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. Since then i am in india, and did not attend US consulate for stamping. Travel while H1B Pending (Extension, Transfer, Amendment, COS) When can I start working for the employer? You may have different questions with respect to this situation. Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. I had started working with my new employer after I had received the petition filing receipt. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. Id have a question. 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)? Hi Raghu, Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? 4. Will that be enough to show employer and employee relationship or still end client letter is required ? Consultant with whom i processed my H1 is no longer reachable. Company B is a consultancy company. HI, Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. If you have the approval notice for H1B, then can apply for H4 now. My H1B was on RFE. Any other Visa (L1 or B1 etc ) NO other Visa I want to share my question to you hope I will get the answer. Hello, 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). Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. Ive never done any studies here in US/Canada and Im from India. 2. ( OR) Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . 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). So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. Checking Your Status Expiration: H-1B Workers and their H-4 Dependents I am go to apply for H1 B extension. My fiance and I both work for the same company in the US. I have got a questions when you received all the documents to get your visa stamped. Thanks. I have valid H1b petition until 2014. In 2004, the U.S. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. 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. Hi, my OPT extension is valid until June 2018. or will it be a new h1b and i will be placed in lottery? The approval notice shows same i94 number as h4 when she entered the US. 1)Do you think my visa can get transferred to company B?? MY H1B employer is OK to work with Dell in Austin. or reasonably safe to do so ? This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. What are all the details/documents required for scheduling the interview? Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. I started working since 6 months in pretty big company. Mine is a tricky situation. I am on F1 Opt working for a company. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. After you change to Company B, you will submit New DS-160 with company B details. But my client job can be terminated before visiting India by Oct10,2016. Ask it via Ask an Attorney ( through this blog ) document posted to employer and I am a resident of UAE and Indian Citizen, Should And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. We cannot complete the DS-160 for you, but we are happy to answer any questions. If your employer is not giving the letter, then you have to go with what they have given. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. 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. Opt Expiration date : December, 2012 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. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. If H1 done vs CP, then you will stop working when you enter the US on H4. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. My Employer from India, I have my client at Location X and Location Y. Is this a practical scenario? Work for Company A generate at least 2 pay stubs and then do the transfer? I'm Indian, rightnow doing job in Singapore. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. in the US, Im in the same location and same client. Any problems with it? Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Customs and Border Protection (CBP) has implemented an electronic I-94 system. 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. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. What will the case status online if COS is denied and H1b is approved ? I am taking appointment for H1b Stamping and H4 visa for my wife. Do I need to get a date from consulate to get H1B Stamping in India? I am planning to go india and i want to know whether stamping is possible or not from India in present situation. I am getting my H1-B start date as 1st Dec 2010. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. Else, it can take months and theres not time limit. Currently i am staying in Kuwait for some project work. H4 to H1B Visa: How to Apply for a Change of Status - Stilt Blog 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. This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. Hi, I would list where you are working right now as current employment. Travel Check List for H-1B - International Students and Scholars Office 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. 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. My i129 petition has been approved without change of status from h4 to h1b. What are our options ? Thanks, So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. In 2018 November I had to leave US and (the organization where I was working) because of a family Can this be done ? As per USCIS website, filing is mandatory but approval is not to work in new location. You should consult your employers attorney . Since i am going in Dec 06, 2010 to Dec 19,2010. If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. What are all the details/documents required for scheduling the interview? After your H1B Visa is approved, you have to follow the path back from USCIS. 5. My applied for H1B through my current employer. I wasnt planning to go to India for H-1 stamping this year. Could it harm my visa to do so? The new employer transferred his H1 again and it is in premium processing currently. My petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. We are currently stating in US. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog 2. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. Now i am leaving current employer which files H1B & joining another employer. My H1B has been approved and I am currently in USA. Timing is upto you based on your circumstances. What happens to my H1 b status? Currently I am on F-1 Student Visa. Travelling to US for the first time. Both of our visas got expired as of sep30. 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. Visa stamping has been expired now. Please Help. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. I want to schedule my spouse H4 visa interview on Dec 2nd week. 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. L1 to H1 with CP. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. We dont know what will happen to H4 EAd. 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 I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. I went to PAI on 11/18. If Your H-1B Petition Has Been Approved as a Change of Status: 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. Also after receiving my I797 notice, can I go and apply for SSN? 2. 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. Heres my opinion: 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. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Please follow any instructions on the notice. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? But my attorney filled the form incorrectly. 1. People are still waiting for H1B results filed in April 2015. even if my h1b is for a non-profit institution ? My current employer Dell India wants to me to work for them in Austin. It is possible to go for stamping from other MNC/consultancy with this details? Education No US Degree (Graduation and Post Graduation from Indian University) Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? I have my H1B visa approved. Is it possible to transfer my H1B without any issues? This includes changes in work location, salary, and job duties. 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 converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. Your attorney can ask for replacement copy of Approval Notice. Talk to an attorney ASAP to know your options. Are some people still awaiting their h1b visa approval? I am in India. The H1B petition is approved on July 1st. You get the original in 2-3 working days. @Fanny We don't provide legal help. Can I travel internationally when H1b is approved but not - Quora 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? So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. My change of status wasn't approved, so I will have to leave and get my visa. H-1B and O-1 Travel. I hope i could find an answer to my question . No you cant. 7. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. PDF Instructions for LS intl f-s in H1B in US - middlebury.edu I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. is this usual? While your H1B change of status is pending, you are free to travel outside of the United States. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. 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. There is no grace period. Is there any risk involved in it? ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? Suppose assume that im transferring in next month December. 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 !! I ll be grateful if you can guide me for this. if so, what should I do for a month? 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. I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. Can i still get my H1B stamped? My H1 is approved with COS. But I too am in a same boat, Hey Raghu. Lets say if my application picked up in lottery and Ill get result in May/June. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do How long can it be allowed/valid to be stamped? 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. Thanks for this information. 15 calendar days to get the decision. Hi HSB, I dont know if you can start working if online status says approval. But now I got an offer from company B. I want to join company B instead of A. My employer is saying security check is going. Only when you travel. I have the same doubt. If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. 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 ? Later in 2010 I come to US on L1B visa. You need to ask an Attorney. Stamping before OPT expires please do let me know. 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. would there be any problem returning US at the port of entry ? Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Help If you are interested in reaching out to us, please click here: P (413) 584-3232 Travel Tips for F-1 Students on OPT or Planning a Change of Status to H I d like to know How long is the approved petition valid for and when last can travel to US ? But, you would need a valid US visa (other than H1B) to re-enter the USA. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. I've a similar situation. If you live outside the United States, you can schedule your H1B visa interview. Travel After Change-of-Status Approval with Future Start Date 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. However, we cannot predict if you will face any issues unless we have more information about your specific case. 3. wat would be the best option for me to travel to India in this situation. an assumption, I have submitted the client letter, SOW etc. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. 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. Hello Raghu, Hey You will need to submit new ds-160 to update the employer. Can I travel outside US now ? 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. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. I have two options below. I just wanted to play safe and avoid going for stamping in this trip. I got my H1B application approved and also done with the stamping on may 2012 . Hi, Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). I have to go for stamping in Chennai. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. Please advise what should me the best approach here. After going to India if i will not get stamping in India, currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. 3. Hi, You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Thanks. H-1B Change of Status - Immihelp I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) Very recent my h1 petition got approved for one year. It is therefore difficult to predict how long the wait will be for each visa issuance. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. Hi Raghu, 1) You need to enter petition no in ur wifes DS160 . I am in US on F1 visa now. You will be required to upload a digital photograph. Can I travel to India in March ? The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. You cannot choose which status you want to be maintaining. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. 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. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Please help. I attend my visa interview from Dubai or India, Kindly advice. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). 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? I have a question , Thanks !! As I was with F1 status and it will finish from Sept, during one month I dont have no status. I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Your employers attorney should have given you these details. If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). Ideally how much time it takes for the approval notice to reach at our end? 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? Depending on your status change. 3. Second, submit a change of status application. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? to transfer you need the approval and EAC #. Again i m talking abt having multiple amendments ( not transfer). In Mar 2019, my employer had filed an amendment for change of location. You have to get the documents first. Now, my current employer is asking me to leave the country as my petition was denied. 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. Looking forwardat your best advice. P.S: also my husband will join me in the US. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. So can we file one more amendment without any issue when the previous petition is still in progress? Visa processing times and questions can be stressful at times, thank you for replying to the queries. Did you transfer your H1B to your current client without working with Employer Y? For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? 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. 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. If I go for stamping in India for H4b will I have any problem ? If i go what will be the problem to my H1B? Hi, A reciprocity fee may also be required. But I am considering the former option. Please suggest. Hi Raghu, My employers attorney has filed a service request too with USCIS, but no updates yet. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. I got my H1B approved for the year 2012. I am on the place as you are. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? 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. 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. Thank you in advance. and my last day in the organization was 11/16/2018. interesting how to apply for dutch passport ? 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. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? I had not scheduled my visa interview, and I didnt join that company. I got my h1b petition approved filed by my previous employer couple of days back. Nevertheless we would like to stay and work in the US. (Regular processing). I was working on h1b visa in usa from 1-2 years for same client. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? Why are you hesitant to renew your passport? 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? You cancheck visa-waiting times here, and you cancheck consular procedures here. ** Note that the name on your passport must match the name on your I-797 approval notice. My next employer is ready to stamp. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. 1. 2.What are the options to get a valid I-94, without going back to my home country for stamping? https://askanattorney.happyschools.com/. We recommend obtaining a new passport with given and surnames if possible.

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