This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Yes. If i go what will be the problem to my H1B? 2. Theres no wait time. 1)My H1-B was filed using I129 in November, 2011. How to Apply for H1B from H4 Visa Status. 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. Hi Raghu, an assumption, I have authorized CPT and went to India on vacation. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Ask your attorney or submit this via Ask an attorney by Email. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. towards the end of 6th year. 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. Mine got approved on 12 Nov, Still waiting for 797. Only when you travel. I have travel plans and booked VISA Interview on December 16th. 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. Do you see an issue with this? can I travel and come back without any problem? 5. can i take got visa stamping with that case ? eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). Can I attend the interview by oct-09? What form do I have to submit for the visa interview? If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Is i am eligible to stamp by next employer OR my petition is waste. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Hi Raghu, I got My H1b approved and started from October 1st, 2019. My H1B premium process petition denied last month, now what could be the next step? If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. I got a new project with a start date Jan 2nd 2019. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. Is it possible to transfer it to my new employer. We got new client new location so filed amendment. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. Still the status show it is under review, I am not sure what is the processing time in general. Can I travel outside the US after H1B approval (change of status) but before Oct, . On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? From USCIS website my status is confirmed as Approved. My wife is expecting and she will not able to travel anytime soon for the stamping. No you cant. My petition got approved. Or should I do the same my employer has asked me to do. Im not sure. My L1 is expired for company A with valid I-94. I think you have to wait for the notice to reach your employer. In 2018 November I had to leave US and (the organization where I was working) because of a family Things to Know After Your H-1b Is Approved You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Travel Check List for H-1B - International Students and Scholars Office 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. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. The H1B visa transfer process is as follows: 1. Its taking longer than usual for H1B processing. currently embassy is not operation for normal window due to COVID Which category does this come under. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? But, theres no status for mailing the notice. I am scheduled for a business trip from Sep 27th to Oct. 6. You will be required to upload a digital photograph. Or my H1B has to be stamped in my passport to be eligible for employer change? Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. The I-94 reflecting the change of status is attached to the approval notice. I was thinking of traveling to India to get the stamping in the month of November. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? 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). The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . can i re-enter USA on my F1 visa without any issues in port of entry?. F (413) 584-5411 International travel by foreign national trainees and employees must be planned carefully. 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. I am a little confused as to when to have my visa stamped. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. Now can go for stamping or not. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. And Ill be working remotely. I want to transfer to new employer once i got my 797. I found your video really helpful to understand the process. 1. Opt Expiration date : December, 2012 Again i m talking abt having multiple amendments ( not transfer). also one of my friend lost his 221G how can we get the copy of 221G? Can you please tell me what is the percentages of cases still approval pending with USCIS. Please can you share pros and cons for both the options or are they correct options to chose. 2. So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. Since then i am in india, and did not attend US consulate for stamping. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. But i couldnt see my employer sending me for visa interview. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? Is this a right thing to do ? Do I need to leave the country ? You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. Id have a question. My passport is changed after I applied my H1B lottery due to spouse name addition. You should consult your employers attorney . please let me know how many days before the expiry date i have to reach US. On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. What is Premium Processing? I got selected to start a 3 years residency program at a major US university. I want to schedule my spouse H4 visa interview on Dec 2nd week. Customs and Border Protection (CBP) has implemented an electronic I-94 system. Please suggest me. 2. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Thanks !! Email info@cbkimmigration.com I am currently in same situation. 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? I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) I would wait for the approval notice. 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. Checking the feasibility of changing employer After your H1B Visa is approved, you have to follow the path back from USCIS. I got my initial H1B Approved From OCT 2019 to Jan 2020. Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. 1. But now the requirement is not there with client Y. 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. Hi, Can I join B without any issues/legal hassles? If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. My case status is as follows: 1. Hello, I came to india and got H1B stamp in my Passport valid until September 2012. Both of our visas got expired as of sep30. 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. My H1B visa has been approved with a change in status (F1 to H1B). 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. Thanks. Can it be fixed before that date ? 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? within 2 weeks. Will my visa become invalid or will it still be valid after few months? Hi, You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Can I go for H1b visa stamping this year with the petition approved documents? Will I have to go for stamping to stay in the country? 1. Is there any company who can do H1 B visa can just reply me. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? Now, I am wondering if I am unable to get the above position. 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'm Indian, rightnow doing job in Singapore. The DOB is in the new I-94 which is at the bottom of the I-797 document. I am go to apply for H1 B extension. I am working for company A on L1B. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? Please Help. 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. Form I-9 after H1B approval : r/h1b - reddit.com You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Thats the conversation you should have with your employer and attorney. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. It will be bumpy ride. 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). I have been postponing travel abroad because it is not suggested while approval is in process. My attorney told you can get stamped anytime before your STEM OPT expires my question is. Please share if you get any answer so to your question. While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. Hi Raghu, If your visa application is approved it will be processed and mailed/available within 2 business days. I just want to know what all documents I have to collect from my employer. Travelling outside US when H1 B is under process is that a problem? Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Ive my client letter, pay stubs, W2 forms everything clean. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. 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 a question. I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. I hope i could find an answer to my question . Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. Copy of your old H1B approval notice and offer letter, pay stubs, etc. 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? 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)? So, I have 2 questions: 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. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. Not advisable . I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. Let me know if you have seen this before. Please suggest. 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. I have checked my status online and it says , we denied your i129 and mailed you the decision . Since then I have acquired alot of helpful information that has helped me tremendously. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. 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. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Any help will be really appretiated.Thank you all. Replied Rfe in November , still waiting for results. However getting visa appointments in India is also hard so you just pick your poison I guess. What should I do now ? If H1 done vs CP, then you will stop working when you enter the US on H4. 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? meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. 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. and my last day in the organization was 11/16/2018. My visa stamping is done on May 2012 in Hyderabad . So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? 3. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt I have one more offer from company C, My question is Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). 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?? My employer resubmitted documents and USCIS received it within the RFE response date. I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Hey You will need to submit new ds-160 to update the employer. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? So, will my last year case have any impact on this year, as I didnt go last year. 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 currently in US on L1 visa and checking options to moving to h1b visa. I just got a new Job Offer, is H1 transfer now a good idea? I wont have time to get my visa changed over to H1B during this trip. My Employer file H1B visa under Premium processing. I m doing Msc biotechnology. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. 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. I got my stamping done in Jan 2019. So in that case i need to attend visa interview again to make my travel. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. I have received the approval notice which is valid till June 2020. 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. Traveling in H-1B Status - Office of International Students & Scholars so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. 3. Can I travel to India in March ? You should ask the same questions to an Immigration Attorney. I must have to visit India from Dec2 -Dec28. Before the start date of the job or after a while the job was started? I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. I can return back to work to the same employer or different employer after few months. My Petition got selected for h1b by lottery. Now my employer is saying that they want me to start from Jan 1 2012. L1 to H1 with CP. But my Visa Petition status is showing active and approved. Can you please tell me what shud I do to correct that ?? Or go with the existing Ds-160 and show them the approval notice when questioned. Does it help for any cap exempt? Thanks. 1. HI, My approval notice has mentioned Montreal consulate, now i have moved to Calgary. My parents are coming to US for a visit. I am in US on F1 visa now. My H1 got approved this oct6 from California center. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S and stamping. H1B from withon previous 6 years will not count under Cap. Hi I came to US in 2006 for my Master's. 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 . 2023 Murthy Law Firm. This year if I want to go for a job or higher studies in US. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Thanks for your response. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. My extension of H1B i129 was approved last week and I am living within US now. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. 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. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Thanks for the detailed reply. My H1B got approved this year but unfortunately my employer let me go.