After 30 days, it will have to be done through an extension with USCIS. But they did not send me for stamping. Am I correct? 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. No you cant. 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. I have only LCA ETA form 9035 & 9035E. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. So can we file one more amendment without any issue when the previous petition is still in progress? During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. I recently quit the company i was working for. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. I would wait for the approval notice. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. 3. While your H1B change of status is pending, you are free to travel outside of the United States. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. 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. should I get back to the US before the 7th of July ? I travelled India when he was on H1 status and I do have visa stamping till March 2019. 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. I think your employer can extend H1B petition up to 6 months before. It is therefore difficult to predict how long the wait will be for each visa issuance. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. I have an active L2 EAD and I am working at the moment. Is it possible to transfer my H1B without any issues? 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. So questions to you are: 1. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. Hi Raghu, Start with your employer, employers attorney, if no you can ask via email. Please share on who did you handle that circumstance? If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? Hi , I was trying to go for masters at the same time so I took both chances parallel . You are right. But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. P.S. Could you please tell me how many days it will take for replacement copy of Approval notice. Let me know if you have seen this before. 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 ?? Your H-1B photograph. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Sorry, They gave Master service agreement and PO copy between them and client. with the application itself. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). Did your h1b approve for stamping? I've received all H1B related documents from my employer. or we are good to travel with updated LCA. 2.What are the options to get a valid I-94, without going back to my home country for stamping? thanks 1. 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. 2. Please Help. You can do the math from there. I received my H1B approval notice yesterday. How long can it be allowed/valid to be stamped? Let me highlight the following: Only Premium Processing for H1B Visa is suspended. Else, it can take months and theres not time limit. Mine got approved on 12 Nov, Still waiting for 797. 2. Will the company C file new H1B (on what basis) . I am currently working as a full time employee Programmer analyst in e-verified company. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. 5. And, Does 3 year duration starts from stamping date, or it is from Oct2019? Is that realistic or did we mix things up? But with some personal issue, I need to travel to India in the 2nd week of April 2019. 8. Yes. But I never travelled on this VISA. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. 1. Now my question is after approval how long i can wait to fetch my first job? How can i go to US now ? Hi Raghu, So how long does it take to have visa interview (in genaral). I have not gone for stamping yet. 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). My cousin has been thinking about getting his h1b visa in order to get the career that he wants. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? My employer saying till january I may have to wait. i have new employer and will file h1b cap counted next week. will be it be better to go for visa stamping before or after october 1st 2009? 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. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. They applied for my H1B visa and I just got all the documents from them. My organization inititated HNSC request premium as My current visa will expire by 31Jan . If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Id have a question. While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. MY H1B employer is OK to work with Dell in Austin. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? 4. But now I got an offer from company B. I want to join company B instead of A. How soon I can change my employer ? I am in a desparate situation. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? 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. Replied Rfe in November , still waiting for results. I have my new passport with me. Thanks in advance! Is it mandatory to get the H1B VISA Stamping after the H1B is approved. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? My OPT is valid until October 12th. Now things here are going good so thinking to change to new client and new location again. Should I Marry an American Citizen to Stay in USA? 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. Is there any company who can do H1 B visa can just reply me. 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? Till what period my attorney/employer would receive the i797 approval Mail notice. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? I wont have time to get my visa changed over to H1B during this trip. Is there a problem if I travel to India in November? If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Lets say if my application picked up in lottery and Ill get result in May/June. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. 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. Hi, I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. I have a question about changing of visa status. My question is how many days do I have before I join the work and use my H1B status ? Visit this page frequently to know the latest updates. I am a Canadian who has been working in the US with TN visas in the past. 4)Can the new company utilize my approved petition? 1. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. Now i am leaving current employer which files H1B & joining another employer. Hi 2. Will my current H1-B application get rejected because i dont have these details? I am on F1-OPT, and my H1 gets valid from Oct. 1. You should check if Transit Visa is required for Paris. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. I live outside of the US, and only 10 days to find apt and get ready to work?? If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. 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. How far is this info correct? Now my employer is telling me to go for stamping with client A documents. My opening is at location Y. I am planning to go to Stamping for location X and then file an amendment since I dont require to wait for the approval notice. 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. Your employers attorney should have given you these details. I am currently in US on L1 visa and checking options to moving to h1b visa. Right now, I am on Post completion OPT and it ends on Feb 2021. Approved H-1B Visa Petition with Change of Status. Why are you giving incorrect info? Even for my wife the DOB is wroing in the I-797. Any necessary supplementary documentation that may be necessary. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. I am on OPT right now till June 2011. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do 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. My attorney told you can get stamped anytime before your STEM OPT expires my question is. You don't have any gap. 1. The approval notice shows same i94 number as h4 when she entered the US. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Your email address will not be published. 1) How Can I know that my Petition was approved using PP or normal processing I got my H1B approved in 2013 and stamped in 2015. currently embassy is not operation for normal window due to COVID 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. Hi, H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. But, theres no status for mailing the notice. But i have not received hard copy of documents. Meanwhile he was unable to attend residency and makeup session class in his last semester. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. But the location where i want to go for work is different state than the petition filed for a different state. This is not the suspension of H1B Visa program. I entered US 14 days prior to the start date mentioned on my i797. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Its very helpful. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Most visa applicants must appear at a consulate for personal interviews. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. Anyone know what is the procedure what we need to follow once we receive acknowledgement? 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. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Can i apply for the H1 B visa NOW?? I am already in the US. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. 2) I dont have pay slips as I never joined company A. I have already used my OPT and OPT extension. did your employer provided you a copy of h1b petition application to you? How do I make this appointment, and with whom? (The LCA received is having the old address). I hope you will be able to help me. Any people in my situation and got information regarding this,help please. Is it ok to wait for more than 3 momths after my H1 approval? The original I-797 approval notice. In USCIS site, my case status was changed to approved on July 16, 2015. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. Hi, Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). all the same forms, and interview etc? Hi, I think you have to wait for the notice to reach your employer. to transfer you need the approval and EAC #. He just received a mail from university that his sevis is terminated and out of status now. 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. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. (or) Am I suppose to have October pay-stub i..e on H1 status. Or go with the existing Ds-160 and show them the approval notice when questioned. It is really helpful for the candidates like me! ?Could you please advice me on the same? What are all the details/documents required for scheduling the interview? On April,15 a Company A filled my H1 work visa. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. See the questions in there. Please advise. 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 just got a new Job Offer, is H1 transfer now a good idea? You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. Based on that the following are the cases that I landed up). HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. Should I go to my home country for H1-B visa stamping or it is too risky for me? 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. Will this be ok? What is the consequences of never stamping or late stamping ? I just want to know what all documents I have to collect from my employer. 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. Hi, 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. I know the alternative is to wait together to go as family. I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. Traveling While Awaiting an H-1B Extension. I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! Even if my H1B COS is approved either before they travel or while they are travelling in June/July? 3) If I can and should then Whats the procedure ? In 2004, the U.S. Your employer will provide you the I9 form to fill for them and it's only after your joining! My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. Pls reply I am in a similar situation. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? you have to provide EAC NO SOME IS VERY HELP FULL. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. My spouse current status is H4 EAD. Education No US Degree (Graduation and Post Graduation from Indian University) I had my H-1B petition approved from last year, but my employer is asking me to wait since the job situation is not good in the U.S. What should I do. Is there any consequences in the case? my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. You have 3 options. I got my H1B COS from F1. But, exactly how much is that?.
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