But I never travelled on this VISA. 6. Talk to your Employers attorney. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. 1. I have to make lot of assumptions since you have not mentioned your current status:- currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. Got message: Please advise so that i can plan accordingly. Now, I am wondering if I am unable to get the above position. Yes Now i am leaving current employer which files H1B & joining another employer. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Yes, you can use the 1 year validity passport to go for visa. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. So I think I lost my visa status. I just got my H1B approved. If you have your H-1B approved, have to get the H1B stamp before entering America. When i checked in the portal on the status of Visa on 19th June 2018.. it is as follows: Your Visa is currently undergoing necessary administrative processing. From April 1 your status will be H1. Please suggest. There is no grace period. 1) I had received RFE. I feel really frustrated by all this bureaucracy. My friends are telling like she should give some 221G atleast if she needs to hold approval. A copy of your visa stamping appointment letter. When your legal stay/status in USA could be affected, always seek legal help. Should he apply separately for an H4 or should we do it together? currently iam in USA 2. I know that Oct. 1st my status will change from F1 to H1B. Check with your attorney for suggestions and answers. 7. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. Talk to your attorney. pls suggest your valuable guidance. Where are you getting information that you need 3 months pay stubs? Will that be enough to show employer and employee relationship or still end client letter is required ? Else, it can take months and theres not time limit. And Ill be working remotely. e.g. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? 5. After going to India if i will not get stamping in India, I entered US 14 days prior to the start date mentioned on my i797. Or, do I need to wait until I receive the hard copy of approval from USCIS? Its taking longer than usual for H1B processing. 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. 3. My attorney recommended that I should not travel to India until next summer. I have an active L2 EAD and I am working at the moment. I came to US in 2006 for my Master's. Ive 4 years work exp. His wife came on h4, now got h1b through lottery. My H1B(i797) Got approved on may 17th, 2016. Current Status H1B Approved Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. I have my visa stamped this September and I want to travel in the month of March. My situation is similar to yours. F1 Visa Expired in July, 2012 Use the https://forums.happyschools.com/ for Q&A. How to Apply for H1B from H4 Visa Status. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. can you tell me do i need to pay the complete fee or no. Can I join B without any issues/legal hassles? Will the company C file new H1B (on what basis) . There is an option to have your first H1B visa stamped in Canada. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. This may help a consular office understand that your work does not have potential application for national security or terrorism. i read from various web sites saying generally people go to either MEXICO or CANADA. My wife is expecting and she will not able to travel anytime soon for the stamping. Is it possible to transfer my H1B without any issues? If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. 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. Since i am going in Dec 06, 2010 to Dec 19,2010. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. Is it mandate to get the stamping done and travel to US during the validity period. Also, I am planning to apply for h1b for next year. Is there a final date where I would need to take on my H1B visa? That office now has jurisdiction over your case. i will have to travel to india next month . I got my h1b petition approved filed by my previous employer couple of days back. I think I can work as consultant initially and transfer H1B. 2. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. I am taking appointment for H1b Stamping and H4 visa for my wife. 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. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. thank you. Only your employer can help you with this case. Can I get to continue to work with my current visa status (L1, L2 or OPT)? Yes. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? I had filled H1B first time and was approved in Ocotber 2016. I cant advice on questions affecting your legal stay in USA. Do I need to leave the country ? Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. But, exactly how much is that?. Went for stamping in Hyd and the status is pending. Copyright 2005 2022, MURTHY LAW FIRM. This option is explained here for the benefit of MurthyDotCom readers. Checking the feasibility of changing employer My employer files an H1B cap-subject petition for an F-1 student on April 1st. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Suppose assume that im transferring in next month December. It counts based on effective date or expiry date? You can start working only after the start date on I797 approval notice for new H1 petitions. I am still on my OPT that runs till next year June. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. If my employer file for extension with the start date Jan 2nd 2019. I have not done anything regarding the h1b. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. 1. Or do I need to work with employer Y at least few months? 3. We have applied for the extension and we have got the receipt. I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! A copy of your DS-160 receipt. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . But due to unavoidable situation ,I need to travel to india. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". I think 6 years will start when H1B status is activated. News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. I am currently working with a Client A on contract for a year. However I have a bit tricky situation. What are all the details/documents required for scheduling the interview? Currently I am on F-1 Student Visa. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. Hi Raghu, I have a question regarding H1B visa appointment. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? How do I make this appointment, and with whom? Hi Raghu, I got My H1b approved and started from October 1st, 2019. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. 2. Now my question is after approval how long i can wait to fetch my first job? 2. Based on that the following are the cases that I landed up). Will the H1B come in effect from 10/01/2017 ? 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. It would be of great help if you can answer me the above questions. what exactly this security check and how many days it will take. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. You are right. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. After you change to Company B, you will submit New DS-160 with company B details. 1. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. 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. Thank you in advance. 2. 2. Hi, To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. I cant help you here. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. (or) Am I suppose to have October pay-stub i..e on H1 status. My case is approved for H1 B cap for year 2017. If so, how long does it take to receive the hard copy of approval after the decision is made? Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. You may have different questions with respect to this situation. It got approved on 12/06/2016. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. Please advise what should me the best approach here. I could say that you can get it stamped from another country ( as other have done in the past). You need an H1B stamp to enter as H1B status. 3. Talk to an immigration attorney with new rule about location change. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? Customs and Border Protection (CBP) has implemented an electronic I-94 system. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. kindly help me please. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. Thank you for the answers, Rao and Raghuram! Talk to an attorney https://askanattorney.happyschools.com/. 1. I have received the approval notice which is valid till June 2020. Your employer will provide you the I9 form to fill for them and it's only after your joining! They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. Please advise. 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. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? 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. The H1B visa transfer process is as follows: 1. I think your employer can extend H1B petition up to 6 months before. Would it give problem to me ? The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. Please suggest. If yes, what will be the visa validity he can expect? 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. I can return back to work to the same employer or different employer after few months. I agree with your attorney. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. The student's OPT is valid until November 30th. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. Only when you travel. Let me know what does my status mean . You get the original in 2-3 working days. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. Im on F1 Visa Status currently working in USA on STEM OPT. They would have to file COS from H4 to H1 ( and they can do in Premium). See the questions in there. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Will my extension application be cancelled and do I need to apply again? You dont need stamping. I have a question , http://www.happyschools.com/ask-an-attorney/. And new passport have details of older passport in it. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Thanks in advance! Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. My question: Is there any problem in entering to USA as I am going after one year of approval? Thanks. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. 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 Has any one got H1-B petition approval notice ? 1)My H1-B was filed using I129 in November, 2011. Can Someone please help? I would like to know what would be my options if Id like to extend my petition. Thanks!! But I too am in a same boat, Hey Raghu. So how long does it take to have visa interview (in genaral). Till what period my attorney/employer would receive the i797 approval Mail notice. I hope you will be able to help me. 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). I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec?
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