A travel letter template for your employer to complete before you travel can be foundhere. Can I attend the interview by oct-09? So he could start working again at least until April 2020. ( There is a requirement of paystubs please check with some expert on how many ), 4. Sorry, I dont know the answer. 1. I will NOT be travelling out of the country. If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. Yes. 3. 15 calendar days to get the decision. Please share on who did you handle that circumstance? My OPT expiry date: 03 Jan 2017, Or go with the existing Ds-160 and show them the approval notice when questioned. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. 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 . Thank you so much for setting up this website and blog. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. But i am planning to change it to H1B. You cancheck visa-waiting times here, and you cancheck consular procedures here. I am currently in same situation. 4. You can also post it via As an Attorney here. Mine is a tricky situation. Ask your attorney or submit this via Ask an attorney by Email. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. 08 Aug 2022 In 2004, the U.S. But I too am in a same boat, Hey Raghu. You can attend the interview as a family ( H1B and H4) together. Consult and attorney. And Ill be working remotely. Do I need to get a date from consulate to get H1B Stamping in India? What are the time lines for this modification?? You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. So did you apply for STEM extension? 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. You are right. My L1 is expired for company A with valid I-94. I have plan to visit india march . My H1B Status still in Received status, what should be the deadline time to change the statues? Only your employer can help you with this case. What happens to my H1 b status? Which category does this come under. Went for stamping in Hyd and the status is pending. But with some personal issue, I need to travel to India in the 2nd week of April 2019. I am very new to this blog. 1. 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 had my H-1B petition approved from last year, but my employer is asking me to wait since the job situation is not good in the U.S. What should I do. In Mar 2019, my employer had filed an amendment for change of location. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Now can go for stamping or not. In the meantime, my spouse got a Full Time offer with Company B. Approved H-1B Visa Petition with Change of Status. Can I travel outside the US after H1B approval (change of status) but before Oct, . I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? thanks I am a Canadian who has been working in the US with TN visas in the past. I would like to know what would be my options if Id like to extend my petition. So, will my last year case have any impact on this year, as I didnt go last year. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. 1. But : Your employer will provide you the I9 form to fill for them and it's only after your joining! Can I transfer my H1B without working with employer Y before October. You will be required to upload a digital photograph. My friend is going to graduate with MS in the 1st week of may 2013 (next month). In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. can i re-enter USA on my F1 visa without any issues in port of entry?. 9. 2) I dont have pay slips as I never joined company A. Can you please help me with this? Can you please tell me what shud I do to correct that ?? Can you please share your experience like what did you do in your case.? thank you. My H1 got approved in August. Am I considered out of status ? approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. Can I travel outside US now ? is this usual? I have a weird situation. I have got a valid H1b approved petition from my current employer. Activation of my h1b is October 1st 2016. I am in india right now. 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. 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 schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. A copy of your DS-160 receipt. But I havent taken ay next step considering the COVID situation. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. Is my petition still valid and can be considered for cap exemption.? If yes what is the procedure? I was trying to go for masters at the same time so I took both chances parallel . I am on totally confused stage. If would get the degree. Once you are in US ask the new employer to file for COS with I94, 2. 2)Got an Approval Status on March, 2012 Also after receiving my I797 notice, can I go and apply for SSN? I would appreciate any advice on our case. 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. But due to some issues I am not traveling and will be travelling in 2021. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. My H1 is approved as consular processing for FY2017. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Now my doubt is will my h4 will be questioned if I go to India. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. It can take four to six weeks or longer for visa appointments. Suppose if August 2021 this is not stamped then what is the further option? I was on F1 and recently changed from F1 to HIB. Will the H1B come in effect from 10/01/2017 ? I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. H1B Visa petition can be approved with Change or Status or Without Change of Status. You will need to talk to an Immigration Attorney for your situation. This processing can take several weeks. If you live outside the United States, you can schedule your H1B visa interview. Since then i am in india, and did not attend US consulate for stamping. I travelled India when he was on H1 status and I do have visa stamping till March 2019. 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 ? No. Can you tell me when can they apply for H4? I got my H1B approved for the year 2012. Hi, How long can it be allowed/valid to be stamped? I have responded to an RFE and am awaiting the final approval, hopefully. We got new client new location so filed amendment. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. I will appreciate any legal and serious advise on this matter. 5. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. I got my stamping done in Jan 2019. But employer says that he has not yet received the 797. 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. 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. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. Is there a way I can reenter the States using my current F1 visa? Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. You have to talk to a few attorneys to find different solutions and then pick one. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Please follow any instructions on the notice. Please review this material carefully. 8. Check with your attorney for suggestions and answers. You will fill DS-160 as if you are going to attend an interview with Company A. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. OPT should be still valid I might have to go to India in December. Now company forgot about my master's degree. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. Can he transfer Visa or will apply new visa? Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. You can also request a "Travel Letter" from our office. Both of our visas got expired as of sep30. Could you please let me know all the possible options? Currently I am in my home country. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? What should be the next steps for me ? What are all the details/documents required for scheduling the interview? You have 3 options. Questions affecting your status should be answered by an attorney. 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? Is there any other way to expedite the process or get information from USCIS. I had not scheduled my visa interview, and I didnt join that company. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. to transfer you need the approval and EAC #. 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. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . I dont know if you can start working if online status says approval. It counts based on effective date or expiry date? The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. I got my H1 approved and it starts from Oct 1 2009. Is it ok to wait for more than 3 momths after my H1 approval? Should I go to my home country for H1-B visa stamping or it is too risky for me? I have only LCA ETA form 9035 & 9035E. Till when can I continue my job on L2-EAD? I am Ram. 6. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Do I also have to inform my University of the COS? I have a question , Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. 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 Green Card process may start early next year. Is her H1B approved on Oct 2008 is till valid ? My OPT is valid until October 12th. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". My H1b approval is expired last month. an assumption, I have submitted the client letter, SOW etc. If i go what will be the problem to my H1B? Theres no wait time. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. or reasonably safe to do so ? what exactly this security check and how many days it will take. 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 could say that you can get it stamped from another country ( as other have done in the past). I am getting my H1-B start date as 1st Dec 2010. and my last day in the organization was 11/16/2018. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. I want to transfer to new employer once i got my 797. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? Why are you giving incorrect info? Its very helpful. Did you get the answer of yr question? 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). My L1 is valid until Jul 2012 and H1B until Nov 2012. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . While your H1B change of status is pending, you are free to travel outside of the United States. 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. Please respond. I think 6 years will start when H1B status is activated. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Hi On April,15 a Company A filled my H1 work visa. We are currently stating in US. 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. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Such guidance does not carry the binding force of law or regulation. Could you tell me what happened to you case? If I leave my current employer, then Can I get it stamped on my own/new employer/US company? Be practical. Current Status OPT Your dependents will also be unable to be admitted in H-4 nonimmigrant status. I have applied for SSN in near by office. The student's OPT is valid until November 30th. And, Does 3 year duration starts from stamping date, or it is from Oct2019? Did you transfer your H1B to your current client without working with Employer Y? My new employer has filed the H1b transfer in October 05 2015. Unfortunately, there is no empty pages left on my passport. Will that be enough to show employer and employee relationship or still end client letter is required ? 1> If I join same employer (who filed my H1B) after 6 months This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. 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. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. And now his petition is getting expired in july 2011. 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. Many consulates use an online appointment system for visa applicants. I just graduated with Bachelors in Computer Engineering from a US university this august. I am on F1 Opt working for a company. 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. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. I am currently working as a full time employee Programmer analyst in e-verified company. But the location where i want to go for work is different state than the petition filed for a different state. 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. i will have to travel to india next month . Currently I am on F-1 Student Visa. I received my H1B approval notice yesterday. ?Could you please advice me on the same? Nationality You don't have any gap. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. Try again few days. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? You need paycheck only if your started working on H1. I am bit worried on this status, can you please help me to understand this status. Ideally how much time it takes for the approval notice to reach at our end? You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. 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. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. H1b extension is taking about 5 months for regular processing. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? Hi, please let me know how many days before the expiry date i have to reach US. No I9 and I94 are different. Can I get stamping before October 1 and enter the U.S. on H-1B? What was your status when you got denied notice? Thanks -Padraig. 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. or can I go to any country to get H1-B stamping ? Its taking longer than usual for H1B processing. Your emoloyers attorney should answer this question. And new passport have details of older passport in it. They may refile or do a MTR. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. I have not signed any agreement with company B. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. After you change to Company B, you will submit New DS-160 with company B details. Visa Validity My hus H1 approval happend in 2008, but he didnt attend the interview for stamping.
