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I will answer them in a video. While your H1B change of status is pending, you are free to travel outside of the United States. I got a situation Herr, I got my approval notice for H1B 2016. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. The intervening admission to the U.S. does not override this later effective date. 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. Sorry. My H1B Status still in Received status, what should be the deadline time to change the statues? Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? I am already in the US. I think 6 years will start when H1B status is activated. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? I have not done anything regarding the h1b. pls help. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). My L1 is valid until Jul 2012 and H1B until Nov 2012. But the location where i want to go for work is different state than the petition filed for a different state. I received my H1B approval notice yesterday. When he asked to return the money they are not willing to do so Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. My applied for H1B through my current employer. Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. Based on that the following are the cases that I landed up). My employer applied my H1B on 4-4-2010. it is still in pending.my question is. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). 2. So its a negative in my case and ill be counted in cap? While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. 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. Your emoloyers attorney should answer this question. I got my stamping done in Jan 2019. No I9 and I94 are different. 2. I have already used my OPT and OPT extension. Please respond. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? 2> If I join a different employer after 6 months. What are all the details/documents required for scheduling the interview? 4)Can the new company utilize my approved petition? or reasonably safe to do so ? Please also follow any specific instructions on the consular website about additional documents to bring to the interview. You will fill DS-160 as if you are going to attend an interview with Company A. We are currently stating in US. 2) when can i go for the stamping?? is this usual? My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? document posted to employer and I am a resident of UAE and Indian Citizen, Should Some people may have H4 visa or others may have F1 to come back to USA. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. 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. In the past, this was an option, but currently, only visa renewals can be done in Mexico. So when my transferred petition approves i would be having only 4months from the visa expiry . Prior to this my OPT ended on 09/26/2016. My attoryney applied for an amendment on June 2nd. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. You will be fine. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). I am in India. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. My H1 stamping was expired and my currrent petion is valid up to Jan16. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. Please review this material carefully. So questions to you are: 1. I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. Thanks. My H-1B got approved recently as my employer applied it through Bachelor's degree. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. How do I make this appointment, and with whom? Copyright 2005 2022, MURTHY LAW FIRM. Updating the address in USCIS website is sufficient or anything else is required? Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Hey Please schedule a 15 minutes call. I was planning to come back to US on L1 and then switch to H1B after coming back. 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. I was trying to go for masters at the same time so I took both chances parallel . ( OR) You can start working on H1 as per the Start Date listed on the Approval notice. Do I need to go back to india for stamping or can I continue with h1b? 1. Now my employer is telling me to go for stamping with client A documents. https://www.happyschools.com/ask-an-attorney/. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Whether my H1B will be denied etc? How far is this info correct? Hello Everyone, I did not have petition copy with only i have WAC no. Stamping is not required unless you leave the country and enter again. 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! If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. 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. Thank you so much for setting up this website and blog. Please suggest. I got my H1B approved through Consular notification. 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? *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Should he apply separately for an H4 or should we do it together? I also got a 5 motnhs gap in my OPT period. Is there a problem if I travel to India in November? Please follow any instructions provided by the counslar at the time of your interview. Refer to US Consulate website and Required Documents list in this blog. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Now my question is can I change my employer in May/June immediately after getting approval ? Hi Raghu, I94 validity and with what Visa Type Not sure about I94, visa type is H1B Will there be any issue with that on stamping. http://www.happyschools.com/ask-an-attorney/. 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. 2. My fiance and I both work for the same company in the US. Got message: Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. My friend wanted to take the legal action he is having all the proof when the money transfers etc. Any other Visa (L1 or B1 etc ) NO other Visa I have received the approval notice which is valid till June 2020. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Is the H-1 Visa STAMP required to start the process for Green Card? Hi , please help. Now again i am filing H1B. In short Yes, but is hat H1 petition still not revoked? You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. You can do premium for faster approval. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Hi, Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Suppose if August 2021 this is not stamped then what is the further option? 3. My question is how many days do I have before I join the work and use my H1B status ? I have a family emergency and that made me go from 19th of september to 24th of september. (same sate). I believe there are some options, but all of them are not ideal. 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. Thanks. what exactly this security check and how many days it will take. can I travel and come back without any problem? Hi, Please be sure to do the same for your dependent(s). Will I have to go for stamping to stay in the country? IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. Consultant with whom i processed my H1 is no longer reachable. Now can go for stamping or not. Can I travel to India in March ? Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. 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. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. I have both passports with me. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. The student's OPT is valid until November 30th. But I never travelled on this VISA. My Employer file H1B visa under Premium processing. Be practical. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. Should I have to appear again for visa count ? My organization inititated HNSC request premium as My current visa will expire by 31Jan . H1b extension is taking about 5 months for regular processing. Could you please provide the procedure in this case. My H1B premium process petition denied last month, now what could be the next step? Actually I have my H1B ammendment filed for relocation and it is in progress. 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. The 2004 Hernandez letter remains helpful and relevant even after many years. within 2 weeks. My H1B visa is showing approved now. Which category does this come under. I am sorry if my above assumptions do not fulfil your case. This option is explained here for the benefit of MurthyDotCom readers. If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. 1. I feel this might be becoz of the COS as i was not there in US while applying the petition . My start date was March 5th. 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? How do keep it active? Pls reply If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. Hi HSB, But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. But before interview i will get my new H1B extension petition. 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. As you said, many of us are still awaiting the H1B approval. Hi Raghu My case is similar to Abhisheks case. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. From USCIS website my status is confirmed as Approved. What should I do now ? We sent you a notice that explains why we moved your case. I am currently working with a Client A on contract for a year. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. #2 Change of Status DENIED Do I need to get a date from consulate to get H1B Stamping in India? If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. 1. 3. what happens if i leave US before october and couldn come on time. My extension of H1B i129 was approved last week and I am living within US now. Could you please let me know all the possible options? 3) If I can and should then Whats the procedure ? I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do 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. Approved H-1B Visa Petition with Change of Status. My employer saying till january I may have to wait. Your article mentions that we can reenter the US only after October 1st. Kindly help to understand what are my options in such a case. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. It would be of great help if you can answer me the above questions. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). 1. Is it mandate to get the stamping done and travel to US during the validity period. I started working since 6 months in pretty big company. My Green Card process may start early next year. 3. I have the same doubt. I applied for H1-B in 2007 and it was approved. I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. If COS is approved, your L1 is gone! If you have the approval notice for H1B, then can apply for H4 now. How long does it take to recived the hard copys to my petitioner? This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. but what will happen at the time of stamping.? Questions affecting your status should be answered by an attorney. Are some people still awaiting their h1b visa approval? A copy of your visa stamping appointment letter. I got F1 Approval in June. My H1B status is approved . Im on F1 Visa Status currently working in USA on STEM OPT. 1. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. 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 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. Even when I work in consultant, is there any process that should be completed before I travel from India. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I am getting my H1-B start date as 1st Dec 2010. But due to unavoidable situation ,I need to travel to india. They applied for my H1B visa and I just got all the documents from them. 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? Company B is a consultancy company. It can take four to six weeks or longer for visa appointments. 1. Visa processing times and questions can be stressful at times, thank you for replying to the queries. You will eventually need H1 stamped right? It seems in either of the two cases I have to attend the visa interview in the home country.