or can I continue with h1b? If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. 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. I have only LCA ETA form 9035 & 9035E. 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.