Hi You need to ask an Attorney. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. 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. all the same forms, and interview etc? H1B Change of Status vs Consular Processing. Pros & Cons [2022] - RedBus2US I have asked US HR already and they advise that travel is possible with the FedEx receipt number. I am in US with H4 dependent visa in which I wasnt authorized to work. 2. I have already used my OPT and OPT extension. Will the company C file new H1B (on what basis) . H-1B Status and the Cap Gap Extension | Study in the States - DHS Yes, if #1 is True. 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. 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. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Current Location India Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Help Still the status show it is under review, I am not sure what is the processing time in general. Mine is a tricky situation. 1. My case falls under h4>h1. I have not done anything regarding the h1b. I cant work without SSN and I cant get SSN with this issue?? Is it dangerous? I have sent them my approval notice also. Will the H1B come in effect from 10/01/2017 ? My situation is similar to yours. You are on H1 and you should get paid! I know that Oct. 1st my status will change from F1 to H1B. I am on h4 dependent on my husband h1b. My name on H4 i94 is mentioned with first name : xxx ; last :yyy Is my petition still valid and can be considered for cap exemption.? 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. 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. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. 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). If yes what is the procedure? Is that petition is valid now ? Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. I applied for H1-B in 2007 and it was approved. I know there is recession there in US, but in my case the reasons for not being able to land there are different. As there are not much requirement during November and December month. 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. Should I Marry an American Citizen to Stay in USA? A: Status changes are handled by USCIS. Your H-1B status is valid until the end validity date of your most recently issued I-94. Can i travel India during the H1B processing time.? 1. The USCIS stated that the change of status would take effect automatically on the effective date of the H1B petition / change-of-status notice of action of October 1, 2022, in this example. Consultant with whom i processed my H1 is no longer reachable. 3. The H1B visa transfer process is as follows: 1. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. list of documents required for H1B Stamping. Congrats on H1B approval. 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. 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. Why are you giving incorrect info? You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. I d like to know How long is the approved petition valid for and when last can travel to US ? I entered US 14 days prior to the start date mentioned on my i797. I am in India. I am awaiting for documents from my employer. COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog Will there be any issue with that on stamping. I wasnt planning to go to India for H-1 stamping this year. In USCIS site, my case status was changed to approved on July 16, 2015. I had not scheduled my visa interview, and I didnt join that company. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. After approval of my petition, how long can i wait for change of status or getting stamped ? even if my h1b is for a non-profit institution ? My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. 8. Do I need to go for stamping again after his H1 gets approved with new employer? Shanvi. Thank you in advance . The H1B petition is approved on October 27th. Later, you may jump ahead to certain sections. I am still waiting for I797 from my company A. Unfortunately the communication with the US embassy here is very complicated. My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. But my attorney filled the form incorrectly. You will fill DS-160 as if you are going to attend an interview with Company A. OPT should be still valid My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice FAQ: International Travel During F-1 to H-1B Change of Status Hire Us. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. 2. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . i will have to travel to india next month . My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Thanks. If yes then what would be the approximate cost of status change ? Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. 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. You should ask the same questions to an Immigration Attorney. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Travel After Change-of-Status Approval with Future Start Date Now my employer is saying that they want me to start from Jan 1 2012. Till when can I continue my job on L2-EAD? Did your h1b approve for stamping? I am currently working as a full time employee Programmer analyst in e-verified company. And, Does 3 year duration starts from stamping date, or it is from Oct2019? Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. I have the copy of the police report that was filed when I lost my passport. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Some people are waiting in India without having an opportunity to travel with H1 approval. 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. Show them your I-94. I have got a valid H1b approved petition from my current employer. I'm Indian, rightnow doing job in Singapore. You should have the Approval Notice with you. You may begin work for an employer while your application for a Social Security Number is pending. You should review all of this information after each H-1B approval. (same sate). 2) I dont have pay slips as I never joined company A. Sorry, They gave Master service agreement and PO copy between them and client. I live inside USA and I have valid status. i9 will be used for your job and visa verification by your employer. Can I try for H1B transfer from here in India itself? P.S. I have two queries in regard to stamping. It should come to you within 2 weeks. Your employers attorney should have given you these details. Thanks for your response. Need to go for stamping to activate my visa. 3. What should I do now ? Can I transfer my H1B without working with employer Y before October. I got my H1B COS from F1. Published research and other works that are in the public domain should be included in the resume. 1. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. Would my H1B visa expire at some point if I do not adjust my status? My employer specifically mentioned that they will revoke my petition on or before 30th September. Even when I work in consultant, is there any process that should be completed before I travel from India. There is no grace period. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. I need your suggestion regarding the travel. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. I am also in same situation. All the numbers I try online dont help. 4. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. I have got a questions when you received all the documents to get your visa stamped. 3) If I can and should then Whats the procedure ? Could you please tell me the process how you got the H1B.I am also looking for one. 1. Please suggest. Will he be able to go and attend the stamping? My H1B Status still in Received status, what should be the deadline time to change the statues? Is there any info for attending visa interview in India? 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/. For information and tips on filling outForm DS-160, please see this website. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Im yet to get the mail . After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. But now I got an offer from company B. I want to join company B instead of A. It is our pleasure to assist you in this matter. If my husband visa gets approved by nov15, do I need to wait for the documents? Im not sure. I have got my h1 approved october 20th. From USCIS website my status is confirmed as Approved. Checking Your Status Expiration: H-1B Workers and their H-4 Dependents This is not the suspension of H1B Visa program. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. If H1 done vs CP, then you will stop working when you enter the US on H4. interesting how to apply for dutch passport ? I94 is generally used for your entry and exit in US. but what will happen at the time of stamping.? My employer has filed for H1B amendment for new location. Is it possible to transfer my H1B without any issues? Hi, Another option is to renew my passport and submit application that way. Congrats on your H1 approval. News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. H1B Transfer & Change of Employer - Full Guide (2023) @Fanny We don't provide legal help. 1) How Can I know that my Petition was approved using PP or normal processing Thanks -Padraig. You get the original in 2-3 working days. I am on F1-OPT, and my H1 gets valid from Oct. 1. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? They are going to apply for h4. Is there a way to salvage my petition ? You dont need stamping. Do I need to get a date from consulate to get H1B Stamping in India? 2. My current project is ending on Dec 28th 2018. OPT To H1B In 4 Easy Steps - VisaPro Questions about affecting your status should be posted to an Attorney . 1) You need to enter petition no in ur wifes DS160 . I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. What will the case status online if COS is denied and H1b is approved ? You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. Same company, same role. Please suggest. 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. Applying H1: Apr1st 2016, Which one is the better option? You can do the math from there. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. I received my H1B approval notice yesterday. Can I travel outside the US after H1B approval (change of status) but before Oct, . What is the maximum duration I can wait before going for stamping. OR My current employer Dell India wants to me to work for them in Austin. 1. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. In Mar 2019, my employer had filed an amendment for change of location. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Any help would be appreciated in clarifying the following questions. (Regular processing). HI, You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Always consult an immigration attorney to get your questions clarified. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. He just received a mail from university that his sevis is terminated and out of status now. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. I have my visa stamped this September and I want to travel in the month of March. Will it pose a problem while getting the visa stamped? 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. 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. Due to some reasons their department HOD is not going to sign the OPT form. I am currently on L1B visa in USA. Thats the conversation you should have with your employer and attorney. Since then i am in india, and did not attend US consulate for stamping. I want to schedule my spouse H4 visa interview on Dec 2nd week. I want to share my question to you hope I will get the answer. 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. 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. Thank you in advance. I got a situation Herr, I got my approval notice for H1B 2016. Current Status H1B Approved So its always best to check with a consulate first before booking for visa interview date. Hi, A copy of you VAC-stamped DS-160 confirmation page. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. But employer says that he has not yet received the 797. But, exactly how much is that?. Also, I am planning to apply for h1b for next year. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. 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. 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. 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. 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. My husband employer filled for my extension. You cannot choose which status you want to be maintaining. 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. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. Currently I am getting interview date of March 5th. 1. Nevertheless we would like to stay and work in the US. You should consult an attorney about a status-related question. The DOB is in the new I-94 which is at the bottom of the I-797 document. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. 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. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. The 2004 Hernandez letter remains helpful and relevant even after many years. 1. Still my application is not approved. Thanks, Now I have a valid petition and stamped Visa both valid till Jan-2023. Travel Information for H-1B Visa Holders | ISSS Now I have a tricky time my current client offering full time. I would need to H1B, F1 respectively. I am on F1 status , and its valid till feb 2018 . But i couldnt see my employer sending me for visa interview. But company x filed my petition when I was in place A and two months it moved me back to place B. My H1 stamping was expired and my currrent petion is valid up to Jan16. Nationality Thanks!! Then comes H1B Visa approval after a long wait. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. MY H1B employer is OK to work with Dell in Austin. Next Steps After H1B Visa Approval - Change of Status or Stamping You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. Please advise. So i wanted to schedule the H1B interview by the second week of Oct-09. Please let me know what should be done to correct my DOB??? Also after receiving my I797 notice, can I go and apply for SSN? 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. In this scenario do I need to go to home country for H1B visa stamping? Hi Raghu, and stamping. 1. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). My employer applied my H1B on 4-4-2010. it is still in pending.my question is. 2. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. Some changes may require an amended H-1B petition. 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. You will eventually need H1 stamped right? Hi Raghu, Not sure, why they have to say H1 cant be extended. Theres no way to update a DS-160 once submitted. The student's OPT is valid until November 30th. My new employer has filed the H1b transfer in October 05 2015. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. That office now has jurisdiction over your case. Please let me know, Hi If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? what exactly this security check and how many days it will take. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? My passport was stolen on 05/28/2017 in Los Angeles. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. I am getting my H1-B start date as 1st Dec 2010. Visa processing times and questions can be stressful at times, thank you for replying to the queries. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. You have to talk to a few attorneys to find different solutions and then pick one.
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