What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? Show them your I-94. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. Any necessary supplementary documentation that may be necessary. What is Premium Processing? Thanks. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. A travel letter template for your employer to complete before you travel can be foundhere. My DS 160 form status too in Administrative processing, can you please help me what should I do now? Also after receiving my I797 notice, can I go and apply for SSN? USCIS now provides a copy of the I-129 petition directly to US consulates. I have sent them my approval notice also. However, the USCIS has generally applied the analysis contained in the letter since 2004. 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. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). What will the case status online if COS is denied and H1b is approved ? You should ask the same questions to an Immigration Attorney. What is the maximum duration I can wait before going for stamping. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: After your H1B Visa is approved, you have to follow the path back from USCIS. Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? 2. 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. Hi Ram Im exactly at the same situation like yours now. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. Thank you. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. The H1B petition is approved on July 1st. So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? 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? 1. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. Second How tough to get H4 Visa? or reasonably safe to do so ? how soon and in what way I can travel to the USA ASAP. Start with your employer, employers attorney, if no you can ask via email. Can i be denied my h1b visa stamping because currently i am not teaching? Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? You can attend the interview as a family ( H1B and H4) together. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. So its a negative in my case and ill be counted in cap? On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". interesting how to apply for dutch passport ? Another option is to renew my passport and submit application that way. e.g. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. Any people in my situation and got information regarding this,help please. This processing can take several weeks. Questions affecting your status should be answered by an attorney. 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. USCIS Update - FY 2024 H-1B Visa Lottery Registration Now Open! | H1B So what shall we do ? I also got a 5 motnhs gap in my OPT period. The original I-797 approval notice. Will this be ok? And, Does 3 year duration starts from stamping date, or it is from Oct2019? I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. 3)if i go late for the stamping is it a problem?? My Petition got selected for h1b by lottery. 2. And now his petition is getting expired in july 2011. 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. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. H-1B Status and the Cap Gap Extension | Study in the States - DHS I have a valid F1 visa till 2021. 3. It is really helpful for the candidates like me! Please let me know what should be done to correct my DOB??? If documents doesnt come by the time you leave then you can ask your employer to mail it to you. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. My H1B(i797) Got approved on may 17th, 2016. 1)i have opt extension up to 2018 july is still valid or not?? Since then I have acquired alot of helpful information that has helped me tremendously. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. In the meantime, my spouse got a Full Time offer with Company B. Hi, Dhara I have a family emergency and that made me go from 19th of september to 24th of september. If COS is approved, your L1 is gone! Can you please help me with this? Hello, So i wanted to schedule the H1B interview by the second week of Oct-09. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. H1B Visa petition can be approved with Change or Status or Without Change of Status. I am in US with H4 dependent visa in which I wasnt authorized to work. Is this a practical scenario? I know there is recession there in US, but in my case the reasons for not being able to land there are different. So when my transferred petition approves i would be having only 4months from the visa expiry . My employer files an H1B cap-subject petition for an F-1 student on April 1st. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. If yes how.? Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. Is it ok to wait for more than 3 momths after my H1 approval? Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. We dont know what will happen to H4 EAd. Let's look at how it works and why USCIS will abandon your COS application. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. Raghu , I am applying for cap-exempt H1B by my prospective employers petition with premium processing. 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? 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. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. H1B Change of Status vs Consular Processing. Pros & Cons [2022] - RedBus2US So, will my last year case have any impact on this year, as I didnt go last year. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. She came to US in H4 Visa in 2009. I am awaiting for documents from my employer. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? 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. I am currently living in USA and working as a full-time employee with the same employer for 2years. within 2 weeks. Do I also have to inform my University of the COS? Could you please tell me the process how you got the H1B.I am also looking for one. The 2004 Hernandez letter remains helpful and relevant even after many years. Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. Yes. 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. My OPT is valid until October 12th. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. After you change to Company B, you will submit New DS-160 with company B details. My H1B lottery is picked up this year. 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. My husband employer filled for my extension. Please respond. can I travel and come back without any problem? can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. How do I make this appointment, and with whom? You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. My questions are: my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. We have applied for the extension and we have got the receipt. Thanks. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. Should amendment be filed before Oct 1?? I have applied for premium H1 extendion this week. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Your attorney can ask for replacement copy of Approval Notice. 2. This means I will not be able to transfer it to a new employer. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. When can I start working for the employer? ( There is a requirement of paystubs please check with some expert on how many ), 4. You are right. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. And new passport have details of older passport in it. A DHS memorandum dated May 16, 2000 states that an alien in . H-1B Travel - National Institutes of Health The approval notice shows same i94 number as h4 when she entered the US. Are some people still awaiting their h1b visa approval? 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. Instead of checking Change of Status, they indicated that I am outside US. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. I want some time ( may be 1 week atleast ) to resign from present employer. I am currently on L1B visa in USA. 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. Currently on a Project Why not get H1B stamping and enter US? I am go to apply for H1 B extension. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Actually I have my H1B ammendment filed for relocation and it is in progress. Can I travel outside the US after H1B approval (change of status) but Is it possible to transfer it to my new employer. Do I need some documents and letter from my employer before I fly to US? Can you please tell me what shud I do to correct that ?? If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. I am bit worried on this status, can you please help me to understand this status. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. I have an active L2 EAD and I am working at the moment. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. Hey Please schedule a 15 minutes call. Check the Processing Time, usually, H1B and H4 gets approved at the same time. 4)Can the new company utilize my approved petition? Is there any risk involved in it? 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. I might have to go to India in December. Some changes may require an amended H-1B petition. Please answer this question Only when you travel. my time period exceeds means from india i can Apply my H1B or not. Is there any other way to expedite the process or get information from USCIS. 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. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. 2) when can i go for the stamping?? and stamping. Some people may have H4 visa or others may have F1 to come back to USA. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. If you live outside the United States, you can schedule your H1B visa interview. I am in india right now. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. Now Im confused If my petition was approved on the same day they received my request for PP ? My question is how many days do I have before I join the work and use my H1B status ? 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. to transfer you need the approval and EAC #. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. But, do you want to wait around to get into H1B under this current scenario? My fiance and I both work for the same company in the US. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. can i take got visa stamping with that case ? Is it ok, if I stamp my visa first and then my wife and kid go later on. In this she cannot travel and neither u can extend her i-94 based on ur new petition. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). But due to unavoidable situation ,I need to travel to india. Approved H-1B Visa Petition with Change of Status. But my client job can be terminated before visiting India by Oct10,2016. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. My Visa interview is happen on June18th and counselor has taken my passport. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Education US or non US ( there are certain quota for US Masters Degree or PHD students). Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Thank you in advance . Yes, you can use the 1 year validity passport to go for visa. 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. So, I think you cant go back. Also, i have a b1 from the present company. But employer says that he has not yet received the 797. Will that be enough to show employer and employee relationship or still end client letter is required ? Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Traveling in H-1B Status - Office of International Students & Scholars thank you. thanks Now My employer requested me to come to USA. Then link the new DS160 to appointment confirmation (via travel docs). Always consult an immigration attorney to get your questions clarified. Hi Raghu, My organization inititated HNSC request premium as My current visa will expire by 31Jan . I am sorry if my above assumptions do not fulfil your case. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? International travel by foreign national trainees and employees must be planned carefully. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? Congrats on your H1B Approval. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. Now things here are going good so thinking to change to new client and new location again. 1. Travelling outside US when H1 B is under process is that a problem? Hi Raghu, I got My H1b approved and started from October 1st, 2019. 2. chessmojo 1 yr. ago. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. Travel in H-1B Status - Johns Hopkins University I joined them in 2018 when I was on F1 . I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . i read from various web sites saying generally people go to either MEXICO or CANADA. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? Currently I am working for company A and my H1b got picked up this year.