Thats measn your OPT will be extended till Oct1, when your H1B becomes active. 2. Ganesh Thanks for highlighting it out. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. On April,15 a Company A filled my H1 work visa. There will be a visa fee of at least $190 for each machine-readable visa issued. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Now my employer is telling me to go for stamping with client A documents. 1) I had received RFE. Now my employer is saying that they want me to start from Jan 1 2012. If H1 done vs CP, then you will stop working when you enter the US on H4. Please advise so that i can plan accordingly. Hi HSB, Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. 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. What are all the details/documents required for scheduling the interview? Looks like you have figured out the best path and as you said, theres no ideal option. 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. You need to find new employer. 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. Should I Marry an American Citizen to Stay in USA? I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). 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. chessmojo 1 yr. ago. Could you please tell me the process how you got the H1B.I am also looking for one. Can you please help me in understanding what should I do? I would need to H1B, F1 respectively. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Did you transfer your H1B to your current client without working with Employer Y? Please respond. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? You will be fine. list of documents required for H1B Stamping. I have applied for premium H1 extendion this week. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. While your H1B change of status is pending, you are free to travel outside of the United States. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. I am already in the US. 1. 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 !! Please share your case. First Do i have any problem in visa stamping? If you live outside the United States, you can schedule your H1B visa interview. Will I have to go for stamping to stay in the country? ?Could you please advice me on the same? I think it will be extension of status and its gonna take 7 months in regular processing in VSC. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). My current H1B visa expiring in 31 Dec 2016. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. I am currently living in USA and working as a full-time employee with the same employer for 2years. They may refile or do a MTR. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). 2.In the Supporting letter from my Employer States that i will be deployed at end Clients business premises and our Employer Business premises This means i may work on In house or Client Project I dont have any Supporting letter from Client , I have it only from My employer will this would be enough. Visit this page frequently to know the latest updates. I have the same doubt. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). Pls reply i have new employer and will file h1b cap counted next week. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Is there any company who can do H1 B visa can just reply me. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice My petitioner has sent me WO agreement between petitioner and client for whom I will work. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. 9. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . Current Status H1B Approved This year if I want to go for a job or higher studies in US. 2. Consultant with whom i processed my H1 is no longer reachable. 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. Some people may have H4 visa or others may have F1 to come back to USA. Till what period my attorney/employer would receive the i797 approval Mail notice. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. 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/. Got the recpiept on amendment but havent heard anything from USCIS. 2.What are the options to get a valid I-94, without going back to my home country for stamping? Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. However, we cannot predict if you will face any issues unless we have more information about your specific case. Now I have a tricky time my current client offering full time. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. Currently I am getting interview date of March 5th. Ask your employers attorney I am searching for consultancy firms who will file my H1B visa. Any necessary supplementary documentation that may be necessary. Hi Raghu, Thanks. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. My first trip to Canada will be August 2011. Is this possible? Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? I have my H1B visa approved. 1. For ex. 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 Now company forgot about my master's degree. And new passport have details of older passport in it. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. My Employer file H1B visa under Premium processing. would there be any problem returning US at the port of entry ? So, I think you cant go back. 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? However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). My H-1B got approved recently as my employer applied it through Bachelor's degree. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? I have been with this employer before my change of status. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. You need to ask an Attorney. His wife came on h4, now got h1b through lottery. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. I would list where you are working right now as current employment. Raghu, But they did not send me for stamping. My H1-B visa got approved and I have my H1-B authorization form(I797) and H1-B receipt notice and hence Im travelling to India to get my H1-B visa stamping. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- What form do I have to submit for the visa interview? I have to go for stamping in Chennai. What will the case status online if COS is denied and H1b is approved ? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Talk to an attorney ASAP to know your options. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. But I havent taken ay next step considering the COVID situation. Please be sure to do the same for your dependent(s). If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. 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. What is the maximum duration I can wait before going for stamping. Not its not valid. Is client letter mandatory while attending H1B visa stamping. You cannot choose which status you want to be maintaining. Can you please tell me whether we can go to stamping with this ammendment details. An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. currently embassy is not operation for normal window due to COVID I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. This is because the last action regarding the foreign nationals status governs. After visa is approved, you should get the passport within 3 to 4 days. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. 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. Dont have an ETA. Can you tell me when can they apply for H4? But i couldnt see my employer sending me for visa interview. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. So in that case i need to attend visa interview again to make my travel. Ive tried the CDN immigration website. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. Published research and other works that are in the public domain should be included in the resume. Please answer this question This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. 3. My organization inititated HNSC request premium as My current visa will expire by 31Jan . towards the end of 6th year. 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? Or my H1B has to be stamped in my passport to be eligible for employer change? They would have to file COS from H4 to H1 ( and they can do in Premium). If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? I filed the petition under masters quota and with COS . this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. If your application for H1B transfer is approved, you can continue with your job. My next employer is ready to stamp. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . Since then I have acquired alot of helpful information that has helped me tremendously. 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? It is therefore difficult to predict how long the wait will be for each visa issuance. 1. I cant advice on questions affecting your legal stay in USA. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Will the H1B come in effect from 10/01/2017 ? 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. Refer to application form I-129. A copy of you VAC-stamped DS-160 confirmation page. Issues to deliberate on Can I travel to India in March ? I think your employer can extend H1B petition up to 6 months before. 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 ..??? Did your h1b approve for stamping? Or should I choose the drop box option after I get my initial H1 stamped. I just want to know what all documents I have to collect from my employer. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. What is the grace period to file the COS now? If you continue working, you run the . My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. I have a planned trip to India on 27th October 2016 for around a month. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. This may help a consular office understand that your work does not have potential application for national security or terrorism. Hi, Always consult an immigration attorney to get your questions clarified. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. or It was just a coincidence and my petition was approved on the same day using normal processing ? I have one more offer from company C, My question is Thank you so much for setting up this website and blog. I have a question. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Email info@cbkimmigration.com My friend wanted to take the legal action he is having all the proof when the money transfers etc. Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. Do I have to await the approval notice before joining the work force? This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. In this scenario do I need to go to home country for H1B visa stamping? 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 I have to appear again for visa count ? Whether my H1B will be denied etc? 3. Show them your I-94. what exactly this security check and how many days it will take. 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? That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. 4. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). My employers attorney has filed a service request too with USCIS, but no updates yet. Is it necessary to work in petitioned company, while going for an H1B interview. My current project is ending on Dec 28th 2018. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? 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 ? I have plan to visit india march . My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. 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. My employer has filed for H1B amendment for new location. What is the consequences of never stamping or late stamping ? 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 be denied my h1b visa stamping because currently i am not teaching? We have applied for the extension and we have got the receipt. My current employer Dell India wants to me to work for them in Austin. My joining date with other employer is after 3 weeks. I am currently in US on L1 visa and checking options to moving to h1b visa. P.S: also my husband will join me in the US. ** Note that the name on your passport must match the name on your I-797 approval notice. Currently I am in my post completion OPT. 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 then what would be the approximate cost of status change ? You can attend the interview as a family ( H1B and H4) together. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. So questions to you are: 1. I have a question about changing of visa status. H1B from withon previous 6 years will not count under Cap.

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