1. My H1 stamping was expired and my currrent petion is valid up to Jan16. If yes how.? whether can I come back to US? You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. Anyone know what is the procedure what we need to follow once we receive acknowledgement? I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. Please help addressing tis issue. Is the H-1 Visa STAMP required to start the process for Green Card? Copyright 2005 2022, MURTHY LAW FIRM. Till when can I continue my job on L2-EAD? Can I have my first H1B visa stamped in Canada? I could say that you can get it stamped from another country ( as other have done in the past). But now the requirement is not there with client Y. 1. caroline. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. What happened ? You may begin work for an employer while your application for a Social Security Number is pending. Dhara Is my petition still valid and can be considered for cap exemption.? 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? How far is this info correct? 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. Do I need to get a date from consulate to get H1B Stamping in India? How long can it be allowed/valid to be stamped? Hi HSB, After going to India if i will not get stamping in India, Can I transfer my H1B without working with employer Y before October. This processing can take several weeks. My applied for H1B through my current employer. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Hi Arun, Else when is the earliest to do that?? You can start working only after the start date on I797 approval notice for new H1 petitions. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? I am in US and my status is F2. 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. 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. My next employer is ready to stamp. If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? 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? Please help me guys, I am totally confused on this. I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. Will this be ok? The increase in enrollment is due to the removal of travel restrictions . Please suggest. Hi Raghu, 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? Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- Employment duration with present employer 6 months. HI, Do I need some documents and letter from my employer before I fly to US? What is Premium Processing? I am on the place as you are. My petition got approved. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. I came to US in 2006 for my Master's. My change of employer petition was approved recently while still being in US. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Any other Visa (L1 or B1 etc ) NO other Visa My question: Is there any problem in entering to USA as I am going after one year of approval? If you could pls help answer my below question : Hi Raghu, And now his petition is getting expired in july 2011. 3. can I travel and come back without any problem? Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. ( was on H4 earlier). You should consult your employers attorney . While your H1B change of status is pending, you are free to travel outside of the United States. If yes what is the procedure? If it was a coincidence then my petition was approved using normal processing and I should get my money back. I hope i could find an answer to my question . And Ill be working remotely. For some personal reason, I am quitting my job with present employer( who filed my h1b). I have removed parts of your comments. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . Im in the very same situation as you were in. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? 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? You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. Can I put resignation and wait to join other employer ? 2. Hi Raghu, I just got a new Job Offer, is H1 transfer now a good idea? Hi Raghu, Let's look at how it works and why USCIS will abandon your COS application. please do let me know. Current Status H1B Approved I was planning to travel to India once my case gets approved. Your article mentions that we can reenter the US only after October 1st. Email info@cbkimmigration.com 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. The new employer transferred his H1 again and it is in premium processing currently. When he asked to return the money they are not willing to do so Hello Everyone. Ive tried the CDN immigration website. There many waiting to attend interview who got H1B approved last year. I have both passports with me. Even for my wife the DOB is wroing in the I-797. I'm Indian, rightnow doing job in Singapore. Pls reply *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. Got message: Please let me know on this. Thanks. Hey You will need to submit new ds-160 to update the employer. USCIS now provides a copy of the I-129 petition directly to US consulates. Please suggest I am in huge confusion and tension. My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. Hey RFE and travel puts you in tough spot. Yes, if #1 is True. Is this a right thing to do ? I have valid H1b petition until 2014. You will fill DS-160 as if you are going to attend an interview with Company A. Your emoloyers attorney should answer this question. 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? Later in 2010 I come to US on L1B visa. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. 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? I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). I am applying for H1B COS on 01-APR-2017. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. 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. Check with your attorney for suggestions and answers. to transfer you need the approval and EAC #. I have one more offer from company C, My question is Updating the address in USCIS website is sufficient or anything else is required? My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. 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). Please answer this question Also, please suggest if people are getting their H1B approved? In the question posed, the petition and the change of status had been approved before the person departed the U.S. My company applied for the H1B but are now saying that there are no projects. Can you please share your experience like what did you do in your case.? I have applied for premium H1 extendion this week. I would list where you are working right now as current employment. Could I have issues at the port of entry airport because of the H1-B pending? Please let me know, Hi My spouse live outside of US. should I get back to the US before the 7th of July ? Mine is a tricky situation. 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. 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. I am in similar situation, did you get to know any way to get the COS approved Im US? *You do not need to present your original I-797 approval notice at your visa interview. I just got my H1B approved. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. As per USCIS website, filing is mandatory but approval is not to work in new location. But company x filed my petition when I was in place A and two months it moved me back to place B. if yes then how. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. Hi Raghu, When should I go for stamping looking into the current corona situation. I feel this might be becoz of the COS as i was not there in US while applying the petition . If your application for H1B transfer is approved, you can continue with your job. A copy of your DS-160 receipt. I can return back to work to the same employer or different employer after few months. Be practical. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. Ganesh Thanks for highlighting it out. Please reply ASAP! Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. I never traveled to US before. Hi, They may refile or do a MTR. 2. Or, do I need to wait until I receive the hard copy of approval from USCIS? Only when you travel. Now my ques is , I knw i can work on 1 h1b at a time. My H1B visa has been approved and I am waiting for my Stamping. Customs and Border Protection (CBP) has implemented an electronic I-94 system. Now I can utilize the same Petition number to other Employer. 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. My friend wanted to take the legal action he is having all the proof when the money transfers etc. 2023 Murthy Law Firm. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. URGENT! Suppose if August 2021 this is not stamped then what is the further option? Change of Status(COS) or Consular Processing (CP). Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. The H1B visa transfer process is as follows: 1. Total stay in US Questions affecting your status should be answered by an attorney. Please advise. Please do not make plans to travel outside of the U.S. without contacting our office first. Then link the new DS160 to appointment confirmation (via travel docs). Thank you so much for setting up this website and blog. You should check if Transit Visa is required for Paris. 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. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Currently on a Project If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. 2. My H1B has been applied from an MNC and it got approved. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) 3. I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. (same sate). I got my first H1B approve in Sep 2011 for 1year. But, theres no status for mailing the notice. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? I had not scheduled my visa interview, and I didnt join that company. It is our pleasure to assist you in this matter. I have received the approval notice which is valid till June 2020. You need paycheck only if your started working on H1. 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. Can we come back on L1 visa. Hi Raghu, I got My H1b approved and started from October 1st, 2019. H1B will have a start date, so you can enter upto 10 days before the start date. This analysis was provided by the USCIS in the form of letter guidance. Hi, because i can extend my visa when i am US only. In short Yes, but is hat H1 petition still not revoked? 1. I did not get my master's degree yet and luckly i got my OPT started lasy year. Can Someone please help? After visa is approved, you should get the passport within 3 to 4 days. I am currently living in USA and working as a full-time employee with the same employer for 2years. My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? You can continue on your current visa till your H1B is stamped. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. My OPT is valid until October 12th. However getting visa appointments in India is also hard so you just pick your poison I guess. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Unfortunately, there is no empty pages left on my passport. Why are you hesitant to renew your passport? 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. Is that realistic or did we mix things up? Will the company C file new H1B (on what basis) . Can you please tell me what shud I do to correct that ?? Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. But during H1-B stamping what should i defend, if questioned about this? However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 card will expire on the date your passport expires. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? So can I continue working on my L1B visa till will get new project from this third party consultancy ? If my employer file for extension with the start date Jan 2nd 2019. My Employer file H1B visa under Premium processing. So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . I recently quit the company i was working for. My DS 160 form status too in Administrative processing, can you please help me what should I do now? Looks like you have figured out the best path and as you said, theres no ideal option.
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travel after h1b change of status approved