At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? What is Premium Processing? Is there a way to track the status? It counts based on effective date or expiry date? I am working for company A on L1B. Ask it via Ask an Attorney ( through this blog ) https://askanattorney.happyschools.com/. 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. In 2018 November I had to leave US and (the organization where I was working) because of a family If your employer is not giving the letter, then you have to go with what they have given. I will appreciate any legal and serious advise on this matter. Let's look at how it works and why USCIS will abandon your COS application. 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. 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. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. When your legal stay/status in USA could be affected, always seek legal help. 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. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . I got my H1B approved in 2013 and stamped in 2015. You will fill DS-160 as if you are going to attend an interview with Company A. Post the question to Attorney Murali via Ask an Attorney. I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. 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. Is this possible? Please advise so that i can plan accordingly. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. H1B Approval notice sent to employer. First, you must be present in the U.S. at the time your employer files your extension petition. My employer saying till january I may have to wait. But : Is the embassy open and is the next step to fill DS160? I am currently in India, I got my H1B Picked and yet to be approved. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. Some people are waiting in India without having an opportunity to travel with H1 approval. 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? But I have left from the company which applied my H1B. Should I Marry an American Citizen to Stay in USA? Please hel me if some one knows the rule of H1B Visa. Why are you giving incorrect info? Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. My H-1B got approved recently as my employer applied it through Bachelor's degree. The H1B visa transfer process is as follows: 1. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. H-1B Specialty occupation Extension of stay in the U.S. Hi, please do let me know. Now my question is can I change my employer in May/June immediately after getting approval ? hi Raghu I just wanted to know the risks in traveling to India now. Lets say if my application picked up in lottery and Ill get result in May/June. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Now things here are going good so thinking to change to new client and new location again. Refer to US Consulate website and Required Documents list in this blog. F (413) 584-5411 Thanks, Could you please tell me how much time it will take to receive the Approved petition. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. 2. If you are interested in reaching out to us, please click here: P (413) 584-3232 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. I agree with your attorney. OR You have to be worried only if are doing anything wrong. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? Documents related to your H-1B petition. Is it ok, if I stamp my visa first and then my wife and kid go later on. 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. 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. I got my petition approved till September 2017. Ganesh Thanks for highlighting it out. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. 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. 1. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. I got my first H1B approve in Sep 2011 for 1year. Can I have my first H1B visa stamped in Canada? Based on that the following are the cases that I landed up). Hi, Current Location India My case status is as follows: 1. So how long does it take to have visa interview (in genaral). Now can go for stamping or not. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. Can i travel India during the H1B processing time.? Sumit, if you want faster processing, then convert to Premium. Refer to comments policy. 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. 1. And now his petition is getting expired in july 2011. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. 7. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. 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. If not what should I do ? On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. Please share if you get any answer so to your question. It would be of great help if you can answer me the above questions. Your employer will provide you the I9 form to fill for them and it's only after your joining! Your attorney can ask for replacement copy of Approval Notice. In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. Is there a way I can reenter the States using my current F1 visa? Do you see an issue with this? 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. Heres a list of documents required for H1B Stamping. Could it harm my visa to do so? Why are you hesitant to renew your passport? Is that realistic or did we mix things up? You should consult an attorney to see what options you have. Yes, you can use the 1 year validity passport to go for visa. My visa stamping is done on May 2012 in Hyderabad . I ll be grateful if you can guide me for this. My employer has filed for H1B amendment for new location. kindly help me please. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. or Am i eligible for CAP-GAP automatically? Ive tried the CDN immigration website. can I travel and come back without any problem? Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. L1 to H1 with CP. Suppose assume that im transferring in next month December. In the question posed, the petition and the change of status had been approved before the person departed the U.S. Or do I need to work with employer Y at least few months? Theres no way to update a DS-160 once submitted. My wife is expecting and she will not able to travel anytime soon for the stamping. The original I-797 approval notice. Can I go for H1b visa stamping this year with the petition approved documents? 2. What are the options available for me to go for stamping for change of visa status? No. The new employer transferred his H1 again and it is in premium processing currently. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? 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. Am I considered out of status ? 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. We got new client new location so filed amendment. Will the company C file new H1B (on what basis) . Any help is appreciated. same office location but the new address of residence is in different county. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. 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 ?? Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? In the past, this was an option, but currently, only visa renewals can be done in Mexico. 1. Yes If you could pls help answer my below question : 1. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Ive 4 years work exp. But, if you get denied, Im the one to blame. Not its not valid. or reasonably safe to do so ? 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. file MTR or appeal. should I get back to the US before the 7th of July ? My extension of H1B i129 was approved last week and I am living within US now. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. Employment duration with present employer 6 months. I have my visa stamped this September and I want to travel in the month of March. 1. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? Hello Everyone, Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Thanks. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. Can I go for stamping here in US consulate rather than going for stamping in India? http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. 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 current H1B visa expiring in 31 Dec 2016. Can I get stamping before October 1 and enter the U.S. on H-1B? My attorney recommended that I should not travel to India until next summer. You may begin work for an employer while your application for a Social Security Number is pending. Currently on a Project Will the company C transfer H1B (I dont have pettion copy or approval notice with me) The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. But the location where i want to go for work is different state than the petition filed for a different state. Nationality 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? Some changes may require an amended H-1B petition. Can i approach a different employer with same petition number to proceed with my H1B stamping. Please advise. It takes few days for the Database to sync between I-94 and DMV. My i129 petition has been approved without change of status from h4 to h1b. 2. 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? The student's OPT is valid until November 30th. Got message: Consult and attorney. I filed the petition under masters quota and with COS . 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? Go for stamping and did you ask your employers attorney? You need to ask an Attorney. What are all the details/documents required for scheduling the interview? You have to get the documents first. Please suggest. My employer hold me till todate. There are some exceptions to this rule. Please follow any instructions provided by the counslar at the time of your interview. But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. 3. Hire Us. His wife came on h4, now got h1b through lottery. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. 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. Most visa applicants must appear at a consulate for personal interviews. You cannotify USCIS of any change of address online. 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. Hi Raghu, Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? Nationality- Indian Your H-1B photograph. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. I have both passports with me. Such guidance does not carry the binding force of law or regulation. 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. So questions to you are: 1. In the meantime, my spouse got a Full Time offer with Company B. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. So they requested a data fix to SEVP to fix my SEVIS record. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Please can you share pros and cons for both the options or are they correct options to chose. If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. 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. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. I am Ram. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. That office now has jurisdiction over your case. My H1B has been approved and I am currently in USA. 3. Hey RFE and travel puts you in tough spot. I have checked my status online and it says , we denied your i129 and mailed you the decision . How long can it be allowed/valid to be stamped? I have submitted my final evaluation of OPT to my school and they told that my sevis status was not auto complete/update to H1B. My question is, where do I go to receive this stamp I read about ? I wasnt planning to go to India for H-1 stamping this year. Then comes H1B Visa approval after a long wait. So, seek legal counsel in this case. Will my current H1-B application get rejected because i dont have these details? ?Could you please advice me on the same? If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. I am in India. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. International travel by foreign national trainees and employees must be planned carefully. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. But, it is maybe good to get it clarified with an attorney. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Otherwise, the issuance of your visa may be delayed. We recommend obtaining a new passport with given and surnames if possible. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. I am afraid of expiry date, what will be best solution for it . Copyright 2005 2022, MURTHY LAW FIRM. 2. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. My questions are: I have applied for premium H1 extendion this week. My H1B got approved from dec 31 2015. My organization inititated HNSC request premium as My current visa will expire by 31Jan . My friend has a situation where any of your suggestion would do a great help. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. Its would take less than 30 minutes to get a new DS160. My employer resubmitted documents and USCIS received it within the RFE response date. If you continue working, you run the . Can some one help me to find what is the ideal solution? But I too am in a same boat, Hey Raghu. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. My parents are coming to US for a visit. Please also be sure to email us a copy of the I-94 printout for your file. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. Hello Raghu, 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. and my last day in the organization was 11/16/2018. Please advise. I might have to go to India in December. or can I go to any country to get H1-B stamping ? I think it will be extension of status and its gonna take 7 months in regular processing in VSC. I was trying to go for masters at the same time so I took both chances parallel . My Petition got selected for h1b by lottery. However I have a bit tricky situation. This is because the last action regarding the foreign nationals status governs. I have a planned trip to India on 27th October 2016 for around a month. A: Status changes are handled by USCIS. if yes then how. I am currently living in USA and working as a full-time employee with the same employer for 2years. I have an active L2 EAD and I am working at the moment. Or, are there still any possibilities to be rejected? Your question boils down to one sentence DO you need Transit Visa for France? It will say Post-Decision Activity. 3. If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. My friends are telling like she should give some 221G atleast if she needs to hold approval. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments A copy of your visa stamping appointment letter. So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. Education US or non US ( there are certain quota for US Masters Degree or PHD students). Should I go to my home country for H1-B visa stamping or it is too risky for me? I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. My H1B got approved this year but unfortunately my employer let me go. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. 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? My L1 is expired for company A with valid I-94. 3. I am go to apply for H1 B extension. In this scenario do I need to go to home country for H1B visa stamping? Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. ( There is a requirement of paystubs please check with some expert on how many ), 4. Even when I work in consultant, is there any process that should be completed before I travel from India. Without any paystamps with employer Y. See the questions in there. You can continue on your current visa till your H1B is stamped. P.S: also my husband will join me in the US. Show them your I-94. Total stay in US- Never been to US Yes. 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. You can apply for your visa stamp in a Third Country such as Canada, or you can apply in your home country the next time you go home. I got my stamping done in Jan 2019. But i couldnt see my employer sending me for visa interview. Also after receiving my I797 notice, can I go and apply for SSN? Questions affecting your status should be answered by an attorney. If yes, what will be the visa validity he can expect? Can you please help me with this? I have an H4 visa and live in USA. Is it mandate to get the stamping done and travel to US during the validity period. My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. Thanks in advance! i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. I d like to know How long is the approved petition valid for and when last can travel to US ? A DHS memorandum dated May 16, 2000 states that an alien in . My H1B visa has been approved and I am waiting for my Stamping. 8. 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. People are still waiting for H1B results filed in April 2015. I am in US on F1 visa now. Thanks. Approved H-1B Visa Petition with Change of Status. Hello Hello, Yes you can but you need the approval notice. Refer to application form I-129. My case falls under h4>h1. Thank you. Your emoloyers attorney should answer this question. Also, I am planning to apply for h1b for next year. Some people may have H4 visa or others may have F1 to come back to USA. Now My employer requested me to come to USA. I am currently in US on L1 visa and checking options to moving to h1b visa. 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. Meanwhile he was unable to attend residency and makeup session class in his last semester. My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. Your article mentions that we can reenter the US only after October 1st. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. Your H-1B status is valid until the end validity date of your most recently issued I-94. Why are you asking questions impacting your status on forums? Second How tough to get H4 Visa? 1. So, I think you cant go back. Please follow any instructions on the notice. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4. I cant help you here. Be practical. Would i have to explain why there is a gap between my approval and commencement of work? Can you please tell me what is the percentages of cases still approval pending with USCIS. 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. Now my doubt is will my h4 will be questioned if I go to India. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt.