After your H1B Visa is approved, you have to follow the path back from USCIS. I got my visa Approved under Premium Procesing yesterday. Once you receive i797, within 40 days you should go for stamping? I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . You need to ask an Attorney. You should try to transfer before they withdraw. H1B Approval notice sent to employer. I got my initial H1B Approved From OCT 2019 to Jan 2020. I am a Canadian who has been working in the US with TN visas in the past. My H1B has been approved and i am staying in india. I have two options below. are there any issues? In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. My passport is changed after I applied my H1B lottery due to spouse name addition. But due to some issues I am not traveling and will be travelling in 2021. I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? He would really like to get some help from a professional to make sure that all the documents are correct. Thanks !! 2. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. #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. My OPT extension came in effect from 10/01/2016. I am afraid of expiry date, what will be best solution for it . Hi now I am on opt ead and my husband is on f2 status. Is there any dependency of result of one amendment on the other. I have received the approval notice which is valid till June 2020. 2> If I join a different employer after 6 months. F1 Visa Expired in July, 2012 Can i still get my H1B stamped? Even if my H1B COS is approved either before they travel or while they are travelling in June/July? You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. We have applied for the extension and we have got the receipt. Can I join B without any issues/legal hassles? 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. But I have left from the company which applied my H1B. My extension of H1B i129 was approved last week and I am living within US now. 5. Do I need to go for stamping again after his H1 gets approved with new employer? So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. So what shall we do ? There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? Extension of Post Completion Optional Practical Training (OPT - USCIS 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. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. I am currently living in USA and working as a full-time employee with the same employer for 2years. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. You can start working on H1 as per the Start Date listed on the Approval notice. I would list where you are working right now as current employment. Hi Raghu, For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? I will NOT be travelling out of the country. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. You can do premium for faster approval. 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. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. We recommend obtaining a new passport with given and surnames if possible. interesting how to apply for dutch passport ? If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? But I have applied from third party employer and now due to pandemic situation getting new project is difficult. If you are interested in reaching out to us, please click here: P (413) 584-3232 It is possible to go for stamping from other MNC/consultancy with this details? Any necessary supplementary documentation that may be necessary. Hi , Theres no wait time. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. Not sure, why they have to say H1 cant be extended. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. So, the question posed is whether, after the international travel, the previously-approved change of status from F-1 to H1B, with an effective date from October 1, 2022, is still valid, or is the last action considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on September 6, 2022. People are still waiting for H1B results filed in April 2015. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . I have couple of questions? But i have not received hard copy of documents. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. My employer has filed for H1B amendment for new location. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Very recent my h1 petition got approved for one year. I got my H1 approved and it starts from Oct 1 2009. The student's OPT is valid until November 30th. H1B Visa FAQ Related to Change of Status - Immihelp can I travel and come back without any problem? Hi Raghu My case is similar to Abhisheks case. 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. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). Hi Raghu, Can I travel outside the US after H1B approval (change of status) but 4)Can the new company utilize my approved petition? 2. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? If yes how.? H1B Transition Issues: International Travel - Murthy My question is how many days do I have before I join the work and use my H1B status ? Hi, Please contact our office before making travel plans. As there are not much requirement during November and December month. It takes few days for the Database to sync between I-94 and DMV. Visa stamping has been expired now. Is the embassy open and is the next step to fill DS160? It can take four to six weeks or longer for visa appointments. Checking Your Status Expiration: H-1B Workers and their H-4 Dependents Please advise so that i can plan accordingly. If your application for H1B transfer is approved, you can continue with your job. 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? What happened ? If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. I have responded to an RFE and am awaiting the final approval, hopefully. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. 3. Sorry, I dont know the answer. You need paycheck only if your started working on H1. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? We dont know what will happen to H4 EAd. Whether my H1B will be denied etc? What are the chances for legal action and getting the money back? 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? 1. Please respond. Hi Rushi, Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. Current Status OPT My H1B lottery is picked up this year. chessmojo 1 yr. ago. I just want to know what all documents I have to collect from my employer. Even for my wife the DOB is wroing in the I-797. I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. If travel is required, advance planning and early visa application are critical. Ive 4 years work exp. 1. I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. i got my first H1B approve in Oct 2009. Is client letter mandatory while attending H1B visa stamping. Why are you hesitant to renew your passport? I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. The 2004 Hernandez letter remains helpful and relevant even after many years. In short Yes, but is hat H1 petition still not revoked? My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. Our firm assists individuals and institutions across the U.S. with their immigration needs. Right now, I am on Post completion OPT and it ends on Feb 2021. 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 ?. First, you must be present in the U.S. at the time your employer files your extension petition. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. 7. Thanks. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? I got my first H1B approve in Sep 2011 for 1year. Thanks, Required fields are marked *. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. i have new employer and will file h1b cap counted next week. Is there a problem if I travel to India in November? Current Location India Ask your employers attorney I hope you will be able to help me. Is it mandate to get the stamping done and travel to US during the validity period. Will he be able to go and attend the stamping? I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). I need your suggestion regarding the travel. USCIS Update - FY 2024 H-1B Visa Lottery Registration Now Open! | H1B If you continue working, you run the . For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. It is really helpful for the candidates like me! If your employer is not giving the letter, then you have to go with what they have given. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. But during H1-B stamping what should i defend, if questioned about this? Same company, same role. So, will my last year case have any impact on this year, as I didnt go last year. Can I travel outside the US after H1B approval (change of status) but before Oct, . My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. My husband employer filled for my extension. I feel really frustrated by all this bureaucracy. Do I need some documents and letter from my employer before I fly to US? or can I go to any country to get H1-B stamping ? My H1 is starting from Jan 01, 2011. 9. This option is explained here for the benefit of MurthyDotCom readers. You should consult an attorney about a status-related question. My spouse live outside of US. I got F1 Approval in June. What are the time lines for this modification?? I am in US with H4 dependent visa in which I wasnt authorized to work. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. Also, please suggest if people are getting their H1B approved? L1/L2 extension is also being applied by company. I moved to new the address now (Different State). PDF Instructions for LS intl f-s in H1B in US - middlebury.edu 3) If I can and should then Whats the procedure ? I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. Hi, my OPT extension is valid until June 2018. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. Im in the very same situation as you were in. Yes, if #1 is True. P.S. 2. It is our pleasure to assist you in this matter. I just got a new Job Offer, is H1 transfer now a good idea? My H1b got approved for Fiscal year 2015 on 5th Dec,2015. Now, my current employer is asking me to leave the country as my petition was denied. I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. I need to travel to India by this month end. See the questions in there. My H1B Status still in Received status, what should be the deadline time to change the statues? How soon do you suggest can I make travel plans after my H1B is approved (if it does)? Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience.