My H1B has been applied from an MNC and it got approved. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? You should have the approval notice (I-797) form. My husband employer filled for my extension. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Thelist of member countries is here. i have new employer and will file h1b cap counted next week. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. Hi Raghu, Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. Now things here are going good so thinking to change to new client and new location again. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. I ll be grateful if you can guide me for this. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. They may refile or do a MTR. My OPT expiry date: 03 Jan 2017, Is it mandatory to get the H1B VISA Stamping after the H1B is approved. Else, it can take months and theres not time limit. So its always best to check with a consulate first before booking for visa interview date. Can I try for H1B transfer from here in India itself? #2 Change of Status DENIED H-4 visa holders who have extended or changed status in the U.S. and who have been issued an I-797 Approval Notice in their own name should travel with the . Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. After your H1B Visa is approved, you have to follow the path back from USCIS. However, the USCIS has generally applied the analysis contained in the letter since 2004. My employer files an H1B cap-subject petition for an F-1 student on April 1st. Hello Everyone. A copy of your visa stamping appointment letter. Congrats on your H1 approval. If you do premium processing, then you can get approval in May/June. I am currently working as a full time employee Programmer analyst in e-verified company. Is it ok, if I stamp my visa first and then my wife and kid go later on. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. Looks like you have figured out the best path and as you said, theres no ideal option. Hello, 2. Ideally how much time it takes for the approval notice to reach at our end? You have to talk to a few attorneys to find different solutions and then pick one. My H1B was on RFE. 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). How this H1B visa be utilized in these two cases: Your dependents will also be unable to be admitted in H-4 nonimmigrant status. 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 there be chance for getting stamped if I attend the interview late? Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped Typical H1B visa start date would be October 1st if the application was submitted during the month of April. Talk to an immigration attorney with new rule about location change. Will I have to go for stamping to stay in the country? So i wanted to schedule the H1B interview by the second week of Oct-09. 2) when can i go for the stamping?? Im not sure where you can attend the visa interview from. Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? Hi, My company applied for the H1B but are now saying that there are no projects. 2) I dont have pay slips as I never joined company A. From USCIS website my status is confirmed as Approved. I have plan to visit india march . Please reply ASAP! You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. If so, how long does it take to receive the hard copy of approval after the decision is made? Can this be done ? Any help would be appreciated in clarifying the following questions. When can I start working for the employer? If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Refer to comments policy. 1. 6. I live inside USA and I have valid status. Currently I am on F-1 Student Visa. Meanwhile he was unable to attend residency and makeup session class in his last semester. What is Premium Processing? 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 ? While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. I got my H1B approved through Consular notification. 3. I have a family emergency and that made me go from 19th of september to 24th of september. You have 3 options. I've a similar situation. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. Help 8. After going to India if i will not get stamping in India, If your H-1B visa stamp is valid on your reentry date, you may use it for admission. 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)? I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? 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. But i have not received hard copy of documents. Please suggest. all the same forms, and interview etc? Looks like your COS was abandoned. I want to schedule my spouse H4 visa interview on Dec 2nd week. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. Should I Marry an American Citizen to Stay in USA? Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. 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. But the location where i want to go for work is different state than the petition filed for a different state. 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. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. and stamping. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. They are going to apply for h4. Its very helpful. Traveling While Awaiting an H-1B Extension. I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? My H1B(i797) Got approved on may 17th, 2016. The H1B visa transfer process is as follows: 1. I have got a valid H1b approved petition from my current employer. 3. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. And Ill be working remotely. Is that ok to start working in regard with my status? Sorry, I dont know the answer. 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. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. 2. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Please let me know what would be scenario. Approved H-1B Visa Petition with Change of Status. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Typical administrative delays are 2-4 weeks, but some are much longer. Hi Ram Im exactly at the same situation like yours now. 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. Lets say if my application picked up in lottery and Ill get result in May/June. 5. My employer resubmitted documents and USCIS received it within the RFE response date. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. Thank you so much for setting up this website and blog. My H1b approval is expired last month. in the US, Im in the same location and same client. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? 1. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. Your employers attorney should have given you these details. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. You cannot choose which status you want to be maintaining. Also, i have a b1 from the present company. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. Yes. Are some people still awaiting their h1b visa approval? You will eventually need H1 stamped right? While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. I would like to know what would be my options if Id like to extend my petition. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) case created:15th June, Case updated:18th June. Current Location India Hello Raghu, 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/. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. I am Ram. 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. But my client job can be terminated before visiting India by Oct10,2016. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. thank you. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. Can I travel outside the US after H1B approval (change of status) but before Oct, . Hi, But during H1-B stamping what should i defend, if questioned about this? Still the status show it is under review, I am not sure what is the processing time in general. 9. Now, my current employer is asking me to leave the country as my petition was denied. Can I go for H1b visa stamping this year with the petition approved documents? Dhara You are on H1 and you should get paid! For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. It will say Post-Decision Activity. Only French Consulate can answer this question. caroline. I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. Is the embassy open and is the next step to fill DS160? You can transfer your H1 to new employer and they have to send the required documents. i will have to travel to india next month . 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. I want to transfer to new employer once i got my 797. 2. I need to go outside US for visa stamping in order to start working and return back with COS. Please suggest me. Your Attorney should give the list of documents. 1. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. Please set aside time to complete this form. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. 2. Theres no wait time. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. Hey Please schedule a 15 minutes call. In the meantime, my spouse got a Full Time offer with Company B. H1B from withon previous 6 years will not count under Cap. You can alter the auto-generated information to tailor it for your dependents. But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Thanks Raghu. I wont have time to get my visa changed over to H1B during this trip. 1. Got message: I know so many who got benefits from the second degree (completing it). When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. This analysis was provided by the USCIS in the form of letter guidance. Hi My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. will it be valid to apply in 2019? While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Now i am leaving current employer which files H1B & joining another employer. currently iam in USA Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. Thanks. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Hi Raghu My case is similar to Abhisheks case. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. Should I cancel my H1B ? My H1 is starting from Jan 01, 2011. My friend is going to graduate with MS in the 1st week of may 2013 (next month). are there any issues? 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. Do I need to go for stamping again after his H1 gets approved with new employer? If yes, I need to get updated project/client related documents from the employer who filled. Please hel me if some one knows the rule of H1B Visa. 2. Is that realistic or did we mix things up? It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. How can i go to US now ? I've received all H1B related documents from my employer. 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). This situation usually applies to those who had applied for H-1B visa from outside the U.S.A.