I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Thanks for this information. Does this mean they sent the reciept that they received our request? I know that Oct. 1st my status will change from F1 to H1B. Could you kindly please provide me some guidance on below question? It is possible to go for stamping from other MNC/consultancy with this details? 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 live outside the United States, you can schedule your H1B visa interview. i read from various web sites saying generally people go to either MEXICO or CANADA. I know there is recession there in US, but in my case the reasons for not being able to land there are different. Consult and attorney. Congrats on your H1B Approval. International travel by foreign national trainees and employees must be planned carefully. 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? Some people may have H4 visa or others may have F1 to come back to USA. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. But now I got an offer from company B. I want to join company B instead of A. My status got changed from H4 to H1. Any help is appreciated. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? ** Note that the name on your passport must match the name on your I-797 approval notice. 1)Do you think my visa can get transferred to company B?? Is it possible to transfer my H1B without any issues? My Employer file H1B visa under Premium processing. 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 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. Pls reply Let me know if you have seen this before. Hi Raghu, As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . 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. Please let me know, Hi My H1B Status still in Received status, what should be the deadline time to change the statues? My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice Some changes may require an amended H-1B petition. Please let me know what would be scenario. 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. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. 15 calendar days to get the decision. You cannot choose which status you want to be maintaining. 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? Can I get to continue to work with my current visa status (L1, L2 or OPT)? 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. You can do the math from there. So when my transferred petition approves i would be having only 4months from the visa expiry . Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Steps after H1B Petition Approval - Visa Stamping, COS - RedBus2US Your You should consult an attorney about a status-related question. 2. COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog Traveling While Awaiting an H-1B Extension. I have got a valid H1b approved petition from my current employer. My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. My H1B visa has been approved with a change in status (F1 to H1B). Meanwhile he was unable to attend residency and makeup session class in his last semester. My OPT extension came in effect from 10/01/2016. H1B Petition approved but I-94 is not updated - Immihelp My employer hold me till todate. 1. Not advisable . If yes how.? Please set aside time to complete this form. My question is, where do I go to receive this stamp I read about ? Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. in the US, Im in the same location and same client. to transfer you need the approval and EAC #. 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. You should check if Transit Visa is required for Paris. While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. I'm Indian, rightnow doing job in Singapore. In order to apply for change of status, the applicant must still be in a valid status. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. You will fill DS-160 as if you are going to attend an interview with Company A. So its a negative in my case and ill be counted in cap? My H1 b petition is approved 2008 June , I didnt went for stamping . To provide more details; (I have the option to chose two different places. Currently I am in my home country. IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. 1. Also, please suggest if people are getting their H1B approved? But, do you want to wait around to get into H1B under this current scenario? Id have a question. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. as supporting documents, if asked. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Plus, check to make sure your H1 is not withdrawn. Will my extension application be cancelled and do I need to apply again? Anyone know what is the procedure what we need to follow once we receive acknowledgement? what exactly this security check and how many days it will take. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). 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. I am in a desparate situation. 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. After H1B Visa Approval Notice Sent Some people are waiting in India without having an opportunity to travel with H1 approval. I have responded to an RFE and am awaiting the final approval, hopefully. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. HI, I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. Question I have is my husband was in F1 and went ahead with divorce. https://askanattorney.happyschools.com/. please do let me know. If you do premium processing, then you can get approval in May/June. My passport was stolen on 05/28/2017 in Los Angeles. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. But I never travelled on this VISA. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. I have got my h1 approved october 20th. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. H1B from withon previous 6 years will not count under Cap. Do I have to apply for OPT extension? I just got this notice, but does it mean I got approved to technically be H1B status? Will it pose a problem while getting the visa stamped? I will started working with new employer next month . Could it harm my visa to do so? or can I travel after my acceptance of H1B. H-1B Status and the Cap Gap Extension | Study in the States - DHS So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Now My question is. 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. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). 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 . Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. 1. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. I got my first H1B approve in Sep 2011 for 1year. Is there any special rule for this type of scenario? 3. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. 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. Can i still get my H1B stamped? In short Yes, but is hat H1 petition still not revoked? I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. My attoryney applied for an amendment on June 2nd. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. My applied for H1B through my current employer. What is the consequences of never stamping or late stamping ? Thanks for asking. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: Your H-1B photograph. 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 have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. We recommend obtaining a new passport with given and surnames if possible. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). chessmojo 1 yr. ago. I have two options below. Visa processing times and questions can be stressful at times, thank you for replying to the queries. 2. You can do premium for faster approval. 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. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. Your email address will not be published. F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . Prior to this my OPT ended on 09/26/2016. 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. Extension of Post Completion Optional Practical Training (OPT - USCIS 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. How do I make this appointment, and with whom? It got approved on 12/06/2016. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. I am a Canadian who has been working in the US with TN visas in the past. Thanks. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. Instead of checking Change of Status, they indicated that I am outside US. I have my H1B visa approved. Then link the new DS160 to appointment confirmation (via travel docs). Is their a validity associated with it. What is the maximum duration I can wait before going for stamping. Hey Please schedule a 15 minutes call. Hire Us. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. My H1B was on RFE. Thanks. (Regular processing). #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. My attorney told you can get stamped anytime before your STEM OPT expires my question is. 1. I applied for a new passport in the Indian embassy in the US and have reported the lost passport to the US consulate in India. Going to Canada for my H1B stamping a good option? Can you please tell me what shud I do to correct that ?? 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 did not have petition copy with only i have WAC no. If yes then what would be the approximate cost of status change ? I was planning to come back to US on L1 and then switch to H1B after coming back. Ive 4 years work exp. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. It counts based on effective date or expiry date? Will it create problems during H1b stamping in India during interview ? You cancheck visa-waiting times here, and you cancheck consular procedures here. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. 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. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. My current project is ending on Dec 28th 2018. 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. I think your employer can extend H1B petition up to 6 months before. You need to ask an Attorney. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. They are the right person to help you. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . You do not need to present your original I-797 approval notice when you apply for entry into the U.S. whether can I come back to US? A travel letter template for your employer to complete before you travel can be foundhere. Can I get stamping before October 1 and enter the U.S. on H-1B? Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. Checking the feasibility of changing employer I am getting my H1-B start date as 1st Dec 2010. please let me know how many days before the expiry date i have to reach US. 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.. 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. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. Here I got some confusions.. 1. Please correct your article. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Could you please provide the procedure in this case. Travelling outside US when H1 B is under process is that a problem? Will there be any issue with that on stamping. We are planning to upgrade it to PREMIUM . Yes, if #1 is True. Still the status show it is under review, I am not sure what is the processing time in general. I m planning to go to USA. I have already used my OPT and OPT extension. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. I feel really frustrated by all this bureaucracy. P.S. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Dose the h4 extension approval usually takes this long after the h1b is approved ? Work for Company A generate at least 2 pay stubs and then do the transfer? I am already in the US. Should amendment be filed before Oct 1?? I just want to know what all documents I have to collect from my employer. Can I put resignation and wait to join other employer ? However, the USCIS has generally applied the analysis contained in the letter since 2004. I have not gone for stamping yet. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? Now, I am wondering if I am unable to get the above position. Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped 1. 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. Your employers attorney should have given you these details. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Currently I am on F-1 Student Visa. 2. Mine is a tricky situation. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. I've received all H1B related documents from my employer. if so, what should I do for a month? I am in similar situation, did you get to know any way to get the COS approved Im US? I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. 1. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. all the same forms, and interview etc? I am very new to this blog. You can go for H1B stamping till the date 60 days before its valid. 1> If I join same employer (who filed my H1B) after 6 months I am still waiting for I797 from my company A. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. 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. Can my employer file for an extension considering that I havent entered the USA with the initial/current petition and do we have to file for an extension before current one expires considering that I havent entered the USA? Can i travel India during the H1B processing time.? Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. There will be a visa fee of at least $190 for each machine-readable visa issued. can I travel and come back without any problem? PDF IMMIGRATION FACT SHEET - Sidley Austin Sharad. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. If your visa application is approved it will be processed and mailed/available within 2 business days. Start with your employer, employers attorney, if no you can ask via email. I got my H1B approved through Consular notification. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. H1B Visa FAQ Related to Change of Status - Immihelp 2. Would it give problem to me ? Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. 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. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. H1B Change of Status vs Consular Processing. Pros & Cons [2022] - RedBus2US 6. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Is it mandate to get the stamping done and travel to US during the validity period. If so, how long does it take to receive the hard copy of approval after the decision is made? When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. Now I have a tricky time my current client offering full time. If yes, what will be the visa validity he can expect?