I got a situation Herr, I got my approval notice for H1B 2016. If you continue working, you run the . A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? Also, please suggest if people are getting their H1B approved? I have my visa stamped this September and I want to travel in the month of March. Any necessary supplementary documentation that may be necessary. Kindly guide me what should be my next step. Thanks. 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 Arun, 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. What happens to my H1 b status? How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. Sorry. I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. Im in the very same situation as you were in. I have an H4 visa and live in USA. If yes, what will be the visa validity he can expect? My H1 transfer is approved by employer B (new employer) and I received an approval notice. You cannot choose which status you want to be maintaining. 2. You can attend the interview as a family ( H1B and H4) together. My new employer has filed the H1b transfer in October 05 2015. I got my visa Approved under Premium Procesing yesterday. I can return back to work to the same employer or different employer after few months. I am in USA on H4 visa. I have submitted my final evaluation of OPT to my school and they told that my sevis status was not auto complete/update to H1B. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Why are you giving incorrect info? Can this be done ? Hello, I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. 1. You can also post it via As an Attorney here. I m planning to go to USA. Quick question- I received the COS from L1B to H1B two days back. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. My H1B Status still in Received status, what should be the deadline time to change the statues? In order to apply for change of status, the applicant must still be in a valid status. 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. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. 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. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. Which category does this come under. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? 2. i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. 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. I am on the place as you are. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . would there be any problem returning US at the port of entry ? After visa is approved, you should get the passport within 3 to 4 days. Some people are waiting in India without having an opportunity to travel with H1 approval. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . Both of our visas got expired as of sep30. F (413) 584-5411 or can I travel after my acceptance of H1B. I came to india and got H1B stamp in my Passport valid until September 2012. Some changes may require an amended H-1B petition. whether can I come back to US? kindly help me please. 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? I have my new passport with me. 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/. 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? They may refile or do a MTR. I have got a valid H1b approved petition from my current employer. Due to some reasons their department HOD is not going to sign the OPT form. Any help will be really appretiated.Thank you all. 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 responded to an RFE and am awaiting the final approval, hopefully. H-4 visa holders who have extended or changed status in the U.S. and who have been issued an I-797 Approval Notice in their own name should travel with the . What is the consequences of never stamping or late stamping ? 3. Current Location India 1. Please be sure to do the same for your dependent(s). Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. My L1 is expired for company A with valid I-94. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Or should I choose the drop box option after I get my initial H1 stamped. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. I would appreciate any advice on our case. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. I would like hear about your experiences or your advises on H1B visa stamping in Canada. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. My OPT expiry date: 03 Jan 2017, If yes how.? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. What happened ? Ask your attorney or submit this via Ask an attorney by Email. Is there a way to track the status? I filed the petition under masters quota and with COS . Use the https://forums.happyschools.com/ for Q&A. A copy of your DS-160 receipt. (Regular processing). 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. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. Now I can utilize the same Petition number to other Employer. So questions to you are: 1. 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? Later in 2010 I come to US on L1B visa. I am taking appointment for H1b Stamping and H4 visa for my wife. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Myself Bhanu. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. 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. Now Im confused If my petition was approved on the same day they received my request for PP ? Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? or will it be a new h1b and i will be placed in lottery? I am awaiting for documents from my employer. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Or, do I need to wait until I receive the hard copy of approval from USCIS? Question: What happens after your H1B Visa is approved? Thanks for this information. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. Theres no wait time. The increase in enrollment is due to the removal of travel restrictions . this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. 3. Currently i am staying in Kuwait for some project work. I would need to H1B, F1 respectively. I had not scheduled my visa interview, and I didnt join that company. 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?? You can confirm the same question via Ask an attorney. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. If you had approvals in the past 6 years, then you dont count in the lottery. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). 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. Im yet to get the mail . I am in a similar situation. Very recent my h1 petition got approved for one year. I am sorry if my above assumptions do not fulfil your case. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. DEC 2015 still waiting for final decision .. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. 1. 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 know that Oct. 1st my status will change from F1 to H1B. However I have a bit tricky situation. My visa stamping is done on May 2012 in Hyderabad . Thanks for your response. Now in ds160 I have filled new passport details. I hope you will be able to help me. After your H1B Visa is approved, you have to follow the path back from USCIS. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Issues to deliberate on 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. Ask the consulate. I was planning to travel to India once my case gets approved. My H1B status is approved . Has any one got H1-B petition approval notice ? Do I need to leave the country ? Hi, USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. I am scheduled for a business trip from Sep 27th to Oct. 6. What is the maximum duration I can wait before going for stamping. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. I am working for company A on L1B. 2. So i wanted to schedule the H1B interview by the second week of Oct-09. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Till what period my attorney/employer would receive the i797 approval Mail notice. You can continue on your current visa till your H1B is stamped. Can I have my first H1B visa stamped in Canada? Updating the address in USCIS website is sufficient or anything else is required? Is there a final date where I would need to take on my H1B visa? Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. 2. I think 6 years will start when H1B status is activated. My question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? thanks 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. This is because the last action regarding the foreign nationals status governs. That office now has jurisdiction over your case. But company x filed my petition when I was in place A and two months it moved me back to place B. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Hello Raghu, 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? My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. Yes you can but you need the approval notice. Thank you in advance for your kind understanding and cooperation. Let me know if you have seen this before. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. What are all the details/documents required for scheduling the interview? A copy of you VAC-stamped DS-160 confirmation page. I dont know if you can start working if online status says approval. So, I think you cant go back. please let me know how many days before the expiry date i have to reach US. Nationality If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? My employer saying till january I may have to wait. Please let me know on this. I am very new to this blog. 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. Same steps as applying for new Visa. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. And new passport have details of older passport in it. I got my H1B approved in 2013 and stamped in 2015. Looking forwardat your best advice. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. It is our pleasure to assist you in this matter. 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? I currently live in the US. You can start working on H1 as per the Start Date listed on the Approval notice. Once you are in US ask the new employer to file for COS with I94, 2. Is there a problem if I travel to India in November? I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. 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? 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 ?. Questions affecting your status should be answered by an attorney. Approved H-1B Visa Petition with Change of Status. 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. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. I am currently on L1B visa in USA. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. 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. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Please review this material carefully. i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? 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. However, the USCIS has generally applied the analysis contained in the letter since 2004. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. I would need to H1B, F1 respectively. 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. When should I go for stamping looking into the current corona situation. 2. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. I got a new project with a start date Jan 2nd 2019. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. My name on H4 i94 is mentioned with first name : xxx ; last :yyy My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). My H1B has been approved and I am currently in USA. This processing can take several weeks. What will the case status online if COS is denied and H1b is approved ? My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). H1B Visa petition can be approved with Change or Status or Without Change of Status. If you have the approval notice for H1B, then can apply for H4 now.
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