My cousin has been thinking about getting his h1b visa in order to get the career that he wants. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. I am currently in same situation. It is possible to go for stamping from other MNC/consultancy with this details? Hi Raghu, All the numbers I try online dont help. 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. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Your employer will file H4 visa along with your H1B application. Prior to this my OPT ended on 09/26/2016. Please advise so that i can plan accordingly. If yes, what will be the visa validity he can expect? If you told for me to went there and got the stamp when would you suggest? Can I have my first H1B visa stamped in Canada? Is there a problem if I travel to India in November? In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. 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.. In 2004, the U.S. or reasonably safe to do so ? Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? You have to understand the concept of H1B Visa and Change of Status. Location change is from my employers location A to location B. Do I need to leave the country ? The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. Can I travel to India in March ? If X is L1, you cannot and should not work on L1 beyond the H-1B start date. My H1B got approved from dec 31 2015. Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. 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. 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. Any people in my situation and got information regarding this,help please. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. My fiance and I both work for the same company in the US. 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. Thanks. Visa stamping has been expired now. How far is this info correct? 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. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. My H1 is approved for the FY2017. Hi, 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?? within 2 weeks. my time period exceeds means from india i can Apply my H1B or not. How do I make this appointment, and with whom? My new employer has filed the H1b transfer in October 05 2015. list of documents required for H1B Stamping. There are some exceptions to this rule. I am in US with H4 dependent visa in which I wasnt authorized to work. How to Apply for H1B from H4 Visa Status. 3. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. will be it be better to go for visa stamping before or after october 1st 2009? You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. 2. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. The approval notice shows same i94 number as h4 when she entered the US. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. I started working since 6 months in pretty big company. Hey RFE and travel puts you in tough spot. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). If would get the degree. 2.What are the options to get a valid I-94, without going back to my home country for stamping? 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. 15 calendar days to get the decision. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Hi, Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). https://askanattorney.happyschools.com/, Hi , Should I have to appear again for visa count ? Were you able to find out whether we can apply for COS or how did you go forward? See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Please respond. After approval of my petition, how long can i wait for change of status or getting stamped ? Talk to your Employers attorney. My H1B status is approved . 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. I was trying to go for masters at the same time so I took both chances parallel . All Rights Reserved. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. I have a question. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. USCIS publishes these figures on a weekly basis. Thanks. Total stay in US You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Talk to an immigration attorney with new rule about location change. 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. 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 H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 3. Im not sure where you can attend the visa interview from. I am currently on OPT with H1 Approved status starting from Oct 1, 2016. H1B will have a start date, so you can enter upto 10 days before the start date. So, seek legal counsel in this case. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. I'm currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home? My H1 is approved with COS. 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. How soon I can change my employer ? (Shilpi says: December 3, 2011 at 1:42 AM). Could you please tell me the process how you got the H1B.I am also looking for one. Talk to an attorney and figure out the plans and status. I know that Oct. 1st my status will change from F1 to H1B. My H1 got approved in August. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Your Second How tough to get H4 Visa? will it be valid to apply in 2019? 2. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? In this she cannot travel and neither u can extend her i-94 based on ur new petition. I was on F1 and recently changed from F1 to HIB. I got my petition approved till September 2017. Activation of my h1b is October 1st 2016. Looks like your COS was abandoned. Please let me know what would be scenario. My H1B visa is showing approved now. After coming to US i changed my status to F1 in June 2011. After your H1B Visa is approved, you have to follow the path back from USCIS. 2. 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)? 1. If yes, I need to get updated project/client related documents from the employer who filled. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. However, the USCIS has generally applied the analysis contained in the letter since 2004. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. My petitioner has sent me WO agreement between petitioner and client for whom I will work. I have plan to visit india march . Can this be done ? Thanks!! 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. I think 6 years will start when H1B status is activated. So they requested a data fix to SEVP to fix my SEVIS record. 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? I came to US in 2006 for my Master's. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. My H-1B got approved recently as my employer applied it through Bachelor's degree. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . 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 live outside of the US, and only 10 days to find apt and get ready to work?? I got married after 10 days of my H1 stamping. We recommend obtaining a new passport with given and surnames if possible. I have received i797c notice of approval. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. But which document i needed to get stamp by next employer. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) So did you apply for STEM extension? 5. Visa Validity 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. Once you are in US ask the new employer to file for COS with I94, 2. Close All Open All Cap-Gap Extensions Eligibility for an Extension I want to transfer to new employer once i got my 797. But now I got an offer from company B. I want to join company B instead of A. Hi Raghu, Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). I have my visa stamped this September and I want to travel in the month of March. 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. 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. Its very helpful. Since then I have acquired alot of helpful information that has helped me tremendously. 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? If so, how long does it take to receive the hard copy of approval after the decision is made? Also, I am planning to apply for h1b for next year. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. My Visa interview is happen on June18th and counselor has taken my passport. did your employer provided you a copy of h1b petition application to you? You can also post it via As an Attorney here. I am on F1-OPT, and my H1 gets valid from Oct. 1. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. My spouse current status is H4 EAD. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? I live inside USA and I have valid status. 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. 7. You have 3 options. I am on F1 Opt working for a company. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. Unfortunately, there is no empty pages left on my passport. They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. In this scenario do I need to go to home country for H1B visa stamping? is there any way i can contact USCIS and get to know more about this ? 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. You need to ask an Attorney. please help. If your visa application is approved it will be processed and mailed/available within 2 business days. My situation is similar to yours. Ive 4 years work exp. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. Please help me guys, I am totally confused on this. 2. 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. towards the end of 6th year. I was planning to come back to US on L1 and then switch to H1B after coming back. The USCIS responded that the travel does not change the equation. If yes how.? So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. 1. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. So can we file one more amendment without any issue when the previous petition is still in progress? 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. Hello, One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. My H1B has been approved and i am staying in india. H-1B and O-1 Travel. Thanks for the detailed reply. Hello Everyone, I am afraid of expiry date, what will be best solution for it . Later in 2010 I come to US on L1B visa. I need to go outside US for visa stamping in order to start working and return back with COS. I entered US 14 days prior to the start date mentioned on my i797. i read from various web sites saying generally people go to either MEXICO or CANADA. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. Your visa stamp will reflect the I-797 validity. Is that ok to start working in regard with my status? If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. 2. I have been with this employer before my change of status. International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. Does this mean they sent the reciept that they received our request? I got my initial H1B Approved From OCT 2019 to Jan 2020. This is not the suspension of H1B Visa program. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. 1. Sorry. But due to some issues I am not traveling and will be travelling in 2021. 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. If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice.
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