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 ? Is there a way I can reenter the States using my current F1 visa? pls help. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. Please respond. Even when I work in consultant, is there any process that should be completed before I travel from India. OPT should be still valid If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? In the meantime, my spouse got a Full Time offer with Company B. My company applied for the H1B but are now saying that there are no projects. 1) I need to travel to India between April and July, will there be any issue? Can I transfer my H1B without working with employer Y before October. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. 1. Be practical. Hello PDF Instructions for LS intl f-s in H1B in US - middlebury.edu I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. Please advise so that i can plan accordingly. H1B Transfer & Change of Employer - Full Guide (2023) I have only LCA ETA form 9035 & 9035E. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? I am a little confused as to when to have my visa stamped. I am in a similar situation. 1)i have opt extension up to 2018 july is still valid or not?? They would have to file COS from H4 to H1 ( and they can do in Premium). Can I travel to home country and return without getting my H1b stamp? What is the maximum duration I can wait before going for stamping. Will I have to go for stamping to stay in the country? Hello Raghu, My H1B lottery is picked up this year. 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. You have to understand the concept of H1B Visa and Change of Status. (The LCA received is having the old address). Else when is the earliest to do that?? 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. Can it be fixed before that date ? You can start from here https://askanattorney.happyschools.com/ In Mar 2019, my employer had filed an amendment for change of location. Could I have issues at the port of entry airport because of the H1-B pending? I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. My name on H4 i94 is mentioned with first name : xxx ; last :yyy 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. 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. Talk to an attorney ASAP to know your options. Please help! Yes, if #1 is True. My start date mentioned in the petition was Nov 1. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. 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. It would be of great help if you can answer me the above questions. H-1B Travel - National Institutes of Health My employer is saying security check is going. I had not scheduled my visa interview, and I didnt join that company. Why are you asking questions impacting your status on forums? And Ill be working remotely. Total stay in US- Never been to US currently iam in USA I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. 4. *You do not need to present your original I-797 approval notice at your visa interview. Thanks for asking. 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. 3. After approval of my petition, how long can i wait for change of status or getting stamped ? Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. The 2004 Hernandez letter remains helpful and relevant even after many years. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. Suppose if August 2021 this is not stamped then what is the further option? Visa Validity The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. Your emoloyers attorney should answer this question. I got my H1 approved and it starts from Oct 1 2009. Ask the consulate. For some personal reason, I am quitting my job with present employer( who filed my h1b). The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . My H1 is starting from Jan 01, 2011. Can I have my first H1B visa stamped in Canada? Quick question- I received the COS from L1B to H1B two days back. Should I cancel my H1B ? USCIS now provides a copy of the I-129 petition directly to US consulates. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. My Petition got selected for h1b by lottery. Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. Applying H1: Apr1st 2016, Which one is the better option? This may help a consular office understand that your work does not have potential application for national security or terrorism. Will he be able to go and attend the stamping? The original I-797 approval notice. Now my doubt is will my h4 will be questioned if I go to India. And, Does 3 year duration starts from stamping date, or it is from Oct2019? Can I travel internationally when H1b is approved but not - Quora 2) when can i go for the stamping?? My H1B receipt received on April. 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. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. Will my extension application be cancelled and do I need to apply again? thank you. Also, i have a b1 from the present company. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. In the past, this was an option, but currently, only visa renewals can be done in Mexico. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? International travel by foreign national trainees and employees must be planned carefully. Based on these facts, the change of . For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. Sorry. Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). I am applying for H1B COS on 01-APR-2017. Now again i am filing H1B. 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. 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". How long can it be allowed/valid to be stamped? The H1B petition is approved on July 1st. Or do I need to work with employer Y at least few months? 4)Can the new company utilize my approved petition? You can continue on your current visa till your H1B is stamped. Please post your question in Q&A section. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. Travel Information for H-1B Visa Holders | ISSS will be it be better to go for visa stamping before or after october 1st 2009? However, we cannot predict if you will face any issues unless we have more information about your specific case. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? But i am planning to change it to H1B. Can he transfer Visa or will apply new visa? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Hello Everyone, Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. 2023 Murthy Law Firm. 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 ? In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. What form do I have to submit for the visa interview? And now his petition is getting expired in july 2011. 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? Then link the new DS160 to appointment confirmation (via travel docs). Total stay in US document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. My H1 b petition is approved 2008 June , I didnt went for stamping . Yes If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. What is the grace period to file the COS now? RFE is answered and I am waiting for the reply. If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. I have both passports with me. Is it possible to transfer it to my new employer. Some people are waiting in India without having an opportunity to travel with H1 approval. You should ask the same questions to an Immigration Attorney. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. 3. will it be valid to apply in 2019? 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? You may have different questions with respect to this situation. File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! 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. Checking Your Status Expiration: H-1B Workers and their H-4 Dependents Is this possible? 3. Travel Tips for F-1 Students on OPT or Planning a Change of Status to H Did you transfer your H1B to your current client without working with Employer Y? Please suggest. Some people may have H4 visa or others may have F1 to come back to USA. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) You can attend the interview as a family ( H1B and H4) together. Can I try for H1B transfer from here in India itself? My H1 got approved this oct6 from California center. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. My current project is ending on Dec 28th 2018. 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. Hello, Got message: H1B will have a start date, so you can enter upto 10 days before the start date. The student's OPT is valid until November 30th. I am on F1 Opt working for a company. I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. I am currently on L1B visa in USA. Still my application is not approved. 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/. Its taking longer than usual for H1B processing. Is there any other way to expedite the process or get information from USCIS. 1. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. I am on totally confused stage. Please share if you get any answer so to your question. Check the Processing Time, usually, H1B and H4 gets approved at the same time. My H1 is approved for the FY2017. You can transfer your H1 to new employer and they have to send the required documents. Issues to deliberate on P.S: also my husband will join me in the US. But the office location is different and the new address of residence is different state. I never traveled to US before. 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. The I-94 reflecting the change of status is attached to the approval notice. http://www.happyschools.com/ask-an-attorney/. or Am i eligible for CAP-GAP automatically? My attorney told you can get stamped anytime before your STEM OPT expires my question is. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Dont try to save on FICA taxes . Thank you in advance . If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Sorry, I dont know the answer. Hi, Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. I just want to know what all documents I have to collect from my employer. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. I did my Masters from US. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? After going there i would like to change my status to H1B from F2. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. If it was a coincidence then my petition was approved using normal processing and I should get my money back. Check with your attorney or https://askanattorney.happyschools.com/. You need paycheck only if your started working on H1. Could you tell me what happened to you case? Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. 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. Is that petition is valid now ? https://askanattorney.happyschools.com/, Hi , Do you see an issue with this? You need to find new employer. i have new employer and will file h1b cap counted next week. Thanks for the great information. an assumption, I have authorized CPT and went to India on vacation.

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