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I never traveled to US before. Im in the very same situation as you were in. Then link the new DS160 to appointment confirmation (via travel docs). Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Congrats on H1B approval. Please respond. Will I have to go for stamping to stay in the country? 3. Thanks -Padraig. and want to convert my visa to H1B visa next year. L1/L2 extension is also being applied by company. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. 2. 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 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. 2. Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. F1 Visa Expired in July, 2012 you have to provide EAC NO SOME IS VERY HELP FULL. I must have to visit India from Dec2 -Dec28. Now my ques is , I knw i can work on 1 h1b at a time. If you have the approval notice for H1B, then can apply for H4 now. My petitioner has sent me WO agreement between petitioner and client for whom I will work. I can return back to work to the same employer or different employer after few months. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. But I too am in a same boat, Hey Raghu. I also got a 5 motnhs gap in my OPT period. I cant help you here. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. Its would take less than 30 minutes to get a new DS160. Please share your case. Thanks Raghu. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. 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 . 1) I need to travel to India between April and July, will there be any issue? My passport is changed after I applied my H1B lottery due to spouse name addition. I have my new passport with me. Can Someone please help? Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy After your H1B Visa is approved, you have to follow the path back from USCIS. I am afraid of expiry date, what will be best solution for it . You will eventually need H1 stamped right? Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Thanks. 2. If H1 done vs CP, then you will stop working when you enter the US on H4. 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. Please Help. Travelling outside US when H1 B is under process is that a problem? 8. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. I m doing Msc biotechnology. Please let me know on this. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? I would need to H1B, F1 respectively. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. Based on these facts, the change of . Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? When should I go for stamping looking into the current corona situation. 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 Is there any dependency of result of one amendment on the other. You will need to talk to an Immigration Attorney for your situation. Can I travel to home country and return without getting my H1b stamp? Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. 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? Hello Raghu, Please let me know, Hi My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice Hi !! But the office location is different and the new address of residence is different state. Again i m talking abt having multiple amendments ( not transfer). Most visa applicants must appear at a consulate for personal interviews. pls help. 7. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Any problems with it? What are the chances for legal action and getting the money back? My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. If you are interested in reaching out to us, please click here: P (413) 584-3232 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. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? I94 is generally used for your entry and exit in US. 1. A DHS memorandum dated May 16, 2000 states that an alien in . Case 2: Ideally how much time it takes for the approval notice to reach at our end? If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. currently iam in USA I am and just want some company in anxiety. Approved H-1B Visa Petition with Change of Status. Talk to an attorney and figure out the plans and status. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? Nevertheless we would like to stay and work in the US. Without any paystamps with employer Y. If i go what will be the problem to my H1B? My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. My H1B status is approved . That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. Thats the conversation you should have with your employer and attorney. On April,15 a Company A filled my H1 work visa. or we are good to travel with updated LCA. 2)Got an Approval Status on March, 2012 Current Status OPT 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? Can I go for stamping here in US consulate rather than going for stamping in India? My current H1B visa expiring in 31 Dec 2016. What should be the next steps for me ? You dont have to wait until September or October to get Visa stamping for H1B. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). My employer has given me all the documents that he has received from the attorney. Is there any info for attending visa interview in India? 6. I just got my H1B approved. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. You can consult one from our team https://askanattorney.happyschools.com/. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. Please contact our office before making travel plans. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Please advise what should me the best approach here. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. 1. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. Please suggest me. My case got recently approved. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. I applied for a new passport in the Indian embassy in the US and have reported the lost passport to the US consulate in India. I just got this notice, but does it mean I got approved to technically be H1B status? I think your employer can extend H1B petition up to 6 months before. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. list of documents required for H1B Stamping. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. I came to india and got H1B stamp in my Passport valid until September 2012. I received my H1B approval notice yesterday. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Refer to application form I-129. In the question posed, the petition and the change of status had been approved before the person departed the U.S. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. 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. 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? But I couldnt get any job because of corono . I am travelling to India in the second week of October and will have to get my H1B stamping done in India. 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. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. I need to travel to India by this month end. It would be of great help if you can answer me the above questions. When your legal stay/status in USA could be affected, always seek legal help. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. Not its not valid. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Dhara His wife came on h4, now got h1b through lottery. We are currently stating in US. My Employer from India, I have my client at Location X and Location Y. I got a situation Herr, I got my approval notice for H1B 2016. In this scenario do I need to go to home country for H1B visa stamping? You should have the approval notice (I-797) form. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). No I9 and I94 are different. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Now my employer is saying that they want me to start from Jan 1 2012. 4. I dont know the answer. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. I am scheduled for a business trip from Sep 27th to Oct. 6. Talk to an immigration attorney with new rule about location change. This is because the last action regarding the foreign nationals status governs. My joining date with other employer is after 3 weeks. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Please post your question in Q&A section. So i wanted to schedule the H1B interview by the second week of Oct-09. But now the requirement is not there with client Y. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. I am currently in US on L1 visa and checking options to moving to h1b visa. This includes changes in work location, salary, and job duties. Sorry. towards the end of 6th year. Consult and attorney. If COS is approved, your L1 is gone! I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. I think I can work as consultant initially and transfer H1B. 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? I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. My DS 160 form status too in Administrative processing, can you please help me what should I do now? While your H1B change of status is pending, you are free to travel outside of the United States. 2. can I travel and come back without any problem? If you move before you receive the notice, call customer service at 1-800-375-5283.. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. Thank you so much for setting up this website and blog. You cannot choose which status you want to be maintaining. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. 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. Visa processing times and questions can be stressful at times, thank you for replying to the queries. Some changes may require an amended H-1B petition. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. (same sate). thanks You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. Even for my wife the DOB is wroing in the I-797. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. #2 Change of Status DENIED See the questions in there. You should ask the same questions to an Immigration Attorney. Hello raghu, thanks for sharing the information. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. My H1 got approved in August. I was trying to go for masters at the same time so I took both chances parallel . 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. You get the original in 2-3 working days. Close All Open All Cap-Gap Extensions Eligibility for an Extension If travel is required, advance planning and early visa application are critical. Hello Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). 3. Does this mean they sent the reciept that they received our request? You need an H1B stamp to enter as H1B status. Can I transfer my H1B without working with employer Y before October. You can start working on H1 as per the Start Date listed on the Approval notice. Can this be done ? Questions affecting your status should be answered by an attorney. That office now has jurisdiction over your case. I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. Will there be any issue with that on stamping. 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. 15 calendar days to get the decision. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. If I can return on F1 visa what is the last date I can enter with F1 visa? If you continue working, you run the . 1. So, you can start working immediately. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? I want to transfer to new employer once i got my 797. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. This option is explained here for the benefit of MurthyDotCom readers. But due to some issues I am not traveling and will be travelling in 2021. Why are you asking questions impacting your status on forums? Where are you getting information that you need 3 months pay stubs? There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Mine got approved on 12 Nov, Still waiting for 797. I got a new project with a start date Jan 2nd 2019. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. My question is what are the consequences of not having the visa stamped immediately. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. You will be fine. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. Dont have an ETA. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. Hi, my OPT extension is valid until June 2018. I currently live in the US. You may have different questions with respect to this situation. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). You dont necessarily have to start working on the start date. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? 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 your application for H1B transfer is approved, you can continue with your job. What are the options available for me to go for stamping for change of visa status? I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. But before interview i will get my new H1B extension petition. What are all the details/documents required for scheduling the interview? I would list where you are working right now as current employment. Hi So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? HI, MY H1B employer is OK to work with Dell in Austin. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. Thanks. Else, it can take months and theres not time limit. 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 employers attorney has filed a service request too with USCIS, but no updates yet. My H1B visa is showing approved now. Hi Raghu, Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. But, you would need a valid US visa (other than H1B) to re-enter the USA. 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). 2. 2. I ll be grateful if you can guide me for this. The original I-797 approval notice. My L1 is expired for company A with valid I-94. You need to apply via lottery. Unfortunately the communication with the US embassy here is very complicated. Hey You will need to submit new ds-160 to update the employer. Currently I am in my post completion OPT. I had not scheduled my visa interview, and I didnt join that company. Do you see an issue with this? What is Premium Processing? What should i do. So, will my last year case have any impact on this year, as I didnt go last year. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. My status got changed from H4 to H1. I did my Masters from US. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? E2 EAD maybe better then H4 EAD. 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? You can go for H-1B stamping to your nearby American consulate.