I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. I was thinking of traveling to India to get the stamping in the month of November. I have an H4 visa and live in USA. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. Can I have my first H1B visa stamped in Canada? My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Work for Company A generate at least 2 pay stubs and then do the transfer? 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. To provide more details; (I have the option to chose two different places. HI, If i go what will be the problem to my H1B? Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. I got my H1B COS from F1. Talk to an attorney https://askanattorney.happyschools.com/. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. If you have your H-1B approved, have to get the H1B stamp before entering America. Hi Raghu, Now Im confused If my petition was approved on the same day they received my request for PP ? If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. 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. The USCIS responded that the travel does not change the equation. Location change is from my employers location A to location B. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. How do keep it active? 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). How far is this info correct? I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. So, will my last year case have any impact on this year, as I didnt go last year. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. I had not scheduled my visa interview, and I didnt join that company. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? 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. is this usual? Yes, you can use the 1 year validity passport to go for visa. Hi Raghu My case is similar to Abhisheks case. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Pls reply Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Could you tell me what happened to you case? 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 ..??? Please contact our office before making travel plans. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. Talk to an attorney and figure out the plans and status. 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. 2. also one of my friend lost his 221G how can we get the copy of 221G? Instead of checking Change of Status, they indicated that I am outside US. Now things here are going good so thinking to change to new client and new location again. I just got a new Job Offer, is H1 transfer now a good idea? Then link the new DS160 to appointment confirmation (via travel docs). Will this be ok? I feel this might be becoz of the COS as i was not there in US while applying the petition . If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. 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. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo 1. 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. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. H-1B Travel - National Institutes of Health I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. I had not scheduled my visa interview, and I didnt join that company. Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? Please post your question in Q&A section. Refer to application form I-129. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. H-1B Change of Status - Immihelp Waited for i-129 approval but dont want to waste the chance of F1 visa. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Please help me by providing answers to these questions. 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? I got my H1B approved through Consular notification. Hi, my OPT extension is valid until June 2018. We sent you a notice that explains why we moved your case. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. You can consult one from our team https://askanattorney.happyschools.com/. Second How tough to get H4 Visa? because i can extend my visa when i am US only. 1. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). However, there are a few things you need to know before you travel. Is it possible to continue with my trip to India? You will eventually need H1 stamped right? So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. Thanks. Please let me know. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. 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 ? The approval notice shows same i94 number as h4 when she entered the US. If Your H-1B Petition Has Been Approved as a Change of Status: Hi Raghu, 2> If I join a different employer after 6 months. OPT To H1B In 4 Easy Steps - VisaPro (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Based on these facts, the change of . I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. My employer says it could take upto 4 weeks. Now my question is can I change my employer in May/June immediately after getting approval ? Thanks. While your H1B change of status is pending, you are free to travel outside of the United States. But which document i needed to get stamp by next employer. My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. case created:15th June, Case updated:18th June. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. Will my visa become invalid or will it still be valid after few months? I94 validity and with what Visa Type Would it give problem to me ? I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. *You do not need to present your original I-797 approval notice at your visa interview. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? I need to travel to India by this month end. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. A copy of you VAC-stamped DS-160 confirmation page. My petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. 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. 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. Your attorney can ask for replacement copy of Approval Notice. It is really helpful for the candidates like me! His wife came on h4, now got h1b through lottery. Timing is upto you based on your circumstances. You are right. However, i have also pursued a masters degree in Environmental science with which i am working right now. I just want to know what all documents I have to collect from my employer. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? My Petition got selected for h1b by lottery. Is there any risk involved in it? Am I correct? I had started working with my new employer after I had received the petition filing receipt. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. Now I have a valid petition and stamped Visa both valid till Jan-2023. Any problems with it? My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. I am and just want some company in anxiety. My H1B has been approved and I am currently in USA. From April 1 your status will be H1. ( There is a requirement of paystubs please check with some expert on how many ), 4. Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. Please advise. You may begin work for an employer while your application for a Social Security Number is pending. I am getting my H1-B start date as 1st Dec 2010. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? My cousin has been thinking about getting his h1b visa in order to get the career that he wants. Most visa applicants must appear at a consulate for personal interviews. I would appreciate any advice on our case. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. For some personal reason, I am quitting my job with present employer( who filed my h1b). Is that realistic or did we mix things up? I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. And now his petition is getting expired in july 2011. In 2004, the U.S. 1. what exactly this security check and how many days it will take. 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 I have already used my OPT and OPT extension. I got my petition approved till September 2017. Questions about affecting your status should be posted to an Attorney . 2) I dont have pay slips as I never joined company A. You can start working on H1 as per the Start Date listed on the Approval notice. Your employer will provide you the I9 form to fill for them and it's only after your joining! Documents related to your H-1B petition. Should I Marry an American Citizen to Stay in USA? But during H1-B stamping what should i defend, if questioned about this? In this she cannot travel and neither u can extend her i-94 based on ur new petition. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. You cancheck visa-waiting times here, and you cancheck consular procedures here. I joined them in 2018 when I was on F1 . Get approval, then stamping. My H1 is approved for the FY2017. They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. My name on H4 i94 is mentioned with first name : xxx ; last :yyy H1B to F1 Process and Timeline for Indians : r/h1b Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? Based on that the following are the cases that I landed up). The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. My employer specifically mentioned that they will revoke my petition on or before 30th September. My H1 is approved with COS. Hi, I have a question about changing of visa status. 1. I have not done anything regarding the h1b. If you continue working, you run the . I received my H1B approval notice yesterday. Hi HSB, For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. 3. what happens if i leave US before october and couldn come on time. I am currently in US on L1 visa and checking options to moving to h1b visa. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. 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? Dont try to save on FICA taxes . Currently i am staying in Kuwait for some project work. I have travel plans and booked VISA Interview on December 16th. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. If travel is required, advance planning and early visa application are critical. Should I have to appear again for visa count ? Please review this material carefully. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. 3. PDF IMMIGRATION FACT SHEET - Sidley Austin 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. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Education US or non US ( there are certain quota for US Masters Degree or PHD students). Whether my H1B will be denied etc? Second, submit a change of status application. My H1B lottery is picked up this year. There will be a visa fee of at least $190 for each machine-readable visa issued. I got my H1B approved in Dec 2018 from a non-profit Organization. P.S: also my husband will join me in the US. 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. F1 Visa Expired in July, 2012 My question is how many days do I have before I join the work and use my H1B status ? Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. Is their a validity associated with it. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. And Ill be working remotely. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? 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. I found your video really helpful to understand the process. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Some people may have H4 visa or others may have F1 to come back to USA. There is no grace period. What is the maximum duration I can wait before going for stamping. P.S. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). 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. Thanks for this information. However, the USCIS has generally applied the analysis contained in the letter since 2004.