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 dont have to wait until September or October to get Visa stamping for H1B. Here I got some confusions.. 1. My change of status wasn't approved, so I will have to leave and get my visa. Can you please help me with this? I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. PDF Instructions for LS intl f-s in H1B in US - middlebury.edu Documents related to your H-1B petition. 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. 3. My passport was stolen on 05/28/2017 in Los Angeles. Get approval, then stamping. L1 to H1 with CP. Yes, you can use the 1 year validity passport to go for visa. Can i still get my H1B stamped? 3. H-1B Specialty occupation Extension of stay in the U.S. My H1 is approved for the FY2017. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S My OPT is valid until October 12th. 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 know the alternative is to wait together to go as family. Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. But now the requirement is not there with client Y. My wife is expecting and she will not able to travel anytime soon for the stamping. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. For information and tips on filling outForm DS-160, please see this website. 7. My fiance and I both work for the same company in the US. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. After going there i would like to change my status to H1B from F2. Please review this material carefully. 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. Refer to US Consulate website and Required Documents list in this blog. You can also post it via As an Attorney here. 08 Aug 2022 In 2004, the U.S. and want to convert my visa to H1B visa next year. My employer says it could take upto 4 weeks. So can I continue working on my L1B visa till will get new project from this third party consultancy ? I am on F1 status , and its valid till feb 2018 . I live outside of the US, and only 10 days to find apt and get ready to work?? 2) when can i go for the stamping?? 2. Some people are waiting in India without having an opportunity to travel with H1 approval. Post the question to Attorney Murali via Ask an Attorney. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo You can start working only after the start date on I797 approval notice for new H1 petitions. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? It will say Post-Decision Activity. My L1 is expired for company A with valid I-94. 1. Do I have to await the approval notice before joining the work force? 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? In 2018 November I had to leave US and (the organization where I was working) because of a family They are the right person to help you. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. (Shilpi says: December 3, 2011 at 1:42 AM). I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. 2. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? You are right. Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? During this period, prospective petitioners and representatives can complete and submit . Is it possible to transfer my H1B without any issues? I know so many who got benefits from the second degree (completing it). So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. Will there be any issue with that on stamping. 3. what happens if i leave US before october and couldn come on time. Hi Raghu, I have a question regarding H1B visa appointment. So questions to you are: 1. because i can extend my visa when i am US only. If yes how.? 2. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. 2. It is possible to go for stamping from other MNC/consultancy with this details? Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. 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. 1) How Can I know that my Petition was approved using PP or normal processing AVR to travel back to US with no H1B stamping and expired H4 stamping 2. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. You cannotify USCIS of any change of address online. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? What are the chances for legal action and getting the money back? 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). My employer specifically mentioned that they will revoke my petition on or before 30th September. Only when you travel. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? I have to make lot of assumptions since you have not mentioned your current status:- Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. What is the consequences of never stamping or late stamping ? 1. Travel Tips for F-1 Students on OPT or Planning a Change of Status to H URGENT! It is therefore difficult to predict how long the wait will be for each visa issuance. Prior to this my OPT ended on 09/26/2016. Looking forwardat your best advice. First, you must be present in the U.S. at the time your employer files your extension petition. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. Replied Rfe in November , still waiting for results. 2. I have a valid F1 visa till 2021. A DHS memorandum dated May 16, 2000 states that an alien in . 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. In Mar 2019, my employer had filed an amendment for change of location. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). I got my H1B COS from F1. what exactly this security check and how many days it will take. Thanks for the great information. 2. My situation is similar to yours. Travelling outside US when H1 B is under process is that a problem? I am on h4 dependent on my husband h1b. My case is approved for H1 B cap for year 2017. This is reason I considered going Canada instead. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? Looks like your COS was abandoned. Depending on your status change. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. Hello So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. My H1B visa has been approved and I am waiting for my Stamping. You can go for H1B stamping till the date 60 days before its valid. Later, you may jump ahead to certain sections. Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? You should ask the same questions to an Immigration Attorney. I did not get my master's degree yet and luckly i got my OPT started lasy year. I dont know if you can start working if online status says approval. 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. Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me You can do premium for faster approval. I would like to know what would be my options if Id like to extend my petition. Kindly reply. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. Hello Everyone, 2. We cannot complete the DS-160 for you, but we are happy to answer any questions. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Your H-1B status is valid until the end validity date of your most recently issued I-94. I have not spent a single day of H1B employment with my petitioning employer. 4)Can the new company utilize my approved petition? Please follow any instructions on the notice. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. We are planning to upgrade it to PREMIUM . My petitioner has sent me WO agreement between petitioner and client for whom I will work. The new employer transferred his H1 again and it is in premium processing currently. A: Status changes are handled by USCIS. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. I just got this notice, but does it mean I got approved to technically be H1B status? 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. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition.
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