Should he apply separately for an H4 or should we do it together? document posted to employer and I am a resident of UAE and Indian Citizen, Should Pls reply It should come to you within 2 weeks. 1. 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. If you do premium processing, then you can get approval in May/June. But employer says that he has not yet received the 797. Is their a validity associated with it. I am in india right now. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. I got my H1B approved in 2013 and stamped in 2015. I have received the approval notice which is valid till June 2020. Same steps as applying for new Visa. 1. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Congrats on your H1 approval. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I am searching for consultancy firms who will file my H1B visa. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? pls help. I am bit worried on this status, can you please help me to understand this status. In Mar 2019, my employer had filed an amendment for change of location. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. You should check if Transit Visa is required for Paris. Hi Raghu, document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Can some one help me to find what is the ideal solution? I filed the petition under masters quota and with COS . I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Hi Raghu, I got My H1b approved and started from October 1st, 2019. 2. How can i go to US now ? I have travel plans and booked VISA Interview on December 16th. 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. You have to be worried only if are doing anything wrong. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . So its always best to check with a consulate first before booking for visa interview date. 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 ..??? Some people are waiting in India without having an opportunity to travel with H1 approval. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. I hope i could find an answer to my question . My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Why are you hesitant to renew your passport? I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? 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. Hi Rk, we are in same situation, can u please let me know what you have done. I came to india and got H1B stamp in my Passport valid until September 2012. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. My H1B has been applied from an MNC and it got approved. Case 1: I just graduated with Bachelors in Computer Engineering from a US university this august. 2. I have not gone for stamping yet. If you move before you receive the notice, call customer service at 1-800-375-5283.. Also, I am planning to apply for h1b for next year. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Is it ok to wait for more than 3 momths after my H1 approval? I live inside USA and I have valid status. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. If travel is required, advance planning and early visa application are critical. I m planning to go to USA. Current Status Visa type I have sent them my approval notice also. I am very new to this blog. But before interview i will get my new H1B extension petition. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. I am already in the US. Hi Raghu, My employer has given me all the documents that he has received from the attorney. My Green Card process may start early next year. 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. with the application itself. Thanks a lot for the response, Raghuram. Thanks for this information. I got F1 Approval in June. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. This includes changes in work location, salary, and job duties. Please share some information wrt this. P.S. Thanks for the detailed reply. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status 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 am on F1 status , and its valid till feb 2018 . You need an H1B stamp to enter as H1B status. But with some personal issue, I need to travel to India in the 2nd week of April 2019. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? 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? I94 validity and with what Visa Type Your visa stamp will reflect the I-797 validity. 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. can I travel and come back without any problem? My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. Nevertheless we would like to stay and work in the US. URGENT! 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. I am in US and my status is F2. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? Went for stamping in Hyd and the status is pending. Can I travel to home country and return without getting my H1b stamp? The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. I will appreciate any legal and serious advise on this matter. If COS is approved, your L1 is gone! Hi Raghu, Let me highlight the following: Only Premium Processing for H1B Visa is suspended. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. in the US, Im in the same location and same client. I wasnt planning to go to India for H-1 stamping this year. 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. 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?? When should I go for stamping looking into the current corona situation. If Your H-1B Petition Has Been Approved as a Change of Status: No I9 and I94 are different. Hi, The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. https://askanattorney.happyschools.com/. Close All Open All Cap-Gap Extensions Eligibility for an Extension OR My question is, where do I go to receive this stamp I read about ? As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. So can I continue working on my L1B visa till will get new project from this third party consultancy ? And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. can i take got visa stamping with that case ? What form do I have to submit for the visa interview? Can he transfer Visa or will apply new visa? Travelling to US for the first time. 2. Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. I have to go for stamping in Chennai. What is the maximum duration I can wait before going for stamping. 2. 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. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? I am filing my H1b in April 2017. Here I got some confusions.. 1. I cant work without SSN and I cant get SSN with this issue?? My L1 is expired for company A with valid I-94. We got new client new location so filed amendment. My H1B status is approved . 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. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. 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. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. 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)? Theres no way to update a DS-160 once submitted. But during H1-B stamping what should i defend, if questioned about this? 1. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. i will have to travel to india next month . Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? Will there be any issue with that on stamping. I m doing Msc biotechnology. Thanks. 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. Or my H1B has to be stamped in my passport to be eligible for employer change? Check the Processing Time at USCIS page. I started working since 6 months in pretty big company. Where are you getting information that you need 3 months pay stubs? You should review all of this information after each H-1B approval. I have an active L2 EAD and I am working at the moment. Did you transfer your H1B to your current client without working with Employer Y? Is it possible to transfer my H1B without any issues? Please share your case. 3. My employer files an H1B cap-subject petition for an F-1 student on April 1st. thank you. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? My organization inititated HNSC request premium as My current visa will expire by 31Jan . 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Can I travel outside US now ? Else when is the earliest to do that?? Congrats on H1B approval. I am on F1 Opt working for a company. Not advisable . I am still waiting for I797 from my company A. I am still on my OPT that runs till next year June. Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. My passport is changed after I applied my H1B lottery due to spouse name addition. Or do I need to work with employer Y at least few months? How long does it take to recived the hard copys to my petitioner? You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. 2. Please hel me if some one knows the rule of H1B Visa. list of documents required for H1B Stamping. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . My H1B visa has been approved and I am waiting for my Stamping. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Anyone know what is the procedure what we need to follow once we receive acknowledgement? Could it harm my visa to do so? File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). Thank you for the answers, Rao and Raghuram! can you tell me do i need to pay the complete fee or no. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. HI, Hi HSB, The original I-797 approval notice. Hi Raghu, 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. Should amendment be filed before Oct 1?? 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. Copy of your old H1B approval notice and offer letter, pay stubs, etc. Stamping is not required unless you leave the country and enter again. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. My employer specifically mentioned that they will revoke my petition on or before 30th September. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. I wont have time to get my visa changed over to H1B during this trip. And petition validity is till October 2013. Case details: Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. 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 first trip to Canada will be August 2011. Most visa applicants must appear at a consulate for personal interviews. Can I get to continue to work with my current visa status (L1, L2 or OPT)? Hi, Will my current H1-B application get rejected because i dont have these details? 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. Can Someone please help? 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 ? At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? Then comes H1B Visa approval after a long wait. 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. Now things here are going good so thinking to change to new client and new location again. 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? Can I put resignation and wait to join other employer ? 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). file MTR or appeal. Hi, 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.