Will my visa become invalid or will it still be valid after few months? I had not scheduled my visa interview, and I didnt join that company. When he asked to return the money they are not willing to do so http://www.happyschools.com/ask-an-attorney/. Please contact our office before making travel plans. Please help me by providing answers to these questions. I came to india and got H1B stamp in my Passport valid until September 2012. Please help! 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 visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. It is our pleasure to assist you in this matter. Its would take less than 30 minutes to get a new DS160. Now my employer is telling me to go for stamping with client A documents. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do 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 join same employer (who filed my H1B) after 6 months 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 ? We dont know what will happen to H4 EAd. What is Premium Processing? If you had approvals in the past 6 years, then you dont count in the lottery. As there are not much requirement during November and December month. You may have different questions with respect to this situation. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Why are you giving incorrect info? What happens to my H1 b status? can you tell me do i need to pay the complete fee or no. Let me know what does my status mean . to transfer you need the approval and EAC #. However, i have also pursued a masters degree in Environmental science with which i am working right now. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. I am go to apply for H1 B extension. i9 will be used for your job and visa verification by your employer. No you cant. (Regular processing). If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. I have a question , I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. Hi, Please review this material carefully. Unfortunately the communication with the US embassy here is very complicated. or is that an approval notice? I must have to visit India from Dec2 -Dec28. Currently I am working for company A and my H1b got picked up this year. 1. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. Please can you share pros and cons for both the options or are they correct options to chose. My Employer from India, I have my client at Location X and Location Y. dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. After 30 days, it will have to be done through an extension with USCIS. you have to provide EAC NO SOME IS VERY HELP FULL. Now things here are going good so thinking to change to new client and new location again. thanks for this updated information. 2.In the Supporting letter from my Employer States that i will be deployed at end Clients business premises and our Employer Business premises This means i may work on In house or Client Project I dont have any Supporting letter from Client , I have it only from My employer will this would be enough. A reciprocity fee may also be required. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. I have a question. USCIS publishes these figures on a weekly basis. But, do you want to wait around to get into H1B under this current scenario? 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. 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. My fiance and I both work for the same company in the US. But, exactly how much is that?. I am in similar situation, did you get to know any way to get the COS approved Im US? https://www.happyschools.com/ask-an-attorney/. Even for my wife the DOB is wroing in the I-797. Do I need to leave the country ? But, theres no status for mailing the notice. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. I dont know if you can start working if online status says approval. I am still waiting for I797 from my company A. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. 2. Hi, ( There is a requirement of paystubs please check with some expert on how many ), 4. 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. 2) when can i go for the stamping?? caroline. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. 1)Do you think my visa can get transferred to company B?? It got approved on 12/06/2016. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. Hi , 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. pls help. After visa is approved, you should get the passport within 3 to 4 days. Will the H1B come in effect from 10/01/2017 ? I have my H1B visa approved. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. Some changes may require an amended H-1B petition. All the numbers I try online dont help. 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. How do keep it active? My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Im not sure. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. Without any paystamps with employer Y. 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. Work for Company A generate at least 2 pay stubs and then do the transfer? 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. 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 will eventually need H1 stamped right? 1. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? Can I get to continue to work with my current visa status (L1, L2 or OPT)? Check the Processing Time, usually, H1B and H4 gets approved at the same time. Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. Do I need to go for stamping again after his H1 gets approved with new employer? 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? 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. after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 Talk to an immigration attorney with new rule about location change. I have removed parts of your comments. Thanks. did your employer provided you a copy of h1b petition application to you? You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. Appreciate any help on this to get the SSN ASAP for her to . My employer files an H1B cap-subject petition for an F-1 student on April 1st. Congrats on your H1B Approval. 1. 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 two queries in regard to stamping. First Do i have any problem in visa stamping? My H1B has been approved and i am staying in india. 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. whether can I come back to US? For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. It will say Post-Decision Activity. So can we file one more amendment without any issue when the previous petition is still in progress? 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. or It was just a coincidence and my petition was approved on the same day using normal processing ? 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. My OPT is valid until October 12th. Were you able to find out whether we can apply for COS or how did you go forward? Hey Please schedule a 15 minutes call. Heres my opinion: When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. Else, it can take months and theres not time limit. Is there any special rule for this type of scenario? You can do the math from there. Hi Rk, we are in same situation, can u please let me know what you have done. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Our firm assists individuals and institutions across the U.S. with their immigration needs. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Is her H1B approved on Oct 2008 is till valid ? If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. They are going to apply for h4. Updating the address in USCIS website is sufficient or anything else is required? 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? I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. Your attorney can ask for replacement copy of Approval Notice. After coming to US i changed my status to F1 in June 2011. My H1B has been applied from an MNC and it got approved. It would be of great help if you can answer me the above questions. How long does it take to recived the hard copys to my petitioner? I am in US on F1 visa now. Nevertheless we would like to stay and work in the US. Case 1: please do let me know. Do we need to visit counsellte again for stamping? And Ill be working remotely. 1. Dhara I am on the place as you are. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. hi Raghu Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Has any one got H1-B petition approval notice ? 3. Post the question to Attorney Murali via Ask an Attorney. Thanks. Yes. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. Hello I think it will be extension of status and its gonna take 7 months in regular processing in VSC. I cant help you here. Very recent my h1 petition got approved for one year. Still the status show it is under review, I am not sure what is the processing time in general. My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). Its taking longer than usual for H1B processing. Not its not valid. I will appreciate any legal and serious advise on this matter. If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. Will company B create any problem for me? Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. You have to get the documents first. So, I think you cant go back. After your H1B Visa is approved, you have to follow the path back from USCIS. You need to apply via lottery. My H1B Status still in Received status, what should be the deadline time to change the statues? Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. There are some exceptions to this rule. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. I will NOT be travelling out of the country. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice If I leave my current employer, then Can I get it stamped on my own/new employer/US company? 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. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments Till when can I continue my job on L2-EAD? Since then i am in india, and did not attend US consulate for stamping. My joining date with other employer is after 3 weeks. I could say that you can get it stamped from another country ( as other have done in the past). 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. I want to share my question to you hope I will get the answer. Current Status Visa type Go for stamping and did you ask your employers attorney? They are the right person to help you. L1 to H1 with CP. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Again i m talking abt having multiple amendments ( not transfer). Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). But, you would need a valid US visa (other than H1B) to re-enter the USA. I hope you will be able to help me. 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? So when my transferred petition approves i would be having only 4months from the visa expiry . So how long does it take to have visa interview (in genaral). At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. If so, how long does it take to receive the hard copy of approval after the decision is made? It happens and theres nothing you can do but wait. Can I travel to home country and return without getting my H1b stamp? You should review all of this information after each H-1B approval. Please share your case. Another option is to renew my passport and submit application that way. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Should I Marry an American Citizen to Stay in USA? Hi Raghu, I got My H1b approved and started from October 1st, 2019. I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. ?Could you please advice me on the same? Or, are there still any possibilities to be rejected? 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. This analysis was provided by the USCIS in the form of letter guidance. The 2004 Hernandez letter remains helpful and relevant even after many years. Please respond. Please suggest I am in huge confusion and tension. I am scheduled for a business trip from Sep 27th to Oct. 6. I got my visa Approved under Premium Procesing yesterday. Thanks for this information. Your email address will not be published. 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. Please be sure to do the same for your dependent(s). I had not scheduled my visa interview, and I didnt join that company. Now I have a valid petition and stamped Visa both valid till Jan-2023. Theres no way to update a DS-160 once submitted. 2. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? But, if you get denied, Im the one to blame. Will there be chance for getting stamped if I attend the interview late? If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. Since i am going in Dec 06, 2010 to Dec 19,2010. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? My case status is as follows: 1. Thanks. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? If COS is approved, your L1 is gone! If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. 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. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. My company applied for the H1B but are now saying that there are no projects. Yes, you can use the 1 year validity passport to go for visa. If I go for stamping in India for H4b will I have any problem ? I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Prior to this my OPT ended on 09/26/2016. My questions are: I have a planned trip to India on 27th October 2016 for around a month. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. I am currently working with a Client A on contract for a year. Instead of checking Change of Status, they indicated that I am outside US. Replied Rfe in November , still waiting for results. But my Visa Petition status is showing active and approved. Hi Arun, My change of employer petition was approved recently while still being in US. 1. Is it possible to transfer my H1B without any issues? Please suggest. I might have to go to India in December. We are planning to upgrade it to PREMIUM . Your H-1B status is valid until the end validity date of your most recently issued I-94. Question: What happens after your H1B Visa is approved? and my last day in the organization was 11/16/2018. Thank you in advance for your kind understanding and cooperation. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. There are two steps involved in changing visa status from H-1B to F-1. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? And now his petition is getting expired in july 2011. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. They may refile or do a MTR. If you could pls help answer my below question : You cannot choose which status you want to be maintaining. 5. 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. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. L1/L2 extension is also being applied by company. 1)i have opt extension up to 2018 july is still valid or not?? will be it be better to go for visa stamping before or after october 1st 2009? 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? Is that realistic or did we mix things up? 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. Raghu, I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? My H1B was on RFE. Thanks, Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? my time period exceeds means from india i can Apply my H1B or not. Any help will be really appretiated.Thank you all. I was trying to go for masters at the same time so I took both chances parallel . would there be any problem returning US at the port of entry ? Now My employer requested me to come to USA. Im in the very same situation as you were in. The I-94 reflecting the change of status is attached to the approval notice. Should I cancel my H1B ? Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. You dont need stamping. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. He would really like to get some help from a professional to make sure that all the documents are correct. 2. My attorney told you can get stamped anytime before your STEM OPT expires my question is. 1. 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. Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. I have not gone for stamping yet. Which category does this come under. Same company, same role. My attoryney applied for an amendment on June 2nd. This is not the suspension of H1B Visa program. My H1B status is approved . 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. I have not done anything regarding the h1b. But I havent taken ay next step considering the COVID situation. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. So, will my last year case have any impact on this year, as I didnt go last year. Now I can utilize the same Petition number to other Employer. If you do premium processing, then you can get approval in May/June. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. 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. Can we come back on L1 visa. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Before the start date of the job or after a while the job was started? 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? My cousin has been thinking about getting his h1b visa in order to get the career that he wants. same office location but the new address of residence is in different county. 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.