In USCIS site, my case status was changed to approved on July 16, 2015. I feel really frustrated by all this bureaucracy. 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. Your H-1B photograph. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? Hi, 1. My attoryney applied for an amendment on June 2nd. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. If you move before you receive the notice, call customer service at 1-800-375-5283.. Can I travel outside US now ? https://premium.happyschools.com/course/consulting/, Hi Raghu, Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. pls suggest your valuable guidance. Most visa applicants must appear at a consulate for personal interviews. 1. I got my stamping done in Jan 2019. 7. 2> If I join a different employer after 6 months. I did not have petition copy with only i have WAC no. I have got my h1 approved october 20th. URGENT! I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. Now My question is. If my employer file for extension with the start date Jan 2nd 2019. 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. 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. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . My petitioner has sent me WO agreement between petitioner and client for whom I will work. ?Could you please advice me on the same? However, i have also pursued a masters degree in Environmental science with which i am working right now. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. If my husband visa gets approved by nov15, do I need to wait for the documents? I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . Why are you asking questions impacting your status on forums? will be it be better to go for visa stamping before or after october 1st 2009? Due to some reasons their department HOD is not going to sign the OPT form. Or, do I need to wait until I receive the hard copy of approval from USCIS? I dont know if the start date will be Oct 1 or day when they approve the petition (after Oct) and it doesnt really matter. Customs and Border Protection (CBP) has implemented an electronic I-94 system. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? DEC 2015 still waiting for final decision .. Or should I choose the drop box option after I get my initial H1 stamped. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. Hello Raghu, Sorry, They gave Master service agreement and PO copy between them and client. For some personal reason, I am quitting my job with present employer( who filed my h1b). Hi Raghu, You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. However, there are a few things you need to know before you travel. My first trip to Canada will be August 2011. I have been with this employer before my change of status. My friends are telling like she should give some 221G atleast if she needs to hold approval. Total stay in US International travel by foreign national trainees and employees must be planned carefully. So they requested a data fix to SEVP to fix my SEVIS record. I need to travel to India by this month end. are there any issues? I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. Should I go to my home country for H1-B visa stamping or it is too risky for me? 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. You should ask the same questions to an Immigration Attorney. because i can extend my visa when i am US only. 1) How Can I know that my Petition was approved using PP or normal processing Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. 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. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. 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. What is the maximum duration I can wait before going for stamping. 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. Copyright 2005 2022, MURTHY LAW FIRM. You can do the math from there. I am applying for H1B COS on 01-APR-2017. Many consulates use an online appointment system for visa applicants. This may help a consular office understand that your work does not have potential application for national security or terrorism. 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. Post the question to Attorney Murali via Ask an Attorney. 2) when can i go for the stamping?? The H1B visa transfer process is as follows: 1. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. I am in the middle of finishing my last semester of school. In this she cannot travel and neither u can extend her i-94 based on ur new petition. i will have to travel to india next month . I have a family emergency and that made me go from 19th of september to 24th of september. 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 Is there any company who can do H1 B visa can just reply me. Thanks !! 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. You need paycheck only if your started working on H1. Could you kindly please provide me some guidance on below question? Is that realistic or did we mix things up? Could it harm my visa to do so? 2. Visit this page frequently to know the latest updates. 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. My H1B(i797) Got approved on may 17th, 2016. Sumit, if you want faster processing, then convert to Premium. i got my first H1B approve in Oct 2009. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Your attorney can ask for replacement copy of Approval Notice. Nevertheless we would like to stay and work in the US. as supporting documents, if asked. Please let me know, Hi Your H-1B status is valid until the end validity date of your most recently issued I-94. 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). That will answer all your questions . I did my Masters from US. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Is it ok, if I stamp my visa first and then my wife and kid go later on. Can i travel India during the H1B processing time.? So in that case i need to attend visa interview again to make my travel. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. 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. I94 is generally used for your entry and exit in US. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. We recommend obtaining a new passport with given and surnames if possible. I was working on h1b visa in usa from 1-2 years for same client. You may have different questions with respect to this situation. 1) I had received RFE. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? We have applied for the extension and we have got the receipt. How soon I can change my employer ? But i have not received hard copy of documents. Now my employer wants to apply for change of location, so I want to understand that once my company applies for an amendment to change location and it is approved, do I need to go to my home country to get it stamped or it is not required until I go outside US? When should I go for stamping looking into the current corona situation. Is there any consequences in the case? Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. Is this a right thing to do ? Help The approval notice shows same i94 number as h4 when she entered the US. Nationality- Indian What are our options ? Kindly help to understand what are my options in such a case. to transfer you need the approval and EAC #. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. I came to india and got H1B stamp in my Passport valid until September 2012. or Am i eligible for CAP-GAP automatically? I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? 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. My employer has filed for H1B amendment for new location. Looks like you have figured out the best path and as you said, theres no ideal option. 2) I dont have pay slips as I never joined company A. Please advise so that i can plan accordingly. Hello, 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. When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. I am in india right now. What are the time lines for this modification?? While your H1B change of status is pending, you are free to travel outside of the United States. Please share if you get any answer so to your question. I want to share my question to you hope I will get the answer. Hi Raghu My case is similar to Abhisheks case. 2. Mine is a tricky situation. e.g. My DS 160 form status too in Administrative processing, can you please help me what should I do now? Please share some information wrt this. My visa stamping is done on May 2012 in Hyderabad . Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. P.S. I have a weird situation. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. 2023 Murthy Law Firm. I am in a similar situation. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). Now My employer requested me to come to USA. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. So i wanted to schedule the H1B interview by the second week of Oct-09. I ll be grateful if you can guide me for this. But, exactly how much is that?. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. Case details: Thank you. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. Thanks for your response. I am bit worried on this status, can you please help me to understand this status. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). Please follow any instructions provided by the counslar at the time of your interview. Can i still get my H1B stamped? My H1B status is approved . 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.. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Not sure, why they have to say H1 cant be extended. Now I have a valid petition and stamped Visa both valid till Jan-2023. If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. Some people may have H4 visa or others may have F1 to come back to USA. Please follow any instructions on the notice. OPT should be still valid I have a valid F1 visa till 2021. I moved to new the address now (Different State). 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. My wife is expecting and she will not able to travel anytime soon for the stamping. 2. My extension of H1B i129 was approved last week and I am living within US now. Unfortunately, there is no empty pages left on my passport. Now company forgot about my master's degree. It has already been 6 months since i received my approval. Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. My H1B premium process petition denied last month, now what could be the next step? A reciprocity fee may also be required. I have only LCA ETA form 9035 & 9035E. Could you please let me know all the possible options? can I travel and come back without any problem? You cancheck visa-waiting times here, and you cancheck consular procedures here. Are you able to transfer? I have the same concern being in the same situcation as Shilpi mentioned As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . There is an option to have your first H1B visa stamped in Canada. 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. my time period exceeds means from india i can Apply my H1B or not. I would need to H1B, F1 respectively. My H1 transfer is approved by employer B (new employer) and I received an approval notice. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Please be sure to do the same for your dependent(s). 1. You have 3 options. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. I just got a new Job Offer, is H1 transfer now a good idea? 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. Thanks. Check the Processing Time at USCIS page. Can I go for H1b visa stamping this year with the petition approved documents? Ive my client letter, pay stubs, W2 forms everything clean. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? is there any way i can contact USCIS and get to know more about this ? Travelling outside US when H1 B is under process is that a problem? For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. 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 ? Dhara Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. I am in US with H4 dependent visa in which I wasnt authorized to work. Please help. I have valid H1b petition until 2014. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. Hi, Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. But I too am in a same boat, Hey Raghu. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. 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. I have my visa stamped this September and I want to travel in the month of March. Hi, A travel letter template for your employer to complete before you travel can be foundhere. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments I am on totally confused stage. 2. Please suggest. 1. 1) I need to travel to India between April and July, will there be any issue? Traveling While Awaiting an H-1B Extension. Is there any special rule for this type of scenario? Questions affecting your status should be answered by an attorney. I have to go for stamping in Chennai. Will my current H1-B application get rejected because i dont have these details? Ive 4 years work exp. 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. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. 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. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. Any other Visa (L1 or B1 etc ) NO other Visa What is Premium Processing? We are planning to upgrade it to PREMIUM . So he could start working again at least until April 2020. It can take four to six weeks or longer for visa appointments. And Ill be working remotely. Can i apply for the H1 B visa NOW?? The original I-797 approval notice. 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. Current Location India If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? Your dependents will also be unable to be admitted in H-4 nonimmigrant status. 4. My husband employer filled for my extension. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Same company, same role. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. 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. 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. After 30 days, it will have to be done through an extension with USCIS. Show them your I-94. You should have the Approval Notice with you. Ask it via Ask an Attorney ( through this blog ) Thanks. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. Our company doesnt support E-2 Visas anymore. Suppose assume that im transferring in next month December. You have to be worried only if are doing anything wrong. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. 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". 3. My H1B Status still in Received status, what should be the deadline time to change the statues? My question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? Your question boils down to one sentence DO you need Transit Visa for France? I got married after 10 days of my H1 stamping. 1. You dont need stamping. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. How do keep it active? Ask your employers attorney 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. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. Question: What happens after your H1B Visa is approved? OR My H1B visa is showing approved now. I am getting my H1-B start date as 1st Dec 2010. Please help! Also, I am planning to apply for h1b for next year. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Its a direct client. in the US, Im in the same location and same client. towards the end of 6th year. Once you receive i797, within 40 days you should go for stamping? Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. I had filled H1B first time and was approved in Ocotber 2016. I got my H1B approved through Consular notification. I know that Oct. 1st my status will change from F1 to H1B. Education No US Degree (Graduation and Post Graduation from Indian University) 4. As you said, many of us are still awaiting the H1B approval. currently embassy is not operation for normal window due to COVID Now I can utilize the same Petition number to other Employer. I live inside USA and I have valid status. This year if I want to go for a job or higher studies in US. I am in India. My question is how many days do I have before I join the work and use my H1B status ? ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. Hi HSB, Raghu , They are going to apply for h4. H-1B Specialty occupation Extension of stay in the U.S. Why not get H1B stamping and enter US? Use the https://forums.happyschools.com/ for Q&A. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Employment duration with present employer 6 months. Now again i am filing H1B. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. So, you can start working immediately. It is really helpful for the candidates like me! We dont know what will happen to H4 EAd. Is there a problem if I travel to India in November? 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. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). Talk to your Employers attorney. can you tell me do i need to pay the complete fee or no. If travel is required, advance planning and early visa application are critical. 3. Hi, I had not scheduled my visa interview, and I didnt join that company. This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. Please advise. Now my employer is saying that they want me to start from Jan 1 2012. Now my ques is , I knw i can work on 1 h1b at a time. I have removed parts of your comments. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy This processing can take several weeks. When your legal stay/status in USA could be affected, always seek legal help. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. (Regular processing). if so, what should I do for a month? 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? 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. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. 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. So what shall we do ? My H1B visa has been approved with a change in status (F1 to H1B). I got my H1B approved for the year 2012. My H1 is starting from Jan 01, 2011. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. How can i go to US now ? E2 EAD maybe better then H4 EAD. This is reason I considered going Canada instead.