whether can I come back to US? I have travel plans and booked VISA Interview on December 16th. Thank you for the answers, Rao and Raghuram! My H1B has been approved and I am currently in USA. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). I've a similar situation. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. My start date was March 5th. Congrats on your H1B Approval. 2. But, exactly how much is that?. I ll be grateful if you can guide me for this. 4. I can return back to work to the same employer or different employer after few months. It is really helpful for the candidates like me! While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. I got a new project with a start date Jan 2nd 2019. You need paycheck only if your started working on H1. While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. Nationality- Indian Sharad. My petitioner has sent me WO agreement between petitioner and client for whom I will work. 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. Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. 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. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! You may have different questions with respect to this situation. Please answer this question all the same forms, and interview etc? Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. I have already used my OPT and OPT extension. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. 1. Congrats on your H1 approval. Is it ok, if I stamp my visa first and then my wife and kid go later on. I got my H1B stamping done last year in Sep 2009. did your employer provided you a copy of h1b petition application to you? If my husband visa gets approved by nov15, do I need to wait for the documents? This may help a consular office understand that your work does not have potential application for national security or terrorism. My situation is similar to yours. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Please can you share pros and cons for both the options or are they correct options to chose. 2. If yes, I need to get updated project/client related documents from the employer who filled. I have valid H1b petition until 2014. Is there a way to track the status? Is there any risk involved in it? I am on h4 dependent on my husband h1b. Copyright 2005 2022, MURTHY LAW FIRM. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? 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. I still did not receive my Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Currently I am working for company A and my H1b got picked up this year. I recently quit the company i was working for. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. You should consult an attorney about a status-related question. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. You have 3 options. My DS 160 form status too in Administrative processing, can you please help me what should I do now? 1. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. Dhara *You do not need to present your original I-797 approval notice at your visa interview. You may begin work for an employer while your application for a Social Security Number is pending. I am on the place as you are. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Can you please help me in understanding what should I do? I have couple of questions? Employment duration with present employer 6 months. After your H1B Visa is approved, you have to follow the path back from USCIS. Where are you getting information that you need 3 months pay stubs? It would be of great help if you can answer me the above questions. Hi now I am on opt ead and my husband is on f2 status. If you live outside the United States, you can schedule your H1B visa interview. If I go for stamping in India for H4b will I have any problem ? As you said, many of us are still awaiting the H1B approval. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Hi HSB, Show them your I-94. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. Could I have issues at the port of entry airport because of the H1-B pending? First Do i have any problem in visa stamping? Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Please let me know on this. I dont know if you can start working if online status says approval. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Or, do I need to wait until I receive the hard copy of approval from USCIS? document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. as i will be traveling to my home country that time. I cant work without SSN and I cant get SSN with this issue?? Will there be any serious issue duing VISA interview. You need to ask an Attorney. In the meantime, my spouse got a Full Time offer with Company B. We got new client new location so filed amendment. I m planning to go to USA. My current project is ending on Dec 28th 2018. or we are good to travel with updated LCA. What is Premium Processing? Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? Whether my H1B will be denied etc? So its a negative in my case and ill be counted in cap? I d like to know How long is the approved petition valid for and when last can travel to US ? Now i am leaving current employer which files H1B & joining another employer. Am I considered out of status ? A copy of you VAC-stamped DS-160 confirmation page. My case got recently approved. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. The DOB is in the new I-94 which is at the bottom of the I-797 document. If yes what is the procedure? Please follow any instructions provided by the counslar at the time of your interview. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). If you have the approval notice for H1B, then can apply for H4 now. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. So did you apply for STEM extension? Can you please tell me what is the percentages of cases still approval pending with USCIS. Hi, 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. Hi, 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. 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? Should I go to my home country for H1-B visa stamping or it is too risky for me? I came to india and got H1B stamp in my Passport valid until September 2012. Please advise what should me the best approach here. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. 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. Always consult an immigration attorney to get your questions clarified. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. 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. But, if you get denied, Im the one to blame. I am getting my H1-B start date as 1st Dec 2010. can you tell me do i need to pay the complete fee or no. Accurate I-94 records control your lawful status: they are very important. My petition got approved. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. (The LCA received is having the old address). It seems in either of the two cases I have to attend the visa interview in the home country. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. Hello Opt Expiration date : December, 2012 If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. Did you transfer your H1B to your current client without working with Employer Y? My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. But which document i needed to get stamp by next employer. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. My employer is saying security check is going. While your H1B change of status is pending, you are free to travel outside of the United States. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. I got my H1B approved through Consular notification. Thanks. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. My organization inititated HNSC request premium as My current visa will expire by 31Jan . My H-1B got approved recently as my employer applied it through Bachelor's degree. what exactly this security check and how many days it will take. Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. Traveling While Awaiting an H-1B Extension. Based on these facts, the change of . 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? My employer resubmitted documents and USCIS received it within the RFE response date. Required fields are marked *. 6. My friend has a situation where any of your suggestion would do a great help. What are the chances for legal action and getting the money back? Once you are in US ask the new employer to file for COS with I94, 2. If your application for H1B transfer is approved, you can continue with your job. Hi Raghu My case is similar to Abhisheks case. What should I do now ? Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? 3. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). Your employers attorney should have given you these details. H1B from withon previous 6 years will not count under Cap. or will it be a new h1b and i will be placed in lottery? My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. Otherwise, the issuance of your visa may be delayed. 2> If I join a different employer after 6 months. This is reason I considered going Canada instead. A reciprocity fee may also be required. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do 2. Now I have a tricky time my current client offering full time. Please post your question in Q&A section. H1B Approval notice sent to employer. Checking the feasibility of changing employer My case status is as follows: 1. I have one more offer from company C, My question is Without any paystamps with employer Y. thanks I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Hello Everyone. 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. It is our pleasure to assist you in this matter. You have to talk to a few attorneys to find different solutions and then pick one. My joining date with other employer is after 3 weeks. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? 1. Before the start date of the job or after a while the job was started? Based on that the following are the cases that I landed up). 5. 7. Please contact our office before making travel plans. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. thank you. But i am planning to change it to H1B. I have my new passport with me. 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. You can start working on H1 as per the Start Date listed on the Approval notice. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. Check the Processing Time, usually, H1B and H4 gets approved at the same time. When can I start working for the employer? If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. Thanks for your response. My company applied for the H1B but are now saying that there are no projects. 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. We sent you a notice that explains why we moved your case. 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. Hey RFE and travel puts you in tough spot. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. what wil happen to my H1b? When should I go for stamping looking into the current corona situation. Talk to an attorney ASAP to know your options. 2. I have got a valid H1b approved petition from my current employer. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Can I attend the interview by oct-09? I am travelling to India in the second week of October and will have to get my H1B stamping done in India. I know so many who got benefits from the second degree (completing it). Is it mandatory to get the H1B VISA Stamping after the H1B is approved. Is it possible to continue with my trip to India? My next employer is ready to stamp. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. If I can return on F1 visa what is the last date I can enter with F1 visa? Now again i am filing H1B. H1b extension is taking about 5 months for regular processing. I would like to know what would be my options if Id like to extend my petition. 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. Any other Visa (L1 or B1 etc ) NO other Visa please do let me know. 3. 1. My i129 petition has been approved without change of status from h4 to h1b. Thanks!! 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). Does it help for any cap exempt? 2. I want to schedule my spouse H4 visa interview on Dec 2nd week. 4. So, you can start working immediately. I94 is generally used for your entry and exit in US. So i wanted to schedule the H1B interview by the second week of Oct-09. It has already been 6 months since i received my approval. Case 1: I am currently working with a Client A on contract for a year. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. an assumption, I have authorized CPT and went to India on vacation. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? Please share on who did you handle that circumstance? I just graduated with Bachelors in Computer Engineering from a US university this august. Currently I am in my home country. What documents should i carry in both situations(processing time and after acceptance of H1B). Timing is upto you based on your circumstances. 2) when can i go for the stamping?? 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. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. Please correct your article. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Im on F1 Visa Status currently working in USA on STEM OPT. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. If your visa application is approved it will be processed and mailed/available within 2 business days. 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. Can i approach a different employer with same petition number to proceed with my H1B stamping. My new employer has filed the H1b transfer in October 05 2015. I could say that you can get it stamped from another country ( as other have done in the past). Ganesh Thanks for highlighting it out. Let me know what does my status mean . On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. I feel really frustrated by all this bureaucracy. In 2004, the U.S. My wife is expecting and she will not able to travel anytime soon for the stamping. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. So, will my last year case have any impact on this year, as I didnt go last year. 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 got my first H1B approve in Sep 2011 for 1year. Will my extension application be cancelled and do I need to apply again? My attoryney applied for an amendment on June 2nd. My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012. I am still on my OPT that runs till next year June. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. I found your video really helpful to understand the process. My L1 is valid until Jul 2012 and H1B until Nov 2012. I have responded to an RFE and am awaiting the final approval, hopefully. Same steps as applying for new Visa. Appreciate any help on this to get the SSN ASAP for her to . MY H1B employer is OK to work with Dell in Austin. I am currently living in USA and working as a full-time employee with the same employer for 2years. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. It counts based on effective date or expiry date? I am Ram. 1. My Employer from India, I have my client at Location X and Location Y. Same company, same role. or can I go to any country to get H1-B stamping ? Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. 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. Your article mentions that we can reenter the US only after October 1st. I am in US with H4 dependent visa in which I wasnt authorized to work. Visa stamping has been expired now. I have removed parts of your comments. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? HI, You can alter the auto-generated information to tailor it for your dependents. After 30 days, it will have to be done through an extension with USCIS. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion.