i will have to travel to india next month . Please suggest I am in huge confusion and tension. Hi Raghu, As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. 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. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. I entered US 14 days prior to the start date mentioned on my i797. Waited for i-129 approval but dont want to waste the chance of F1 visa. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. 3) However I left my employer who had filed my petition in February 2012 to join a new company kindly help me please. Post the question to Attorney Murali via Ask an Attorney. 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. There many waiting to attend interview who got H1B approved last year. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Please share if you get any answer so to your question. You should have the Approval Notice with you. Are some people still awaiting their h1b visa approval? I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. I dont know if you can start working if online status says approval. Your H-1B status is valid until the end validity date of your most recently issued I-94. What form do I have to submit for the visa interview? 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. Does this mean they sent the reciept that they received our request? Thanks!! If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Hi Raghu, 1) How Can I know that my Petition was approved using PP or normal processing Did you get the answer of yr question? Refer to comments policy. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. 1. 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 current employer Dell India wants to me to work for them in Austin. 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. H1B Approval notice sent to employer. I'm Indian, rightnow doing job in Singapore. So they requested a data fix to SEVP to fix my SEVIS record. But they did not send me for stamping. Could you please tell me how much time it will take to receive the Approved petition. It is really helpful for the candidates like me! #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. 4. Based on these facts, the change of . 1. Still my application is not approved. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments 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. Is it ok to wait for more than 3 momths after my H1 approval? Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? You can ask an Attorney here http://bit.ly/hsb-ask-attorney. 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. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. My L1 is expired for company A with valid I-94. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. People are still waiting for H1B results filed in April 2015. Currently I am in my post completion OPT. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. Be practical. But, it is maybe good to get it clarified with an attorney. I have the copy of the police report that was filed when I lost my passport. I moved to new the address now (Different State). If not what should I do ? 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? We sent you a notice that explains why we moved your case. Please advise. I dont know if the start date will be Oct 1 or day when they approve the petition (after Oct) and it doesnt really matter. 6. Refer to US Consulate website and Required Documents list in this blog. In order to apply for change of status, the applicant must still be in a valid status. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. USCIS now provides a copy of the I-129 petition directly to US consulates. Visit this page frequently to know the latest updates. In Mar 2019, my employer had filed an amendment for change of location. I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. I have my H1B visa approved. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. 1. Not its not valid. Ask it via Ask an Attorney ( through this blog ) Is there any risk involved in it? When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. 1. 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. 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 ? 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Please share on who did you handle that circumstance? Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). 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. Case details: Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Thank you for the answers, Rao and Raghuram! 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. 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). Let's look at how it works and why USCIS will abandon your COS application. Your visa stamp will reflect the I-797 validity. Hi !! Is client letter mandatory while attending H1B visa stamping. Or, are there still any possibilities to be rejected? Location change is from my employers location A to location B. @Fanny We don't provide legal help. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. 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 hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. 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? By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. I want to transfer to new employer once i got my 797. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. I am currently on L1B visa in USA. My H1B Status still in Received status, what should be the deadline time to change the statues? A copy of your DS-160 receipt. See the questions in there. Can I transfer my H1B without working with employer Y before October. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. Raghu , Hello, Please let me know what would be scenario. Current Status OPT I was planning to travel to India once my case gets approved. 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. Right now, I am on Post completion OPT and it ends on Feb 2021. Its would take less than 30 minutes to get a new DS160. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. 1. caroline. If you continue working, you run the . HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . 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. Travel, whether for personal or professional reasons, can be an exciting . 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. reagards 2. Please follow any instructions provided by the counslar at the time of your interview. I got F1 Approval in June. Im not sure how USCIS treats the approved petition. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. Can you please tell me what shud I do to correct that ?? I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. The H1B petition is approved on July 1st. 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. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. I was planning to come back to US on L1 and then switch to H1B after coming back. If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. I am in similar situation, did you get to know any way to get the COS approved Im US? I am currently on OPT with H1 Approved status starting from Oct 1, 2016. to transfer you need the approval and EAC #. This analysis was provided by the USCIS in the form of letter guidance. 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? Can you please help me in understanding what should I do? If my employer file for extension with the start date Jan 2nd 2019. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Replied Rfe in November , still waiting for results. I have two queries in regard to stamping. It should come to you within 2 weeks. 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. thank you. However I have a bit tricky situation. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? 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 !! Please advise. My start date was March 5th. Or should I do the same my employer has asked me to do. They may refile or do a MTR. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. Check with your attorney or https://askanattorney.happyschools.com/. Hello Raghu, Do you see an issue with this? So when my transferred petition approves i would be having only 4months from the visa expiry . Could you kindly please provide me some guidance on below question? Currently i am staying in Kuwait for some project work. A DHS memorandum dated May 16, 2000 states that an alien in . So, you can start working immediately. I am on the place as you are. We are planning to upgrade it to PREMIUM . interesting how to apply for dutch passport ? Company B is filing H1b for me. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? I am taking appointment for H1b Stamping and H4 visa for my wife. But I never travelled on this VISA. i9 will be used for your job and visa verification by your employer. I also got a 5 motnhs gap in my OPT period. are there any issues? My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. Your Attorney should give the list of documents. Transfer h1. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? 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. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. My H1 got approved in August. Please let me know, Hi Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. Thanks in advance! 6. Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Check with your attorney for suggestions and answers. My H1B got approved this year but unfortunately my employer let me go. I am in a desparate situation. Im in H1B Status now and planning to transfer to new employer. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. 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. I would wait for the approval notice. https://www.happyschools.com/ask-an-attorney/. I came to US in 2006 for my Master's. 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. It got approved on 12/06/2016. Hello raghu, thanks for sharing the information. Try again few days. 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. 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? but what will happen at the time of stamping.? Is there a way I can reenter the States using my current F1 visa? Kindly guide me what should be my next step. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. my time period exceeds means from india i can Apply my H1B or not. My friends are telling like she should give some 221G atleast if she needs to hold approval. thanks So i wanted to schedule the H1B interview by the second week of Oct-09. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. I need to go outside US for visa stamping in order to start working and return back with COS. Raghu, I got selected to start a 3 years residency program at a major US university. 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. Even for my wife the DOB is wroing in the I-797. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. You don't have any gap. 1)i have opt extension up to 2018 july is still valid or not?? I'm currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home? *You do not need to present your original I-797 approval notice at your visa interview. There are some exceptions to this rule. However, the USCIS has generally applied the analysis contained in the letter since 2004. You have to get the documents first. 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. will it be valid to apply in 2019? I've received all H1B related documents from my employer. F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . You can start from here https://askanattorney.happyschools.com/ 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. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. Could you please provide the procedure in this case. Can my employer file for an extension considering that I havent entered the USA with the initial/current petition and do we have to file for an extension before current one expires considering that I havent entered the USA? Got the recpiept on amendment but havent heard anything from USCIS. 5. Suppose assume that im transferring in next month December. You cancheck visa-waiting times here, and you cancheck consular procedures here. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. 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. 1. Only French Consulate can answer this question. But : You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Do we need to visit counsellte again for stamping? what wil happen to my H1b? The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. 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? 1. I got my H1B approved in 2013 and stamped in 2015. 9. Thanks for the great information. Yes. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Based on that the following are the cases that I landed up). Talk to an attorney and figure out the plans and status. 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. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. You can consult one from our team https://askanattorney.happyschools.com/. I am getting my H1-B start date as 1st Dec 2010. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). Hey You will need to submit new ds-160 to update the employer. 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. What are the chances for legal action and getting the money back? So, seek legal counsel in this case. News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. also one of my friend lost his 221G how can we get the copy of 221G? Else when is the earliest to do that?? Sorry, They gave Master service agreement and PO copy between them and client. 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! how soon and in what way I can travel to the USA ASAP. 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. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Hi, The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 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.". Consultant with whom i processed my H1 is no longer reachable. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. Still the status show it is under review, I am not sure what is the processing time in general. Is there any dependency of result of one amendment on the other. or is that an approval notice? My start date mentioned in the petition was Nov 1. I've a similar situation. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. Currently I am in my home country. How this H1B visa be utilized in these two cases: For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. RFE is answered and I am waiting for the reply. I did my Masters from US. Once you receive i797, within 40 days you should go for stamping? After visa is approved, you should get the passport within 3 to 4 days. Mine is a tricky situation. I am filing my H1b in April 2017. 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? Is my petition still valid and can be considered for cap exemption.?