If you have your H-1B approved, have to get the H1B stamp before entering America. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). 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. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. My friends are telling like she should give some 221G atleast if she needs to hold approval. 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. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? You cancheck visa-waiting times here, and you cancheck consular procedures here. For some personal reason, I am quitting my job with present employer( who filed my h1b). But during H1-B stamping what should i defend, if questioned about this? The DOB is in the new I-94 which is at the bottom of the I-797 document. Activation of my h1b is October 1st 2016. I have already used my OPT and OPT extension. So its always best to check with a consulate first before booking for visa interview date. Its would take less than 30 minutes to get a new DS160. Will my visa become invalid or will it still be valid after few months? In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. My spouse live outside of US. with the application itself. But company x filed my petition when I was in place A and two months it moved me back to place B. What is Premium Processing? I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. Whether my H1B will be denied etc? Looking forwardat your best advice. If this happens, please contact us so we can discuss how to maintain and extend your status. I am filing my H1b in April 2017. But : My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. 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 And, Does 3 year duration starts from stamping date, or it is from Oct2019? I am looking to file H1 visa. Please contact our office before making travel plans. Thanks -Padraig. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? How long does it take to recived the hard copys to my petitioner? My case falls under h4>h1. 1. What happened ? I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . I know so many who got benefits from the second degree (completing it). All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. But, it is maybe good to get it clarified with an attorney. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? Is it mandatory to get the H1B VISA Stamping after the H1B is approved. Is it ok, if I stamp my visa first and then my wife and kid go later on. I think 6 years will start when H1B status is activated. an assumption, I have authorized CPT and went to India on vacation. My OPT is valid until October 12th. 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. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. During this period, prospective petitioners and representatives can complete and submit . You should consult an attorney to see what options you have. Check the Processing Time, usually, H1B and H4 gets approved at the same time. I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. 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 my question is can I change my employer in May/June immediately after getting approval ? My case got recently approved. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. Let's look at how it works and why USCIS will abandon your COS application. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. I am scheduled for a business trip from Sep 27th to Oct. 6. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. You will be fine. Current Location India But I am considering the former option. Not sure, why they have to say H1 cant be extended. 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. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). I am awaiting for documents from my employer. 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. Current Status OPT Your article mentions that we can reenter the US only after October 1st. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. 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. Please let me know, Hi Is there a way I can reenter the States using my current F1 visa? H1B from withon previous 6 years will not count under Cap. To provide more details; (I have the option to chose two different places. 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 would appreciate any advice on our case. This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. Please reply ASAP! I would like to know if this will cause any problems when i go to India for my H1 Stamping?? 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? H1B Visa petition can be approved with Change or Status or Without Change of Status. I am currently in same situation. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Or, do I need to wait until I receive the hard copy of approval from USCIS? ), 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. Will there be any issue with that on stamping. I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? Now things here are going good so thinking to change to new client and new location again. Only when you travel. I am currently working as a full time employee Programmer analyst in e-verified company. L1/L2 extension is also being applied by company. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . USCIS approved my I-129 form a day before Trump announced federal hiring freeze. As you said, many of us are still awaiting the H1B approval. In the past, this was an option, but currently, only visa renewals can be done in Mexico. I ll be grateful if you can guide me for this. Or, are there still any possibilities to be rejected? Does this mean they sent the reciept that they received our request? This includes changes in work location, salary, and job duties. However getting visa appointments in India is also hard so you just pick your poison I guess. 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. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. Can i still get my H1B stamped? Please advise. Has any one got H1-B petition approval notice ? Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. or It was just a coincidence and my petition was approved on the same day using normal processing ? Thanks for the detailed reply. It will say Post-Decision Activity. 3. I need to travel to India by this month end. I just wanted to know the risks in traveling to India now. Should amendment be filed before Oct 1?? I have both passports with me. Can I have my first H1B visa stamped in Canada? 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. My H1B has been approved and i am staying in india. Hi Raghu, 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Please hel me if some one knows the rule of H1B Visa. I have plan to visit india march . Still my application is not approved. Now again i am filing H1B. 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. 3. what happens if i leave US before october and couldn come on time. I live outside of the US, and only 10 days to find apt and get ready to work?? My employer applied my H1B on 4-4-2010. it is still in pending.my question is. Hi Raghu, In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. Will there be chance for getting stamped if I attend the interview late? 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. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). ?Could you please advice me on the same? 15 calendar days to get the decision. Would my H1B visa expire at some point if I do not adjust my status? I have applied for premium H1 extendion this week. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. Once you are in US ask the new employer to file for COS with I94, 2. Depending on your status change. Is that realistic or did we mix things up? H1b extension is taking about 5 months for regular processing. (same sate). NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. 1. Now I have a tricky time my current client offering full time. Hi !! If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. Refer to application form I-129. My H1B Status still in Received status, what should be the deadline time to change the statues? (Shilpi says: December 3, 2011 at 1:42 AM). I was trying to go for masters at the same time so I took both chances parallel . How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. 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. 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. 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. I have responded to an RFE and am awaiting the final approval, hopefully. 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). You may begin work for an employer while your application for a Social Security Number is pending. How to Apply for H1B from H4 Visa Status. 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. 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. ( There is a requirement of paystubs please check with some expert on how many ), 4. So, I think you cant go back. 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 live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Can I put resignation and wait to join other employer ? to transfer you need the approval and EAC #. I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. I have not spent a single day of H1B employment with my petitioning employer. Hi, Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. Or my H1B has to be stamped in my passport to be eligible for employer change? Always consult an immigration attorney to get your questions clarified. So, will my last year case have any impact on this year, as I didnt go last year. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. It will be bumpy ride. And petition validity is till October 2013. Can Someone please help? During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. 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. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Its very helpful. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? You should check if Transit Visa is required for Paris. My employer saying till january I may have to wait. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Now my employer wants to apply for change of location, so I want to understand that once my company applies for an amendment to change location and it is approved, do I need to go to my home country to get it stamped or it is not required until I go outside US? Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. I have the copy of the police report that was filed when I lost my passport. Thank you in advance. My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. If my husband visa gets approved by nov15, do I need to wait for the documents? I got my H1B approved in 2013 and stamped in 2015. If yes what is the procedure? I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? 3. wat would be the best option for me to travel to India in this situation. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. 1) I had received RFE. They are the right person to help you. Is their a validity associated with it. So can I continue working on my L1B visa till will get new project from this third party consultancy ? Ask your attorney or submit this via Ask an attorney by Email. Your employers attorney should have given you these details. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. I have a question about changing of visa status. The increase in enrollment is due to the removal of travel restrictions . As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. 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. I am in US on F1 visa now. 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 Hire Us. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? The H1B visa transfer process is as follows: 1. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Any help is appreciated. Any necessary supplementary documentation that may be necessary. I have got a valid H1b approved petition from my current employer. 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. No you cant. Plus, check to make sure your H1 is not withdrawn. My H1B has been approved and I am currently in USA. i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? I know that Oct. 1st my status will change from F1 to H1B. Visa processing times and questions can be stressful at times, thank you for replying to the queries. Any people in my situation and got information regarding this,help please. Now my question is after approval how long i can wait to fetch my first job? You should ask the same questions to an Immigration Attorney. My case is approved for H1 B cap for year 2017. whether can I come back to US? But, exactly how much is that?. I am on F1-OPT, and my H1 gets valid from Oct. 1. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. or we are good to travel with updated LCA. That will answer all your questions . 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. I just got this notice, but does it mean I got approved to technically be H1B status? So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? I still did not receive my Can you please help me with this? I think I can work as consultant initially and transfer H1B. My parents are coming to US for a visit. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. Do we need to visit counsellte again for stamping? 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. I know there is recession there in US, but in my case the reasons for not being able to land there are different. 2. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. All the numbers I try online dont help. Or do I need to work with employer Y at least few months? In the question posed, the petition and the change of status had been approved before the person departed the U.S. How this H1B visa be utilized in these two cases: I got my visa Approved under Premium Procesing yesterday. Not advisable . 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. 1. What should be the next steps for me ? Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. are there any issues? Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. Second How tough to get H4 Visa? OPT should be still valid Hi now I am on opt ead and my husband is on f2 status. Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. My friend wanted to take the legal action he is having all the proof when the money transfers etc. My H1 got approved in August. My H1B(i797) Got approved on may 17th, 2016. 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. I have valid H1b petition until 2014. I would need to H1B, F1 respectively. Please suggest. 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?? Lets say if my application picked up in lottery and Ill get result in May/June. Hi Raghu, You have to understand the concept of H1B Visa and Change of Status. Can I get stamping before October 1 and enter the U.S. on H-1B? Is client letter mandatory while attending H1B visa stamping. I am already in the US. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? If I leave my current employer, then Can I get it stamped on my own/new employer/US company? If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. Ive never done any studies here in US/Canada and Im from India. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. I've received all H1B related documents from my employer. 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. 1) You need to enter petition no in ur wifes DS160 . Hi Raghu, I have a question regarding H1B visa appointment. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. 2. I dont know if the start date will be Oct 1 or day when they approve the petition (after Oct) and it doesnt really matter. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Please share on who did you handle that circumstance? Please contact our office before making travel plans. 2. or can I travel after my acceptance of H1B. Am I considered out of status ? Travelling outside US when H1 B is under process is that a problem? My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. I got my first H1B approve in Sep 2011 for 1year. 2. My employers attorney has filed a service request too with USCIS, but no updates yet. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. even if my h1b is for a non-profit institution ? 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 I get to continue to work with my current visa status (L1, L2 or OPT)? 5. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status.