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Anyone know what is the procedure what we need to follow once we receive acknowledgement? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. So how long does it take to have visa interview (in genaral). H1B Transfer & Change of Employer - Full Guide (2023) My opening is at location Y. I am planning to go to Stamping for location X and then file an amendment since I dont require to wait for the approval notice. Hi, 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. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. I have got a questions when you received all the documents to get your visa stamped. Can I go for stamping here in US consulate rather than going for stamping in India? I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) My company applied for the H1B but are now saying that there are no projects. Also after receiving my I797 notice, can I go and apply for SSN? Same company, same role. Please correct your article. or Am i eligible for CAP-GAP automatically? You may begin work for an employer while your application for a Social Security Number is pending. What are the options available for me to go for stamping for change of visa status? 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. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. If you do premium processing, then you can get approval in May/June. I had filled H1B first time and was approved in Ocotber 2016. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . 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 Please suggest. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. 2. Due to some reasons their department HOD is not going to sign the OPT form. 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. Form I-9 after H1B approval : r/h1b - reddit.com But I am considering the former option. Please reply ASAP! 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 have completed Masters in Computer Science and currently pursuing MBA on F1 visa. You should ask the same questions to an Immigration Attorney. Even for my wife the DOB is wroing in the I-797. When your legal stay/status in USA could be affected, always seek legal help. Hi, Extension of Post Completion Optional Practical Training (OPT - USCIS But the office location is different and the new address of residence is different state. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. 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. I dont know the answer. Please Help. Is that petition is valid now ? I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. Can I Travel When H1b Amendment Is Pending? Required fields are marked *. My H1b got approved for Fiscal year 2015 on 5th Dec,2015. 15 calendar days to get the decision. Now, my current employer is asking me to leave the country as my petition was denied. Most visa applicants must appear at a consulate for personal interviews. 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? Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Yes you can but you need the approval notice. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. My H1B has been approved and i am staying in india. 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. 1. You will need to talk to an Immigration Attorney for your situation. currently embassy is not operation for normal window due to COVID As per USCIS website, filing is mandatory but approval is not to work in new location. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. as i will be traveling to my home country that time. We got new client new location so filed amendment. If it was a coincidence then my petition was approved using normal processing and I should get my money back. 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)? After coming to US i changed my status to F1 in June 2011. 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?? Consult and attorney. Did you transfer your H1B to your current client without working with Employer Y? 1)i have opt extension up to 2018 july is still valid or not?? In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. I am working for company A on L1B. FAQ: International Travel During F-1 to H-1B Change of Status Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. My H1 is starting from Jan 01, 2011. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Copy of your old H1B approval notice and offer letter, pay stubs, etc. So, I have 2 questions: 2.What are the options to get a valid I-94, without going back to my home country for stamping? In 2004, the U.S. Please help. On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. What form do I have to submit for the visa interview? My Employer from India, I have my client at Location X and Location Y. 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? I am still waiting for I797 from my company A. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Is there a problem if I travel to India in November? But I never travelled on this VISA. Will this be ok? NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. I am getting my H1-B start date as 1st Dec 2010. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? 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. My i129 petition has been approved without change of status from h4 to h1b. If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. If my employer file for extension with the start date Jan 2nd 2019. Hi Raghu, 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? Can I travel outside US now ? I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. 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. Please suggest I am in huge confusion and tension. I know that Oct. 1st my status will change from F1 to H1B. I must have to visit India from Dec2 -Dec28. Use the https://forums.happyschools.com/ for Q&A. Work for Company A generate at least 2 pay stubs and then do the transfer? 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. You can consult one from our team https://askanattorney.happyschools.com/. Talk to an attorney and figure out the plans and status. I want to share my question to you hope I will get the answer. Travelling to US for the first time. You can go for H1B stamping till the date 60 days before its valid. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. 4. Now I have a tricky time my current client offering full time. I have the copy of the police report that was filed when I lost my passport. Please help me by providing answers to these questions. Published research and other works that are in the public domain should be included in the resume. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. I want to transfer to new employer once i got my 797. 1. 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. But now I got an offer from company B. I want to join company B instead of A. Hi, 1> If I join same employer (who filed my H1B) after 6 months 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. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. I ll be grateful if you can guide me for this. Travel Information for H-1B Visa Holders | ISSS I have removed parts of your comments. Hi Raghu, Hey You will need to submit new ds-160 to update the employer. No. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? Am I considered out of status ? 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. Thanks -Padraig. I got selected to start a 3 years residency program at a major US university. You cancheck visa-waiting times here, and you cancheck consular procedures here. 1. Travel, whether for personal or professional reasons, can be an exciting . I wont have time to get my visa changed over to H1B during this trip. Sorry, They gave Master service agreement and PO copy between them and client. Applying H1: Apr1st 2016, Which one is the better option? Hello, Got the recpiept on amendment but havent heard anything from USCIS. 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. 3. You cannot choose which status you want to be maintaining. Try again few days. 1) I had received RFE. Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. My OPT expiry date: 03 Jan 2017, and stamping. Kindly guide me what should be my next step. i9 will be used for your job and visa verification by your employer. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. 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 ..??? If Your H-1B Petition Has Been Approved as a Change of Status: However, the USCIS has generally applied the analysis contained in the letter since 2004. Your article mentions that we can reenter the US only after October 1st. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. My questions are Education US or non US ( there are certain quota for US Masters Degree or PHD students). Should I go to my home country for H1-B visa stamping or it is too risky for me? F1 Visa Expired in July, 2012 Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? You need paycheck only if your started working on H1. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. After going there i would like to change my status to H1B from F2. 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 ? Question I have is my husband was in F1 and went ahead with divorce. I was on F1 and recently changed from F1 to HIB. 2. My H1B receipt received on April. 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. As there are not much requirement during November and December month. but what will happen at the time of stamping.? I have not signed any agreement with company B. If yes what is the procedure? 2. I got married after 10 days of my H1 stamping. Do you need New H1B Visa Stamping after Transfer? H4? FAQs Can i travel India during the H1B processing time.? So, will my last year case have any impact on this year, as I didnt go last year. I got my petition approved till September 2017. I was planning to come back to US on L1 and then switch to H1B after coming back. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? Can i still get my H1B stamped? And Ill be working remotely. 1. Is it possible to continue with my trip to India? The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. I believe there are some options, but all of them are not ideal. I could say that you can get it stamped from another country ( as other have done in the past). The I-94 reflecting the change of status is attached to the approval notice. Kindly reply. I have the same doubt. 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). Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. F (413) 584-5411 Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). Currently I am getting interview date of March 5th. Appreciate any help on this to get the SSN ASAP for her to . 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? Thank you in advance. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. Please be sure to do the same for your dependent(s). 2. Need to go for stamping to activate my visa. 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. my status showing as below. Can I get to continue to work with my current visa status (L1, L2 or OPT)? I am taking appointment for H1b Stamping and H4 visa for my wife. meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. My Employer file H1B visa under Premium processing. I agree with your attorney. I94 validity and with what Visa Type Not sure about I94, visa type is H1B 1)Do you think my visa can get transferred to company B?? And petition validity is till October 2013. But which document i needed to get stamp by next employer. 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. I wasnt planning to go to India for H-1 stamping this year. Is there any risk involved in it? My H1B got approved from dec 31 2015. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. Do I need to go back to india for stamping or can I continue with h1b? Any other Visa (L1 or B1 etc ) NO other Visa My question is what are the consequences of not having the visa stamped immediately. caroline. 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. I'm Indian, rightnow doing job in Singapore. Im yet to get the mail . Check with your attorney or https://askanattorney.happyschools.com/. Can I go for H1b visa stamping this year with the petition approved documents? But I too am in a same boat, Hey Raghu. 3. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt Thanks for the great information. Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped I just got a new Job Offer, is H1 transfer now a good idea? 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? If your visa application is approved it will be processed and mailed/available within 2 business days. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. I recently quit the company i was working for. It is therefore difficult to predict how long the wait will be for each visa issuance. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. 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. If not what should I do ? I am on F1 status , and its valid till feb 2018 . My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. Till when can I continue my job on L2-EAD? Can this be done ? Your emoloyers attorney should answer this question. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. There are some exceptions to this rule. Let me know if you have seen this before. Timing is upto you based on your circumstances. Can you please share your experience like what did you do in your case.? Could you please provide the procedure in this case. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. You dont have to wait until September or October to get Visa stamping for H1B. 2> If I join a different employer after 6 months. But, if you get denied, Im the one to blame. is there any way i can contact USCIS and get to know more about this ? ** Note that the name on your passport must match the name on your I-797 approval notice. If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. You cannotify USCIS of any change of address online. I have valid H1b petition until 2014. 2. 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. We recommend obtaining a new passport with given and surnames if possible. 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. I will started working with new employer next month . I just got my H1B approved. Why are you giving incorrect info? It happens and theres nothing you can do but wait. 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 :(. 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. Now My question is. 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. ?Could you please advice me on the same? I travelled India when he was on H1 status and I do have visa stamping till March 2019. In Mar 2019, my employer had filed an amendment for change of location. yes , responded to RFE in NOV 2015 . 1. E2 EAD maybe better then H4 EAD. Hello Everyone. I have not done anything regarding the h1b. as supporting documents, if asked. 2. 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). Now i am leaving current employer which files H1B & joining another employer. ( OR) You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. Do I also have to inform my University of the COS? My question: Is there any problem in entering to USA as I am going after one year of approval? 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.