Ask your attorney or submit this via Ask an attorney by Email. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. My friend wanted to take the legal action he is having all the proof when the money transfers etc. Can i still get my H1B stamped? Does this mean they sent the reciept that they received our request? My employer hold me till todate. Later in 2010 I come to US on L1B visa. Is there a way to track the status? 2. 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. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? E2 EAD maybe better then H4 EAD. The H1B petition is approved on July 1st. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Travel, whether for personal or professional reasons, can be an exciting . THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. I travelled India when he was on H1 status and I do have visa stamping till March 2019. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. I need to travel to India by this month end. 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. After H1B Visa Approval Notice Sent I was working on h1b visa in usa from 1-2 years for same client. I hope you will be able to help me. Post the question to Attorney Murali via Ask an Attorney. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. You get the original in 2-3 working days. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. L1 to H1 with CP. Which category does this come under. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? No I9 and I94 are different. Question: What happens after your H1B Visa is approved? Yes. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS If my husband visa gets approved by nov15, do I need to wait for the documents? My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. I want to schedule my spouse H4 visa interview on Dec 2nd week. Hi, I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? I feel this might be becoz of the COS as i was not there in US while applying the petition . So how long does it take to have visa interview (in genaral). my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. Hello raghu, thanks for sharing the information. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Myself Bhanu. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? You can do premium for faster approval. I have two options below. During this period, prospective petitioners and representatives can complete and submit . Can I have my first H1B visa stamped in Canada? #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. 2. 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. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. My friends are telling like she should give some 221G atleast if she needs to hold approval. towards the end of 6th year. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? Typical H1B visa start date would be October 1st if the application was submitted during the month of April. I am on h4 dependent on my husband h1b. Please advise so that i can plan accordingly. Once I check that my H1B is approved on the internet, can I start to work right away? 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. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Will it pose a problem while getting the visa stamped? I had filled H1B first time and was approved in Ocotber 2016. Can you tell me when can they apply for H4? Hi, What documents should i carry in both situations(processing time and after acceptance of H1B). I am currently in India, I got my H1B Picked and yet to be approved. Ive never done any studies here in US/Canada and Im from India. Thanks for this information. I think your employer can extend H1B petition up to 6 months before. My situation is similar to yours. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. On April,15 a Company A filled my H1 work visa. Should I cancel my H1B ? this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. What is the consequences of never stamping or late stamping ? 2) My H1B is filed by employer based in Seattle. I was trying to go for masters at the same time so I took both chances parallel . can i re-enter USA on my F1 visa without any issues in port of entry?. I am searching for consultancy firms who will file my H1B visa. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. 2. H1B from withon previous 6 years will not count under Cap. 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. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Can he transfer Visa or will apply new visa? 1)i have opt extension up to 2018 july is still valid or not?? Is there any other way to expedite the process or get information from USCIS. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. I got my first H1B approve in Sep 2011 for 1year. Should he apply separately for an H4 or should we do it together? Hi Raghu, I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. After your H1B Visa is approved, you have to follow the path back from USCIS. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. It can take four to six weeks or longer for visa appointments. I know that Oct. 1st my status will change from F1 to H1B. Hello, The DOB is in the new I-94 which is at the bottom of the I-797 document. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Did you transfer your H1B to your current client without working with Employer Y? The end date indicated on the I-94 is your status expiration date. 1. in the US, Im in the same location and same client. If i go what will be the problem to my H1B? I got married after 10 days of my H1 stamping. However getting visa appointments in India is also hard so you just pick your poison I guess. Would it give problem to me ? As you said, many of us are still awaiting the H1B approval. 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? I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . (The LCA received is having the old address). But i have not received hard copy of documents. would there be any problem returning US at the port of entry ? I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. Would i have to explain why there is a gap between my approval and commencement of work? Is there any risk involved in it? case created:15th June, Case updated:18th June. 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. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Let me know what does my status mean . Please hel me if some one knows the rule of H1B Visa. chessmojo 1 yr. ago. 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. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S The H1B petition is approved on October 27th. Travelling outside US when H1 B is under process is that a problem? Do I need to get a date from consulate to get H1B Stamping in India? Is my petition still valid and can be considered for cap exemption.? Thanks. e.g. Heres a list of documents required for H1B Stamping. You have 3 options. My employer resubmitted documents and USCIS received it within the RFE response date. Thats the conversation you should have with your employer and attorney. 2. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. Currently i am staying in Kuwait for some project work. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. Hi Now can i use my b1 to go to US and stay there with the H1b Approved petition ? Will this be ok? Quick question- I received the COS from L1B to H1B two days back. Now, I am wondering if I am unable to get the above position. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Is there a way I can reenter the States using my current F1 visa? A copy of your visa stamping appointment letter. Refer to application form I-129. you have to provide EAC NO SOME IS VERY HELP FULL. But company x filed my petition when I was in place A and two months it moved me back to place B. 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. This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. I am go to apply for H1 B extension. Your Attorney should give the list of documents. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? I got my stamping done in Jan 2019. 1. Thanks, Still my application is not approved. If you are interested in reaching out to us, please click here: P (413) 584-3232 Any help is appreciated. I will NOT be travelling out of the country. Your employers attorney should have given you these details. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Is that petition is valid now ? No. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? 3)if i go late for the stamping is it a problem?? 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. 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). So its a negative in my case and ill be counted in cap? Can we come back on L1 visa. 2) I dont have pay slips as I never joined company A. 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. In this scenario do I need to go to home country for H1B visa stamping? H-1B and O-1 Travel. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. I got my petition approved till September 2017. I might have to go to India in December. You have to be worried only if are doing anything wrong. To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. How far is this info correct? I am in a similar situation. 1. You can also post it via As an Attorney here. Theres no wait time. How can i go to US now ? 3) However I left my employer who had filed my petition in February 2012 to join a new company http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. Please advise. interesting how to apply for dutch passport ? 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). The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Even when I work in consultant, is there any process that should be completed before I travel from India. I have one more offer from company C, My question is That office now has jurisdiction over your case. 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. Our firm assists individuals and institutions across the U.S. with their immigration needs. 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). Even if my H1B COS is approved either before they travel or while they are travelling in June/July? I am on F1 status , and its valid till feb 2018 . A: Status changes are handled by USCIS. 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. or can I go to any country to get H1-B stamping ? 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. an assumption, I have authorized CPT and went to India on vacation. or will it be a new h1b and i will be placed in lottery? H1b extension is taking about 5 months for regular processing. You should ask the same questions to an Immigration Attorney. 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. You need to apply via lottery. https://premium.happyschools.com/course/consulting/, Hi Raghu, Went for stamping in Hyd and the status is pending. Hey Please schedule a 15 minutes call. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. My Visa interview is happen on June18th and counselor has taken my passport. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. My company applied for the H1B but are now saying that there are no projects. I have got a valid H1b approved petition from my current employer. I have not gone for stamping yet. Yes *You do not need to present your original I-797 approval notice at your visa interview. Current Status OPT We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. The intervening admission to the U.S. does not override this later effective date. 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). I must have to visit India from Dec2 -Dec28. H1B will have a start date, so you can enter upto 10 days before the start date. But I have left from the company which applied my H1B. can I travel and come back without any problem? I wanted to visit home before I start my job. 1. I am bit worried on this status, can you please help me to understand this status. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Has any one got H1-B petition approval notice ? My case status is as follows: 1. However I have a bit tricky situation. So what shall we do ? Same steps as applying for new Visa. Its would take less than 30 minutes to get a new DS160. I just got this notice, but does it mean I got approved to technically be H1B status? 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. Is this a practical scenario? I have the same concern being in the same situcation as Shilpi mentioned My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. I received my H1B approval notice yesterday. My H1B visa has been approved with a change in status (F1 to H1B). 3. Could you please let me know all the possible options? My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. 5. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Kindly guide me what should be my next step. You will be fine. Only French Consulate can answer this question. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . How do I make this appointment, and with whom? Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? 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 Rushi, Then comes H1B Visa approval after a long wait. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? My H1B has been applied from an MNC and it got approved. 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. As I was with F1 status and it will finish from Sept, during one month I dont have no status. 3. I want some time ( may be 1 week atleast ) to resign from present employer.
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