currently iam in USA I came to india and got H1B stamp in my Passport valid until September 2012. You should have the approval notice (I-797) form. Your Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. I am bit worried on this status, can you please help me to understand this status. 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. Should I have to appear again for visa count ? 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. Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? 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. Total stay in US- Never been to US Am I considered out of status ? I wanted to visit home before I start my job. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Now, I am wondering if I am unable to get the above position. Hi , pls help. My question is what are the consequences of not having the visa stamped immediately. My H1B visa has been approved with a change in status (F1 to H1B). My H1 stamping was expired and my currrent petion is valid up to Jan16. So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. My new employer has filed the H1b transfer in October 05 2015. We have applied for the extension and we have got the receipt. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. But now the requirement is not there with client Y. Visa stamping has been expired now. 2> If I join a different employer after 6 months. My extension of H1B i129 was approved last week and I am living within US now. I was working on h1b visa in usa from 1-2 years for same client. I d like to know How long is the approved petition valid for and when last can travel to US ? Is that petition is valid now ? Or should I choose the drop box option after I get my initial H1 stamped. H1B Transfer & Change of Employer - Full Guide (2023) If you could pls help answer my below question : 6. Hi, You have to talk to a few attorneys to find different solutions and then pick one. Am I correct? Only when you travel. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. Or, are there still any possibilities to be rejected? I will NOT be travelling out of the country. Will there be any serious issue duing VISA interview. I got my H1B application approved and also done with the stamping on may 2012 . How this H1B visa be utilized in these two cases: Use the https://forums.happyschools.com/ for Q&A. 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?? Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. i have new employer and will file h1b cap counted next week. PDF Instructions for LS intl f-s in H1B in US - middlebury.edu Do you see an issue with this? After visa is approved, you should get the passport within 3 to 4 days. 1. My employer files an H1B cap-subject petition for an F-1 student on April 1st. And Ill be working remotely. Could it harm my visa to do so? 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?? MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. How far is this info correct? Can i travel India during the H1B processing time.? and want to convert my visa to H1B visa next year. and stamping. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Any help would be appreciated in clarifying the following questions. And petition validity is till October 2013. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. Ganesh Thanks for highlighting it out. 2. Consult and attorney. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo My Lawyer already applied for the amendment, but we didn't get any confirmation from them. I got my H1B approved in Dec 2018 from a non-profit Organization. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? We recommend obtaining a new passport with given and surnames if possible. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. I have plan to visit india march . But I never travelled on this VISA. My friend is going to graduate with MS in the 1st week of may 2013 (next month). Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. You should ask the same questions to an Immigration Attorney. Is her H1B approved on Oct 2008 is till valid ? My case is approved for H1 B cap for year 2017. 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 . Is that ok to start working in regard with my status? 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 Any other Visa (L1 or B1 etc ) NO other Visa 1. But due to unavoidable situation ,I need to travel to india. 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. Ive 4 years work exp. https://askanattorney.happyschools.com/. 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. My H1B has been approved and i am staying in india. You need to ask an Attorney. My H-1B got approved recently as my employer applied it through Bachelor's degree. because i can extend my visa when i am US only. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Can I join B without any issues/legal hassles? Replied Rfe in November , still waiting for results. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . in the US, Im in the same location and same client. They are the right person to help you. 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 . 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. After 30 days, it will have to be done through an extension with USCIS. If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. I still did not receive my Ask it via Ask an Attorney ( through this blog ) I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. If you continue working, you run the . You can go for H1B stamping till the date 60 days before its valid. I am on the place as you are. Also, I am planning to apply for h1b for next year. OPT should be still valid Now My employer requested me to come to USA. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? F1 Visa Expired in July, 2012 But I have applied from third party employer and now due to pandemic situation getting new project is difficult. Can you please tell me what shud I do to correct that ?? You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. 6. Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. Visa processing times and questions can be stressful at times, thank you for replying to the queries. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. 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 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. I am a little confused as to when to have my visa stamped. As you said, many of us are still awaiting the H1B approval. I have got a questions when you received all the documents to get your visa stamped. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. There will be a visa fee of at least $190 for each machine-readable visa issued. My H1B Status still in Received status, what should be the deadline time to change the statues? My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Please also follow any specific instructions on the consular website about additional documents to bring to the interview. 5. Whether my H1B will be denied etc? 1> If I join same employer (who filed my H1B) after 6 months 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? Else when is the earliest to do that?? My L1 is valid until Jul 2012 and H1B until Nov 2012. But company x filed my petition when I was in place A and two months it moved me back to place B. I have been with this employer before my change of status. We dont know what will happen to H4 EAd. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. I am on F1 status , and its valid till feb 2018 . I am already in the US. Im on F1 Visa Status currently working in USA on STEM OPT. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). Could you please tell me how many days it will take for replacement copy of Approval notice. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . My H1B(i797) Got approved on may 17th, 2016. Thats the conversation you should have with your employer and attorney. please let me know how many days before the expiry date i have to reach US. Hey You will need to submit new ds-160 to update the employer. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Instead of checking Change of Status, they indicated that I am outside US. I want to transfer to new employer once i got my 797. After H1B Visa Approval Notice Sent (same sate). My H1 is starting from Jan 01, 2011. My friends are telling like she should give some 221G atleast if she needs to hold approval. You can start working only after the start date on I797 approval notice for new H1 petitions. 1) I had received RFE. I have got my h1 approved october 20th. 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. Iffurther information is needed you will be contacted. 5. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. I am currently working with a Client A on contract for a year. I cant help you here. Please help! One of my friend has the same issue now. Later, you may jump ahead to certain sections. Hi Raghu, after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 ), 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. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. My H1B got approved from dec 31 2015. Do I need to go for stamping again after his H1 gets approved with new employer? My applied for H1B through my current employer. My i129 petition has been approved without change of status from h4 to h1b. what exactly this security check and how many days it will take. This means I will not be able to transfer it to a new employer. First Do i have any problem in visa stamping? my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. If I go for stamping in India for H4b will I have any problem ? I am Ram. 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. How much time will it take? We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. H-1B Travel - National Institutes of Health If you have your H-1B approved, have to get the H1B stamp before entering America. 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? 2) My H1B is filed by employer based in Seattle. Currently I am working for company A and my H1b got picked up this year. 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? Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? Question: What happens after your H1B Visa is approved? 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. You should have the Approval Notice with you. Can I travel outside the US after H1B approval (change of status) but before Oct, . And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. Hi Raghu, Can I travel to India in March ? Did you transfer your H1B to your current client without working with Employer Y? The travel does not invalidate the previously-approved USCIS change of status effective from a future date. You may have different questions with respect to this situation. 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. I would need to H1B, F1 respectively. Thanks for the great information. In USCIS site, my case status was changed to approved on July 16, 2015. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . For ex. 3. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. Talk to an attorney ASAP to know your options. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. If this happens, please contact us so we can discuss how to maintain and extend your status. or reasonably safe to do so ? Does anyone know how long an amendment takes? I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. 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. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. 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". This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. 2. 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. After that, I changed Employer without stamping. i read from various web sites saying generally people go to either MEXICO or CANADA. Do I need to go back to india for stamping or can I continue with h1b? But now I got an offer from company B. I want to join company B instead of A. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. 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. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. 9. What should i do. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Is it possible to transfer my H1B without any issues? If yes how.? If it was a coincidence then my petition was approved using normal processing and I should get my money back. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Ive my client letter, pay stubs, W2 forms everything clean. In 2018 November I had to leave US and (the organization where I was working) because of a family Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. Do I need to get a date from consulate to get H1B Stamping in India? I could say that you can get it stamped from another country ( as other have done in the past). Any people in my situation and got information regarding this,help please. Got the recpiept on amendment but havent heard anything from USCIS. Could you please tell me how much time it will take to receive the Approved petition. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . I have my visa stamped this September and I want to travel in the month of March. kindly help me please. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? Can i still get my H1B stamped? I am on h4 dependent on my husband h1b. I have not gone for stamping yet. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. I feel this might be becoz of the COS as i was not there in US while applying the petition . 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. Can it be fixed before that date ? 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. A: Status changes are handled by USCIS. Will it pose a problem while getting the visa stamped? Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition.