I was working on h1b visa in usa from 1-2 years for same client. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. Documents related to your H-1B petition. This year if I want to go for a job or higher studies in US. Also after receiving my I797 notice, can I go and apply for SSN? I am filing my H1b in April 2017. My new employer has filed the H1b transfer in October 05 2015. Visa Validity Ideally how much time it takes for the approval notice to reach at our end? I am on F1 Opt working for a company. Education US or non US ( there are certain quota for US Masters Degree or PHD students). 1. Can i approach a different employer with same petition number to proceed with my H1B stamping. Does it help for any cap exempt? Would i have to explain why there is a gap between my approval and commencement of work? If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Is it possible to continue with my trip to India? Hi, Questions affecting your status should be answered by an attorney. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? I am currently living in USA and working as a full-time employee with the same employer for 2years. Can I travel to home country and return without getting my H1b stamp? Is the H-1 Visa STAMP required to start the process for Green Card? 2. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. I have sent them my approval notice also. If yes how.? I would like to know if this will cause any problems when i go to India for my H1 Stamping?? 3. Need to go for stamping to activate my visa. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). USCIS approved my I-129 form a day before Trump announced federal hiring freeze. Post the question to Attorney Murali via Ask an Attorney. If your application for H1B transfer is approved, you can continue with your job. e.g. I am in US on F1 visa now. Could you please provide the procedure in this case. Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. Mine got approved on 12 Nov, Still waiting for 797. I know that Oct. 1st my status will change from F1 to H1B. You will eventually need H1 stamped right? Anyone know what is the procedure what we need to follow once we receive acknowledgement? Here I got some confusions.. 1. I applied for a new passport in the Indian embassy in the US and have reported the lost passport to the US consulate in India. Total stay in US- Never been to US I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? Actually I have my H1B ammendment filed for relocation and it is in progress. But my Visa Petition status is showing active and approved. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. Please let me know on this. 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 to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. She came to US in H4 Visa in 2009. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. Due to some reasons their department HOD is not going to sign the OPT form. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. I never traveled to US before. I have valid H1b petition until 2014. Please let me know, Hi So can I continue working on my L1B visa till will get new project from this third party consultancy ? H-1B Specialty occupation Extension of stay in the U.S. There will be a visa fee of at least $190 for each machine-readable visa issued. 1. Went for stamping in Hyd and the status is pending. 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). Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Case details: After going there i would like to change my status to H1B from F2. I would appreciate any advice on our case. Hi Raghu, Also, i have a b1 from the present company. I am afraid of expiry date, what will be best solution for it . I feel really frustrated by all this bureaucracy. I have a question , Will he be able to go and attend the stamping? You can go for H-1B stamping to your nearby American consulate. Nationality- Indian But my attorney filled the form incorrectly. You have to get the documents first. when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. If it was a coincidence then my petition was approved using normal processing and I should get my money back. I have two queries in regard to stamping. It is therefore difficult to predict how long the wait will be for each visa issuance. Company B is a consultancy company. (same sate). Next Steps After H1B Visa Approval - Change of Status or Stamping 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. 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. Why are you giving incorrect info? 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. We got new client new location so filed amendment. 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. They may refile or do a MTR. Theres no wait time. 1. You will fill DS-160 as if you are going to attend an interview with Company A. hi Raghu My question is what are the consequences of not having the visa stamped immediately. Now, my current employer is asking me to leave the country as my petition was denied. Please suggest. My H1B visa is showing approved now. Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. Hi Raghu, As there are not much requirement during November and December month. If this happens, please contact us so we can discuss how to maintain and extend your status. Hi HSB, Stamping before OPT expires Thanks for the detailed reply. If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? but what will happen at the time of stamping.? Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. What are the time lines for this modification?? Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? I live inside USA and I have valid status. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Hi 2. So he could start working again at least until April 2020. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. 3. wat would be the best option for me to travel to India in this situation. Your employer will provide you the I9 form to fill for them and it's only after your joining! or reasonably safe to do so ? 2. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. I just wanted to play safe and avoid going for stamping in this trip. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. Hi, But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Can I have my first H1B visa stamped in Canada? Go for stamping and did you ask your employers attorney? Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. I got my H1B approved for the year 2012. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? My employer files an H1B cap-subject petition for an F-1 student on April 1st. Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. Thanks!! I was thinking of traveling to India to get the stamping in the month of November. same office location but the new address of residence is in different county. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. I got F1 Approval in June. Same company, same role. Should amendment be filed before Oct 1?? Some people are waiting in India without having an opportunity to travel with H1 approval. H1B Petition approved but I-94 is not updated - Immihelp 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? My employer is saying security check is going. Ganesh Thanks for highlighting it out. Hey Please schedule a 15 minutes call. Ive tried the CDN immigration website. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. 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?? 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. Can I try for H1B transfer from here in India itself? It counts based on effective date or expiry date? We sent you a notice that explains why we moved your case. Please also be sure to email us a copy of the I-94 printout for your file. Hello, Please hel me if some one knows the rule of H1B Visa. We cannot complete the DS-160 for you, but we are happy to answer any questions. They are going to apply for h4. Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. You can consult one from our team https://askanattorney.happyschools.com/. People are still waiting for H1B results filed in April 2015. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. I was on F1 and recently changed from F1 to HIB. Is there any dependency of result of one amendment on the other. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). H-1B Change of Status - Immihelp For some personal reason, I am quitting my job with present employer( who filed my h1b). I joined them in 2018 when I was on F1 . One of my friend has the same issue now. I travelled India when he was on H1 status and I do have visa stamping till March 2019. My company applied for the H1B but are now saying that there are no projects. My spouse current status is H4 EAD. However, the USCIS has generally applied the analysis contained in the letter since 2004. My L1 is valid until Jul 2012 and H1B until Nov 2012. 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.