currently iam in USA Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. I had not scheduled my visa interview, and I didnt join that company. He just received a mail from university that his sevis is terminated and out of status now. If your application for H1B transfer is approved, you can continue with your job. MY H1B employer is OK to work with Dell in Austin. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. Plus, check to make sure your H1 is not withdrawn. Is the embassy open and is the next step to fill DS160? All the numbers I try online dont help. If you do premium processing, then you can get approval in May/June. Or, do I need to wait until I receive the hard copy of approval from USCIS? Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. Do you see an issue with this? 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? Since then i am in india, and did not attend US consulate for stamping. 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". Hi, You should try to transfer before they withdraw. file MTR or appeal. I just got my H1B approved. or is that an approval notice? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Instead of checking Change of Status, they indicated that I am outside US. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. And, Does 3 year duration starts from stamping date, or it is from Oct2019? My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Could it harm my visa to do so? You can alter the auto-generated information to tailor it for your dependents. I got my H1B approved in Dec 2018 from a non-profit Organization. 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. After visa is approved, you should get the passport within 3 to 4 days. I just wanted to play safe and avoid going for stamping in this trip. They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. Go for stamping and did you ask your employers attorney? That will answer all your questions . I cant work without SSN and I cant get SSN with this issue?? I got my H1B application approved and also done with the stamping on may 2012 . I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. 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 ? I attend my visa interview from Dubai or India, Kindly advice. I have my H1B visa approved. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. 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. My Petition got selected for h1b by lottery. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. 2.What are the options to get a valid I-94, without going back to my home country for stamping? You dont need stamping. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? I got a new project with a start date Jan 2nd 2019. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Hi, Please follow any instructions provided by the counslar at the time of your interview. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . 1. I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved However, we cannot predict if you will face any issues unless we have more information about your specific case. I did not get my master's degree yet and luckly i got my OPT started lasy year. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). If I can return on F1 visa what is the last date I can enter with F1 visa? Hi Arun, Should I have to appear again for visa count ? You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Why are you asking questions impacting your status on forums? The USCIS responded that the travel does not change the equation. 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 to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? Or, are there still any possibilities to be rejected? I just got this notice, but does it mean I got approved to technically be H1B status? Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. 1. 3. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. Or my H1B has to be stamped in my passport to be eligible for employer change? an assumption, I have submitted the client letter, SOW etc. Ganesh Thanks for highlighting it out. Hi Refer to application form I-129. My H1B visa has been approved and I am waiting for my Stamping. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. I got my H1B approved in 2013 and stamped in 2015. The 2004 Hernandez letter remains helpful and relevant even after many years. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? Hi Raghu, @Fanny We don't provide legal help. Can you please help me with this? Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- In the meantime, my spouse got a Full Time offer with Company B. How soon I can change my employer ? When i checked in the portal on the status of Visa on 19th June 2018.. it is as follows: Your Visa is currently undergoing necessary administrative processing. Consultant with whom i processed my H1 is no longer reachable. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. Is there a final date where I would need to take on my H1B visa? I have a valid F1 visa till 2021. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. But with some personal issue, I need to travel to India in the 2nd week of April 2019. Hi Raghu, You will eventually need H1 stamped right? This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Please follow any instructions on the notice. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. 1)i have opt extension up to 2018 july is still valid or not?? Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. I dont know if you can start working if online status says approval. I hope i could find an answer to my question . My parents are coming to US for a visit. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. My applied for H1B through my current employer. I am in US on F1 visa now. I moved to new the address now (Different State). I have a weird situation. I was trying to go for masters at the same time so I took both chances parallel . Mine got approved on 12 Nov, Still waiting for 797. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. My H1 is approved with COS. My passport is changed after I applied my H1B lottery due to spouse name addition. I have only LCA ETA form 9035 & 9035E. Why not get H1B stamping and enter US? One of my friend has the same issue now. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? 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. Can you please share your experience like what did you do in your case.? F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. But which document i needed to get stamp by next employer. 2. Thank you in advance for your kind understanding and cooperation. 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. How this H1B visa be utilized in these two cases: My petition got approved. Is it possible to continue with my trip to India? People are still waiting for H1B results filed in April 2015. I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. However getting visa appointments in India is also hard so you just pick your poison I guess. Hello Raghu, I am on F1 status , and its valid till feb 2018 . I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! In 2018 November I had to leave US and (the organization where I was working) because of a family I have a question. I got selected to start a 3 years residency program at a major US university. 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. Will there be any issue with that on stamping. My current project is ending on Dec 28th 2018. I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. 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. Can i be denied my h1b visa stamping because currently i am not teaching? You cannot choose which status you want to be maintaining. I am awaiting for documents from my employer. My employer is saying security check is going. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. would there be any problem returning US at the port of entry ? But i couldnt see my employer sending me for visa interview. Transfer h1. H1B Visa petition can be approved with Change or Status or Without Change of Status. ( OR) My L1 is expired for company A with valid I-94. Looks like you have figured out the best path and as you said, theres no ideal option. If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. I am already in the US. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Same steps as applying for new Visa. I am currently on L1B visa in USA. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. Could you tell me what happened to you case? But now the requirement is not there with client Y. I got my H1B COS from F1. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? My wife is expecting and she will not able to travel anytime soon for the stamping. 1. 1) I need to travel to India between April and July, will there be any issue? if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? 5. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. Still my application is not approved. It got approved on 12/06/2016. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. 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. I might have to go to India in December. My question: Is there any problem in entering to USA as I am going after one year of approval? My friend wanted to take the legal action he is having all the proof when the money transfers etc. 3. I was planning to come back to US on L1 and then switch to H1B after coming back. I have a family emergency and that made me go from 19th of september to 24th of september. Later in 2010 I come to US on L1B visa. I got my H1 approved and it starts from Oct 1 2009. And new passport have details of older passport in it. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. Do I need to leave the country ? Is it ok to wait for more than 3 momths after my H1 approval? Yes, if #1 is True. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. Sorry, They gave Master service agreement and PO copy between them and client. A: Status changes are handled by USCIS. I was on F1 and recently changed from F1 to HIB. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Your H-1B photograph. You need to ask an Attorney. Is this a right thing to do ? You are on H1 and you should get paid! 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. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. Hi Raghu, I would list where you are working right now as current employment. Please help me by providing answers to these questions. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. I went to PAI on 11/18. 1. He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). Please do not make plans to travel outside of the U.S. without contacting our office first. Am I correct? Can I travel outside US now ? But now new i94 , my first name : fnu and last : xxx yyy, I went to apply SSN but they were not able to see my records. (Regular processing). 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. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: Thanks. with the application itself. Traveling While Awaiting an H-1B Extension. I would wait for the approval notice. because i can extend my visa when i am US only. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. Always consult an immigration attorney to get your questions clarified. Sorry, I dont know the answer. Even for my wife the DOB is wroing in the I-797. 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. Looks like your COS was abandoned. My OPT is valid until October 12th. Dose the h4 extension approval usually takes this long after the h1b is approved ? Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). This may help a consular office understand that your work does not have potential application for national security or terrorism. Now my doubt is will my h4 will be questioned if I go to India. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. Hi, My friends are telling like she should give some 221G atleast if she needs to hold approval. I am also in same situation. Hi !! Else, it can take months and theres not time limit. My name on H4 i94 is mentioned with first name : xxx ; last :yyy Please also follow any specific instructions on the consular website about additional documents to bring to the interview. Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. HI, I live outside of the US, and only 10 days to find apt and get ready to work?? I would appreciate any advice on our case. currently embassy is not operation for normal window due to COVID Can he transfer Visa or will apply new visa? Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Also, i have a b1 from the present company. How do I make this appointment, and with whom? If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. https://www.happyschools.com/ask-an-attorney/. Get approval, then stamping. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. Currently I am in my post completion OPT. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? Raghu, 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. 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, Also after receiving my I797 notice, can I go and apply for SSN? I can return back to work to the same employer or different employer after few months. Please respond. There are two steps involved in changing visa status from H-1B to F-1. Do I need to get a date from consulate to get H1B Stamping in India? I live inside USA and I have valid status. The USCIS stated that the change of status would take effect automatically on the effective date of the H1B petition / change-of-status notice of action of October 1, 2022, in this example. Thats the conversation you should have with your employer and attorney. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. Current Status Visa type How soon do you suggest can I make travel plans after my H1B is approved (if it does)? Kindly reply. Its would take less than 30 minutes to get a new DS160. Currently i am staying in Kuwait for some project work. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. Thanks. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Hi, Hi , I am in USA on H4 visa. 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? Please help. 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 ? Can I go for H1b visa stamping this year with the petition approved documents? Do I need some documents and letter from my employer before I fly to US? 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? Any people in my situation and got information regarding this,help please. Thanks. Now My question is. Start with your employer, employers attorney, if no you can ask via email. Timing is upto you based on your circumstances. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? Check the Processing Time, usually, H1B and H4 gets approved at the same time. We have applied for the extension and we have got the receipt. I joined them in 2018 when I was on F1 . Kindly guide me what should be my next step. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped.
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