My attorney recommended that I should not travel to India until next summer. First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. I have plan to visit india march . But, theres no status for mailing the notice. I think 6 years will start when H1B status is activated. My friend is going to graduate with MS in the 1st week of may 2013 (next month). Your email address will not be published. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. I had not scheduled my visa interview, and I didnt join that company. when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. Does anyone know how long an amendment takes? My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . If you had approvals in the past 6 years, then you dont count in the lottery. 1. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). Current Location India URGENT! 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. Or go with the existing Ds-160 and show them the approval notice when questioned. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. A copy of you VAC-stamped DS-160 confirmation page. If your visa application is approved it will be processed and mailed/available within 2 business days. The increase in enrollment is due to the removal of travel restrictions . My change of employer petition was approved recently while still being in US. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. RFE is answered and I am waiting for the reply. For information and tips on filling outForm DS-160, please see this website. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? What should be the next steps for me ? if yes then how. We cannot complete the DS-160 for you, but we are happy to answer any questions. I am go to apply for H1 B extension. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. I started working since 6 months in pretty big company. Here I got some confusions.. 1. 3. wat would be the best option for me to travel to India in this situation. Please suggest. Hi, Can you please help me in understanding what should I do? The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. Is there any dependency of result of one amendment on the other. You should consult an attorney to see what options you have. Hello Raghu, You can continue on your current visa till your H1B is stamped. My organization inititated HNSC request premium as My current visa will expire by 31Jan . within 2 weeks. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. Then comes H1B Visa approval after a long wait. After 30 days, it will have to be done through an extension with USCIS. I m planning to go to USA. Question: What happens after your H1B Visa is approved? Ask the consulate. But now I got an offer from company B. I want to join company B instead of A. Right now, I am on Post completion OPT and it ends on Feb 2021. Please advise so that i can plan accordingly. 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. Refer to comments policy. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. Does this mean they sent the reciept that they received our request? I got my petition approved till September 2017. What will the case status online if COS is denied and H1b is approved ? 2) I dont have pay slips as I never joined company A. Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid 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. thank you. You should review all of this information after each H-1B approval. (or) Am I suppose to have October pay-stub i..e on H1 status. Show them your I-94. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. In the meantime, my spouse got a Full Time offer with Company B. 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. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? This processing can take several weeks. I was trying to go for masters at the same time so I took both chances parallel . My L1 is valid until Jul 2012 and H1B until Nov 2012. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. It got approved on 12/06/2016. It should come to you within 2 weeks. I have a family emergency and that made me go from 19th of september to 24th of september. 2) when can i go for the stamping?? I have a question about changing of visa status. Will there be chance for getting stamped if I attend the interview late? Did you transfer your H1B to your current client without working with Employer Y? Your attorney can ask for replacement copy of Approval Notice. Now in ds160 I have filled new passport details. same office location but the new address of residence is in different county. Is this possible? My start date mentioned in the petition was Nov 1. 1. kindly help me please. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? 3. If COS is approved, your L1 is gone! 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. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Now my question is after approval how long i can wait to fetch my first job? If you have the approval notice for H1B, then can apply for H4 now. in the US, Im in the same location and same client. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. Refer to US Consulate website and Required Documents list in this blog. So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? 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. Location change is from my employers location A to location B. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. I would wait for the approval notice. If you have your H-1B approved, have to get the H1B stamp before entering America. I got my H1B application approved and also done with the stamping on may 2012 . And new passport have details of older passport in it. If you are interested in reaching out to us, please click here: P (413) 584-3232 Since then i am in india, and did not attend US consulate for stamping. As there are not much requirement during November and December month. 1. 5. My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). 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). If H1 done vs CP, then you will stop working when you enter the US on H4. Dose the h4 extension approval usually takes this long after the h1b is approved ? My H1B receipt received on April. 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? https://premium.happyschools.com/course/consulting/, Hi Raghu, I am already in the US. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . Its very helpful. 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. as supporting documents, if asked. Now, I am wondering if I am unable to get the above position. Is it possible to continue with my trip to India? Hi Raghu, I got My H1b approved and started from October 1st, 2019. 2. But I have left from the company which applied my H1B. I would appreciate any advice on our case. My H1 transfer is approved by employer B (new employer) and I received an approval notice. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. Your Attorney should give the list of documents. Is there any consequences in the case? Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Or do I need to work with employer Y at least few months? I want some time ( may be 1 week atleast ) to resign from present employer. Hi, 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. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? 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. Please share if you get any answer so to your question. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. Quick question- I received the COS from L1B to H1B two days back. ?Could you please advice me on the same? I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Let me know what does my status mean . Why not get H1B stamping and enter US? Do I also have to inform my University of the COS? Can I go for stamping here in US consulate rather than going for stamping in India? 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? because i can extend my visa when i am US only. Same company, same role. What are all the details/documents required for scheduling the interview? Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Please advise. 2. I never traveled to US before. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. 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. Please correct your article. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? Suppose if August 2021 this is not stamped then what is the further option? My employer hold me till todate. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. I have my visa stamped this September and I want to travel in the month of March. I am in US and my status is F2. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? I must have to visit India from Dec2 -Dec28. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. 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/. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Stamping is not required unless you leave the country and enter again. I currently live in the US. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. #2 Change of Status DENIED 2. Thanks -Padraig. So, I think you cant go back. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. I got my H1B approved in Dec 2018 from a non-profit Organization. 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. You dont necessarily have to start working on the start date. 1. If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. But, you would need a valid US visa (other than H1B) to re-enter the USA. Now My question is. @Fanny We don't provide legal help. 15 calendar days to get the decision. 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?? But with some personal issue, I need to travel to India in the 2nd week of April 2019. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. Thanks for the great information. I've a similar situation. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: I joined them in 2018 when I was on F1 . Many consulates use an online appointment system for visa applicants. Please respond. 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. You need an H1B stamp to enter as H1B status. Kindly guide me what should be my next step. I got my h1b petition approved filed by my previous employer couple of days back. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. My question is, where do I go to receive this stamp I read about ? 08 Aug 2022 In 2004, the U.S. 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 would like to know what would be my options if Id like to extend my petition. My H1b got approved for Fiscal year 2015 on 5th Dec,2015. You cannot choose which status you want to be maintaining. Please let me know what should be done to correct my DOB??? If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Thanks. So can we file one more amendment without any issue when the previous petition is still in progress? If you move before you receive the notice, call customer service at 1-800-375-5283.. What are the options available for me to go for stamping for change of visa status? Refer to application form I-129. What form do I have to submit for the visa interview? 2. I am applying for H1B COS on 01-APR-2017. Can you please help me with this? ** Note that the name on your passport must match the name on your I-797 approval notice. I believe there are some options, but all of them are not ideal. A copy of your DS-160 receipt. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Post the question to Attorney Murali via Ask an Attorney. After visa is approved, you should get the passport within 3 to 4 days. Our company doesnt support E-2 Visas anymore. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. 1. Even for my wife the DOB is wroing in the I-797. My questions are: You get the original in 2-3 working days. Hi Rushi, International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. We are planning to upgrade it to PREMIUM . Copyright 2005 2022, MURTHY LAW FIRM. You will be required to upload a digital photograph. You will eventually need H1 stamped right? 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. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? It has already been 6 months since i received my approval. You don't have any gap. Shanvi. Please suggest. We have applied for the extension and we have got the receipt. Thanks a lot for the response, Raghuram. Hello Everyone, I have sent them my approval notice also. Im not sure how USCIS treats the approved petition. Ask it via Ask an Attorney ( through this blog ) I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? Is there a final date where I would need to take on my H1B visa? Please Help. Could you please provide the procedure in this case. I think you have to wait for the notice to reach your employer. Can Someone please help? You should consult your employers attorney . Can I travel to home country and return without getting my H1b stamp? Sharad. Updating the address in USCIS website is sufficient or anything else is required? My EAD ends July 10, 2020 and my H1B got approved June 11,2020. H1B Visa petition can be approved with Change or Status or Without Change of Status.
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Terry Labonte Daughter, Articles T