Hi 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. I did not have petition copy with only i have WAC no. How long does it take to recived the hard copys to my petitioner? Travelling to US for the first time. I am awaiting for documents from my employer. Hi Rk, we are in same situation, can u please let me know what you have done. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). I m doing Msc biotechnology. Do I need to go back to india for stamping or can I continue with h1b? You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. I am a Canadian who has been working in the US with TN visas in the past. What should I do now ? I have a question, please guide if you can. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. 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. 2. 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. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? 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. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. 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). Only French Consulate can answer this question. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. My case status is as follows: 1. I live inside USA and I have valid status. Later in 2010 I come to US on L1B visa. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? Currently I am in my post completion OPT. Not its not valid. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. Does anyone know how long an amendment takes? If yes how.? My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. Is it possible to transfer it to my new employer. H-1B Specialty occupation Extension of stay in the U.S. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. What is the grace period to file the COS now? My change of status wasn't approved, so I will have to leave and get my visa. What is the maximum duration I can wait before going for stamping. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. You will eventually need H1 stamped right? Thanks for the great information. Can I put resignation and wait to join other employer ? How long can it be allowed/valid to be stamped? 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. 3. Am I correct? 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. I94 validity and with what Visa Type Not sure about I94, visa type is H1B So, I think you cant go back. Thank you for the answers, Rao and Raghuram! I want to share my question to you hope I will get the answer. 2.What are the options to get a valid I-94, without going back to my home country for stamping? I have only LCA ETA form 9035 & 9035E. 1. Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? Thanks. my status showing as below. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status I have a family emergency and that made me go from 19th of september to 24th of september. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Try again few days. Will the H1B come in effect from 10/01/2017 ? They are the right person to help you. I have received i797c notice of approval. If it was a coincidence then my petition was approved using normal processing and I should get my money back. What happens to my H1 b status? Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? I have travel plans and booked VISA Interview on December 16th. document posted to employer and I am a resident of UAE and Indian Citizen, Should I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. 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. Hi, If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. But during H1-B stamping what should i defend, if questioned about this? All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 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. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. My employer says it could take upto 4 weeks. Company B is filing H1b for me. I have my visa stamped this September and I want to travel in the month of March. Can you please tell me what shud I do to correct that ?? thanks for this updated information. 2. I am go to apply for H1 B extension. H-1B and O-1 Travel. However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 card will expire on the date your passport expires. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. 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 got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Let's look at how it works and why USCIS will abandon your COS application. There is an option to have your first H1B visa stamped in Canada. 3. This year if I want to go for a job or higher studies in US. 1. Please let me know what should be done to correct my DOB??? please let me know how many days before the expiry date i have to reach US. Based on these facts, the change of . I have the same doubt. Current Location India That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. I got my petition approved till September 2017. Else, it can take months and theres not time limit. Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. Refer to comments policy. If COS is approved, your L1 is gone! You can confirm the same question via Ask an attorney. You can continue on your current visa till your H1B is stamped. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. If you told for me to went there and got the stamp when would you suggest? can i re-enter USA on my F1 visa without any issues in port of entry?. E2 EAD maybe better then H4 EAD. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. Travel, whether for personal or professional reasons, can be an exciting . My H1 b petition is approved 2008 June , I didnt went for stamping . On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Could you tell me what happened to you case? I have my H1B visa approved. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. I will NOT be travelling out of the country. I am getting my H1-B start date as 1st Dec 2010. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. 1. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. I am in USA on H4 visa. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. I have valid H1b petition until 2014. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. You need an H1B stamp to enter as H1B status. Now company forgot about my master's degree. From April 1 your status will be H1. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. But before interview i will get my new H1B extension petition. But I couldnt get any job because of corono . Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). (Shilpi says: December 3, 2011 at 1:42 AM). U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. I've received all H1B related documents from my employer. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. 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. I have applied for SSN in near by office. Visa Validity Same steps as applying for new Visa. I would like to know what would be my options if Id like to extend my petition. In USCIS site, my case status was changed to approved on July 16, 2015. Should I go to my home country for H1-B visa stamping or it is too risky for me? Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. You should consult an attorney about a status-related question. what wil happen to my H1b? My H1 is starting from Jan 01, 2011. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. Ive tried the CDN immigration website. an assumption, I have authorized CPT and went to India on vacation. within 2 weeks. I have been postponing travel abroad because it is not suggested while approval is in process. did your employer provided you a copy of h1b petition application to you? Please help addressing tis issue. Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? My H1B has been approved and i am staying in india. Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Only your employer can help you with this case. kindly help me please. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. I am bit worried on this status, can you please help me to understand this status. Be practical. USCIS publishes these figures on a weekly basis. You can transfer your H1 to new employer and they have to send the required documents. 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. I want some time ( may be 1 week atleast ) to resign from present employer. https://askanattorney.happyschools.com/, Hi , 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. Hi, HI, 3. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Hi Raghu, Is their a validity associated with it. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. I can return back to work to the same employer or different employer after few months. I want to transfer to new employer once i got my 797. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. My question: Is there any problem in entering to USA as I am going after one year of approval? 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. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). After you change to Company B, you will submit New DS-160 with company B details. Based on that the following are the cases that I landed up). Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. My current project is ending on Dec 28th 2018. 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. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. MY H1B employer is OK to work with Dell in Austin. You will need to talk to an Immigration Attorney for your situation. Also after receiving my I797 notice, can I go and apply for SSN? Do I have to apply for OPT extension? My questions are H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. Our company doesnt support E-2 Visas anymore. I have a valid F1 visa till 2021. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. 6. Please let me know what would be scenario. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. 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. Please also be sure to email us a copy of the I-94 printout for your file. 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). The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. H1B Visa petition can be approved with Change or Status or Without Change of Status. ** Note that the name on your passport must match the name on your I-797 approval notice. 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. Check with your attorney or https://askanattorney.happyschools.com/. Same company, same role. My friends are telling like she should give some 221G atleast if she needs to hold approval. 2. Please share some information wrt this. Please share on who did you handle that circumstance? So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. My Petition got selected for h1b by lottery. I d like to know How long is the approved petition valid for and when last can travel to US ? Also, please suggest if people are getting their H1B approved? will be it be better to go for visa stamping before or after october 1st 2009? Iffurther information is needed you will be contacted. Theres no way to update a DS-160 once submitted. I would appreciate any advice on our case. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) My passport is changed after I applied my H1B lottery due to spouse name addition. 5. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Am I considered out of status ? Hi Raghu, After 30 days, it will have to be done through an extension with USCIS. I have received the approval notice which is valid till June 2020. We got new client new location so filed amendment. Congrats on your H1 approval. Where are you getting information that you need 3 months pay stubs? or can I go to any country to get H1-B stamping ? I live outside of the US, and only 10 days to find apt and get ready to work?? THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Can it be fixed before that date ? I feel really frustrated by all this bureaucracy. please help. Thanks. People are still waiting for H1B results filed in April 2015. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Work for Company A generate at least 2 pay stubs and then do the transfer? My employer is saying security check is going. after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 I would need to H1B, F1 respectively. dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me.