I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Why are you hesitant to renew your passport? Yes Hi Raghu, So, I think you cant go back. My employer saying till january I may have to wait. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Mine is a tricky situation. Can i apply for the H1 B visa NOW?? My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. 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? They may refile or do a MTR. My L1 is expired for company A with valid I-94. 3. 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 !! 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. I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. Any necessary supplementary documentation that may be necessary. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . I have received i797c notice of approval. Can Someone please help? All Rights Reserved. As there are not much requirement during November and December month. 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. I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. 1. Ask it via Ask an Attorney ( through this blog ) 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 change of status wasn't approved, so I will have to leave and get my visa. A copy of you VAC-stamped DS-160 confirmation page. as supporting documents, if asked. Talk to an attorney and figure out the plans and status. 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 I have the copy of the police report that was filed when I lost my passport. My situation is similar to yours. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. Since then i am in india, and did not attend US consulate for stamping. If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? Updating the address in USCIS website is sufficient or anything else is required? I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. However getting visa appointments in India is also hard so you just pick your poison I guess. Can i travel India during the H1B processing time.? My start date was March 5th. In 2004, the U.S. Accurate I-94 records control your lawful status: they are very important. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. 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 . If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. My case status is as follows: 1. 3. Refer to application form I-129. Instead of checking Change of Status, they indicated that I am outside US. Is it mandate to get the stamping done and travel to US during the validity period. 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. 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. So, the question posed is whether, after the international travel, the previously-approved change of status from F-1 to H1B, with an effective date from October 1, 2022, is still valid, or is the last action considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on September 6, 2022. I am on the place as you are. If yes how.? (Regular processing). chessmojo 1 yr. ago. Can he transfer Visa or will apply new visa? Has any one got H1-B petition approval notice ? My H1B visa has been approved and I am waiting for my Stamping. I am still waiting for I797 from my company A. 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. 3. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. 1. 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. 5. But : I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. or can I go to any country to get H1-B stamping ? If yes what is the procedure? There many waiting to attend interview who got H1B approved last year. OR You dont need stamping. pls help. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. Will there be any issue with that on stamping. I am currently in US on L1 visa and checking options to moving to h1b visa. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Thanks. All the numbers I try online dont help. My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). If Your H-1B Petition Has Been Approved as a Change of Status: I have a question about changing of visa status. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. I94 validity and with what Visa Type But my Visa Petition status is showing active and approved. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. I have responded to an RFE and am awaiting the final approval, hopefully. When should I go for stamping looking into the current corona situation. 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. It seems in either of the two cases I have to attend the visa interview in the home country. 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. Thank you so much for setting up this website and blog. Can i approach a different employer with same petition number to proceed with my H1B stamping. Is there any company who can do H1 B visa can just reply me. Is her H1B approved on Oct 2008 is till valid ? 3. My H1 b petition is approved 2008 June , I didnt went for stamping . 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. I got my H1B COS from F1. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. If your employer is not giving the letter, then you have to go with what they have given. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? There are some exceptions to this rule. Now my question is can I change my employer in May/June immediately after getting approval ? Also, I am planning to apply for h1b for next year. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. Before you may visit the United States on an H1B visa, you must get a physical copy of your approved H1B's i797 and apply for an H1B visa at a . Please advise. If you have your H-1B approved, have to get the H1B stamp before entering America. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. My petition got approved. It takes few days for the Database to sync between I-94 and DMV. Approved H-1B Visa Petition with Change of Status. Copyright 2005 2022, MURTHY LAW FIRM. Based on these facts, the change of . When he asked to return the money they are not willing to do so 1. You cannot choose which status you want to be maintaining. Hi, Hire Us. 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. We cannot complete the DS-160 for you, but we are happy to answer any questions. Thanks -Padraig. I m planning to go to USA. You have to be worried only if are doing anything wrong. 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. My question is what are the consequences of not having the visa stamped immediately. I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. Your employers attorney should have given you these details. So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? You should check if Transit Visa is required for Paris. Based on that the following are the cases that I landed up). Hello Now i am leaving current employer which files H1B & joining another employer. I've a similar situation. You don't have any gap. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? What are the options available for me to go for stamping for change of visa status? I am currently in India, I got my H1B Picked and yet to be approved. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. If so, how long does it take to receive the hard copy of approval after the decision is made? My Visa interview is happen on June18th and counselor has taken my passport. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? 2. Please contact our office if you would like to initiate a permanent residence application. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. I m doing Msc biotechnology. If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. 2. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Education US or non US ( there are certain quota for US Masters Degree or PHD students). Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Still the status show it is under review, I am not sure what is the processing time in general. In USCIS site, my case status was changed to approved on July 16, 2015. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. I had filled H1B first time and was approved in Ocotber 2016. Hi, Replied Rfe in November , still waiting for results. Same company, same role. By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? Unfortunately, there is no empty pages left on my passport. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. Then link the new DS160 to appointment confirmation (via travel docs). My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Any help would be appreciated in clarifying the following questions. if so, what should I do for a month? If you live outside the United States, you can schedule your H1B visa interview. 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. Please help! Or go with the existing Ds-160 and show them the approval notice when questioned. Thanks. 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. are there any issues? A reciprocity fee may also be required. Later in 2010 I come to US on L1B visa. #2 Change of Status DENIED Is the embassy open and is the next step to fill DS160? The H1B petition is approved on October 27th. There are two steps involved in changing visa status from H-1B to F-1. If travel is required, advance planning and early visa application are critical. But my client job can be terminated before visiting India by Oct10,2016. Will there be any serious issue duing VISA interview. i have new employer and will file h1b cap counted next week. They are going to apply for h4. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). thank you. I have my new passport with me. Hi Raghu, I think I can work as consultant initially and transfer H1B. Thelist of member countries is here. 1)Do you think my visa can get transferred to company B?? Work for Company A generate at least 2 pay stubs and then do the transfer? How this H1B visa be utilized in these two cases: Let me know what does my status mean . If your application for H1B transfer is approved, you can continue with your job. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). I would need to H1B, F1 respectively. You dont necessarily have to start working on the start date. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. whether can I come back to US? Can you please tell me what is the percentages of cases still approval pending with USCIS. Mine got approved on 12 Nov, Still waiting for 797. Will company B create any problem for me? Am I correct? Please let me know. My start date mentioned in the petition was Nov 1. Are some people still awaiting their h1b visa approval? or will it be a new h1b and i will be placed in lottery? My employer resubmitted documents and USCIS received it within the RFE response date. I have a question, please guide if you can. Is there a way I can reenter the States using my current F1 visa? I would wait for the approval notice. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Talk to an immigration attorney with new rule about location change. 2. I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. Would i have to explain why there is a gap between my approval and commencement of work? I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). 2023 Murthy Law Firm. within 2 weeks. 1. Going to Canada for my H1B stamping a good option? I am currently in Singapore. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. I have received the approval notice which is valid till June 2020. Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. I travelled India when he was on H1 status and I do have visa stamping till March 2019. Looks like you have figured out the best path and as you said, theres no ideal option. But I havent taken ay next step considering the COVID situation. e.g. Else, it can take months and theres not time limit. Second How tough to get H4 Visa? 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. 1. The original I-797 approval notice. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. Hello Raghu, Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. 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. I must have to visit India from Dec2 -Dec28. What is the grace period to file the COS now? Will the company C transfer H1B (I dont have pettion copy or approval notice with me) How far is this info correct? 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? I was on F1 and recently changed from F1 to HIB. Please also be sure to email us a copy of the I-94 printout for your file. Is there any dependency of result of one amendment on the other. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. H1B Approval notice sent to employer. Another option is to renew my passport and submit application that way. My H1B has been applied from an MNC and it got approved. reagards He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020).

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