Hi Raghu, If my employer file for extension with the start date Jan 2nd 2019. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. My Employer from India, I have my client at Location X and Location Y. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. Both of our visas got expired as of sep30. 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. I have the same doubt. I dont know if you can start working if online status says approval. 1. Please suggest I am in huge confusion and tension. interesting how to apply for dutch passport ? I would need to H1B, F1 respectively. 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. 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! What all documents are required for the stamping? Please contact our office before making travel plans. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Show them your I-94. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. But I am considering the former option. It counts based on effective date or expiry date? i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? 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. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. Sumit, if you want faster processing, then convert to Premium. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? If yes what is the procedure? 1)i have opt extension up to 2018 july is still valid or not?? I need to travel to India by this month end. I am searching for consultancy firms who will file my H1B visa. pls suggest your valuable guidance. 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. my time period exceeds means from india i can Apply my H1B or not. an assumption, I have submitted the client letter, SOW etc. Looks like your COS was abandoned. 1. After approval of my petition, how long can i wait for change of status or getting stamped ? I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do 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. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Kindly reply. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. because i can extend my visa when i am US only. My H1B has been approved and I am currently in USA. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). I would wait for the approval notice. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. What should i do. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. So I think I lost my visa status. I cant help you here. My H1 got approved in August. 4. Thanks for the great information. Hi Rk, we are in same situation, can u please let me know what you have done. If it was a coincidence then my petition was approved using normal processing and I should get my money back. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? 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. Hi Raghu, Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Thanks for the detailed reply. 2.What are the options to get a valid I-94, without going back to my home country for stamping? Can I attend the interview by oct-09? He just received a mail from university that his sevis is terminated and out of status now. I94 is generally used for your entry and exit in US. How long does it take to recived the hard copys to my petitioner? My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? Hi HSB, Your question boils down to one sentence DO you need Transit Visa for France? I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. My employer resubmitted documents and USCIS received it within the RFE response date. Your employer will provide you the I9 form to fill for them and it's only after your joining! Employment duration with present employer 6 months. Talk to an attorney ASAP to know your options. Applying H1: Apr1st 2016, Which one is the better option? Its very helpful. Is client letter mandatory while attending H1B visa stamping. I got my stamping done in Jan 2019. My petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments If you have the approval notice for H1B, then can apply for H4 now. Then comes H1B Visa approval after a long wait. I am awaiting for documents from my employer. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Hello Everyone. My friend has a situation where any of your suggestion would do a great help. No you cant. Should amendment be filed before Oct 1?? I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. 2. Your My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. My H1 is approved for the FY2017. Now my question is after approval how long i can wait to fetch my first job? My next employer is ready to stamp. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? with the application itself. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? Looks like you have figured out the best path and as you said, theres no ideal option. will it be valid to apply in 2019? Can I get stamping before October 1 and enter the U.S. on H-1B? So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? Now, my current employer is asking me to leave the country as my petition was denied. All Rights Reserved. If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. P.S. It has already been 6 months since i received my approval. However, we cannot predict if you will face any issues unless we have more information about your specific case. http://www.happyschools.com/ask-an-attorney/. Can i apply for the H1 B visa NOW?? My employer files an H1B cap-subject petition for an F-1 student on April 1st. Please post your question in Q&A section. 3. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. If you move before you receive the notice, call customer service at 1-800-375-5283.. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Check the Processing Time, usually, H1B and H4 gets approved at the same time. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. Consult and attorney. But the office location is different and the new address of residence is different state. Question: What happens after your H1B Visa is approved? Hi, 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/*. Hi, I have my H1B visa approved. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. 1. Since i am going in Dec 06, 2010 to Dec 19,2010. Or my H1B has to be stamped in my passport to be eligible for employer change? Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. I have a question , My spouse current status is H4 EAD. Travel, whether for personal or professional reasons, can be an exciting . Is my petition still valid and can be considered for cap exemption.? Can this be done ? Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). Will it pose a problem while getting the visa stamped? So he could start working again at least until April 2020. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? My Lawyer already applied for the amendment, but we didn't get any confirmation from them. You may have different questions with respect to this situation. We have applied for the extension and we have got the receipt. Can I have my first H1B visa stamped in Canada? I know there is recession there in US, but in my case the reasons for not being able to land there are different. My case is approved for H1 B cap for year 2017. I am applying for H1B COS on 01-APR-2017. If COS is approved, your L1 is gone! you have to provide EAC NO SOME IS VERY HELP FULL. Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 Sharad. Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. Dont have an ETA. L1/L2 extension is also being applied by company. Questions about affecting your status should be posted to an Attorney . Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. 2. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. I am currently in US on L1 visa and checking options to moving to h1b visa. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. 1)Do you think my visa can get transferred to company B?? Can you please tell me what is the percentages of cases still approval pending with USCIS. Close All Open All Cap-Gap Extensions Eligibility for an Extension I am and just want some company in anxiety. 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. H-1B Specialty occupation Extension of stay in the U.S. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? or is that an approval notice? I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Got the recpiept on amendment but havent heard anything from USCIS. 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? Should I Marry an American Citizen to Stay in USA? I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. Let me know if you have seen this before. Your attorney can ask for replacement copy of Approval Notice. to transfer you need the approval and EAC #. I've received all H1B related documents from my employer. They would have to file COS from H4 to H1 ( and they can do in Premium). Why are you hesitant to renew your passport? I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? My friend wanted to take the legal action he is having all the proof when the money transfers etc. file MTR or appeal. Hi now I am on opt ead and my husband is on f2 status. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). 1)My H1-B was filed using I129 in November, 2011. in the US, Im in the same location and same client. Email info@cbkimmigration.com I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. 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. Why not get H1B stamping and enter US? For some personal reason, I am quitting my job with present employer( who filed my h1b). I have been postponing travel abroad because it is not suggested while approval is in process. What are the options available for me to go for stamping for change of visa status? Check the Processing Time at USCIS page. My start date mentioned in the petition was Nov 1. The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. The end date indicated on the I-94 is your status expiration date. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Do I have to await the approval notice before joining the work force? Thanks. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Ideally how much time it takes for the approval notice to reach at our end? 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. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. My H1B was on RFE. 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. My change of status wasn't approved, so I will have to leave and get my visa. The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. There is no grace period. Is there any info for attending visa interview in India? However, i have also pursued a masters degree in Environmental science with which i am working right now. 3. I am not sure how strict the immigration about it. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. (same sate). Start with your employer, employers attorney, if no you can ask via email. Hi Raghu, I have a question regarding H1B visa appointment. My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). You cancheck visa-waiting times here, and you cancheck consular procedures here. I have a weird situation. Can we come back on L1 visa. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. But, if you get denied, Im the one to blame. Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped I have only LCA ETA form 9035 & 9035E. Company B is filing H1b for me. Congrats on H1B approval. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. I got my visa Approved under Premium Procesing yesterday. Hire Us. What should I do now ? I want to schedule my spouse H4 visa interview on Dec 2nd week. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Thanks. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? I am in US and my status is F2. If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. I believe there are some options, but all of them are not ideal. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. Your H-1B status is valid until the end validity date of your most recently issued I-94. Due to some reasons their department HOD is not going to sign the OPT form. You cannot choose which status you want to be maintaining. However, the USCIS has generally applied the analysis contained in the letter since 2004.