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Is there any company who can do H1 B visa can just reply me. This includes changes in work location, salary, and job duties. So he could start working again at least until April 2020. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. How long does it take to recived the hard copys to my petitioner? What are the options available for me to go for stamping for change of visa status? F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . Due to some reasons their department HOD is not going to sign the OPT form. 1. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). If COS is approved, your L1 is gone! Hi Raghu, But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. My start date was March 5th. My change of status wasn't approved, so I will have to leave and get my visa. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. In the question posed, the petition and the change of status had been approved before the person departed the U.S. 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. Now can go for stamping or not. I came to india and got H1B stamp in my Passport valid until September 2012. Kindly help to understand what are my options in such a case. 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 am filing my H1b in April 2017. Theres no wait time. Now my employer is saying that they want me to start from Jan 1 2012. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Ask your employers attorney 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. While your H1B change of status is pending, you are free to travel outside of the United States. People are still waiting for H1B results filed in April 2015. 1. 2. But I havent taken ay next step considering the COVID situation. Later in 2010 I come to US on L1B visa. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? If you live outside the United States, you can schedule your H1B visa interview. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. Were you able to find out whether we can apply for COS or how did you go forward? 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. 1. I feel this might be becoz of the COS as i was not there in US while applying the petition . They are going to apply for h4. Id have a question. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. can I travel and come back without any problem? She came to US in H4 Visa in 2009. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Post the question to Attorney Murali via Ask an Attorney. Waited for i-129 approval but dont want to waste the chance of F1 visa. 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 I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. There are some exceptions to this rule. Shilpi- did you get an answer to your query? Talk to an immigration attorney with new rule about location change. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. My company applied for the H1B but are now saying that there are no projects. with the application itself. Please share on who did you handle that circumstance? This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. 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. Instead of checking Change of Status, they indicated that I am outside US. I got my H1B approved through Consular notification. Did your h1b approve for stamping? My employers attorney has filed a service request too with USCIS, but no updates yet. 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. My husband employer filled for my extension. Living within US without COS? 3. Visa stamping has been expired now. 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. Education US or non US ( there are certain quota for US Masters Degree or PHD students). same office location but the new address of residence is in different county. Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. But now the requirement is not there with client Y. I have a question about changing of visa status. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? This may help a consular office understand that your work does not have potential application for national security or terrorism. 3. 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. If you are interested in reaching out to us, please click here: P (413) 584-3232 Thank you so much for setting up this website and blog. However, each U.S. consulate will have varying rules. Currently I am on F-1 Student Visa. Hello Raghu, 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. I have a valid F1 visa till 2021. My attoryney applied for an amendment on June 2nd. Can I travel internationally when H1b is approved but not - Quora However, there are a few things you need to know before you travel. You can confirm the same question via Ask an attorney. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . If you continue working, you run the . I might have to go to India in December. Do I need to get a date from consulate to get H1B Stamping in India? Replied Rfe in November , still waiting for results. Is her H1B approved on Oct 2008 is till valid ? So what shall we do ? My employer says it could take upto 4 weeks. 7. So, I have 2 questions: I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do Is there any other way to expedite the process or get information from USCIS. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Travel After Change-of-Status Approval with Future Start Date Checking the feasibility of changing employer If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. Kindly guide me what should be my next step. Ask it via Ask an Attorney ( through this blog ) Hello, Please be sure to do the same for your dependent(s). Yes you can but you need the approval notice. Its a direct client. I have applied for SSN in near by office. 1. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Once you receive i797, within 40 days you should go for stamping? No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. I94 validity and with what Visa Type I will answer them in a video. My questions are Question: What happens after your H1B Visa is approved? Not its not valid. I am on F1-OPT, and my H1 gets valid from Oct. 1. Anyone know what is the procedure what we need to follow once we receive acknowledgement? Refer to comments policy. You dont need stamping. I can return back to work to the same employer or different employer after few months. Visa processing times and questions can be stressful at times, thank you for replying to the queries. I just got a new Job Offer, is H1 transfer now a good idea? So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. I have got my h1 approved october 20th. Not sure, why they have to say H1 cant be extended. Visa Validity If not what should I do ? Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. Hi Raghu, can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. You need paycheck only if your started working on H1. A: Status changes are handled by USCIS. My friend wanted to take the legal action he is having all the proof when the money transfers etc. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. 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? Should he apply separately for an H4 or should we do it together? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Only French Consulate can answer this question. dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. I got selected to start a 3 years residency program at a major US university. Raghu , 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. Thelist of member countries is here. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. did your employer provided you a copy of h1b petition application to you? 5. My friend is going to graduate with MS in the 1st week of may 2013 (next month). 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. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments Currently i am staying in Kuwait for some project work. Hello Everyone. My H1 is approved with COS. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. Based on that the following are the cases that I landed up). Required fields are marked *. Email info@cbkimmigration.com I could say that you can get it stamped from another country ( as other have done in the past). Please advise what should me the best approach here. 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 attend the interview by oct-09? Transfer h1. You can attend the interview as a family ( H1B and H4) together. Work for Company A generate at least 2 pay stubs and then do the transfer? I was trying to go for masters at the same time so I took both chances parallel . Opt Expiration date : December, 2012 3. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. Thanks, 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 ?? What are the chances for legal action and getting the money back? I hope i could find an answer to my question . The USCIS stated that the change of status would take effect automatically on the effective date of the H1B petition / change-of-status notice of action of October 1, 2022, in this example. 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? If yes then what would be the approximate cost of status change ? Get approval, then stamping. 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. However, the USCIS has generally applied the analysis contained in the letter since 2004. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? I entered US 14 days prior to the start date mentioned on my i797. If you have your H-1B approved, have to get the H1B stamp before entering America. 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. 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? Let me know if you have seen this before. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. I am applying for H1B COS on 01-APR-2017. H1B to F1 Process and Timeline for Indians : r/h1b Hi, 1. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Current Status Visa type If your stamp is valid, you can reenter US with that, you dont have to get stamping again. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. I will appreciate any legal and serious advise on this matter. What are our options ? My H1B Status still in Received status, what should be the deadline time to change the statues? Travel in H-1B Status - Johns Hopkins University 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? Can I go for stamping here in US consulate rather than going for stamping in India? Can I join B without any issues/legal hassles? Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Thanks -Padraig. Ive never done any studies here in US/Canada and Im from India. 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. Am I correct? will be it be better to go for visa stamping before or after october 1st 2009? 2. 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. OR and want to convert my visa to H1B visa next year. If this happens, please contact us so we can discuss how to maintain and extend your status. Im on F1 Visa Status currently working in USA on STEM OPT. Can i travel India during the H1B processing time.? Check the Processing Time at USCIS page. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. Most visa applicants must appear at a consulate for personal interviews. I have responded to an RFE and am awaiting the final approval, hopefully. Hi !! Please help! Looking forwardat your best advice. I hope you will be able to help me. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. However I have a bit tricky situation. H-1B Change of Status - Immihelp My H1B status is approved . 1) I need to travel to India between April and July, will there be any issue? thanks We are planning to upgrade it to PREMIUM . I got my h1b petition approved filed by my previous employer couple of days back. My extension of H1B i129 was approved last week and I am living within US now. Should I have to appear again for visa count ? Hi, How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. Can I travel to home country and return without getting my H1b stamp? Hi, Hi Arun, Both of our visas got expired as of sep30. My employer has given me all the documents that he has received from the attorney. Case 2: My L1 is expired for company A with valid I-94. My question is, where do I go to receive this stamp I read about ? Please suggest I am in huge confusion and tension. Thanks Raghu. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. 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. Very recent my h1 petition got approved for one year. Hi, If yes, Can she apply for COS from H4 to H1 using old H1 approval ? I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Is there a way to salvage my petition ? It has already been 6 months since i received my approval. I just wanted to play safe and avoid going for stamping in this trip. Dont try to save on FICA taxes . Some people may have H4 visa or others may have F1 to come back to USA. If your employer is not giving the letter, then you have to go with what they have given. 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? I have the same concern being in the same situcation as Shilpi mentioned I got my H1B approved in Dec 2018 from a non-profit Organization. I applied for H1-B in 2007 and it was approved. Your H-1B status is valid until the end validity date of your most recently issued I-94. Currently I am in my home country. as i will be traveling to my home country that time. The end date indicated on the I-94 is your status expiration date. Issues to deliberate on Why are you asking questions impacting your status on forums? But i am planning to change it to H1B. Thank you in advance for your kind understanding and cooperation. 3. 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. Questions affecting your status should be answered by an attorney. Otherwise, the issuance of your visa may be delayed. 3. wat would be the best option for me to travel to India in this situation. Is there a way I can reenter the States using my current F1 visa? I've received all H1B related documents from my employer. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice Ask the consulate. Should amendment be filed before Oct 1?? I attend my visa interview from Dubai or India, Kindly advice. Please contact our office before making travel plans. Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. I am on the place as you are. Travel Check List for H-1B - International Students and Scholars Office I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. 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. If you have a pending extension petition . Currently on a Project 15 calendar days to get the decision. Case 1: I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. 6. How To Travel On H1B Visa While H1B Petition Is Pending? Hello you have to provide EAC NO SOME IS VERY HELP FULL. Your attorney can ask for replacement copy of Approval Notice. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. 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 even if my h1b is for a non-profit institution ? Shanvi. 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. (same sate). Only when you travel. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. Or should I choose the drop box option after I get my initial H1 stamped. 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.