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Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Got the recpiept on amendment but havent heard anything from USCIS. I am in India. Dont try to save on FICA taxes . Theres no way to update a DS-160 once submitted. Will that be enough to show employer and employee relationship or still end client letter is required ? Now can i use my b1 to go to US and stay there with the H1b Approved petition ? OR approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. Even when I work in consultant, is there any process that should be completed before I travel from India. I started working since 6 months in pretty big company. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. I have my visa stamped this September and I want to travel in the month of March. 5. Same steps as applying for new Visa. How do keep it active? 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. Or should I choose the drop box option after I get my initial H1 stamped. this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. Nevertheless we would like to stay and work in the US. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. How this H1B visa be utilized in these two cases: I feel this might be becoz of the COS as i was not there in US while applying the petition . I know so many who got benefits from the second degree (completing it). ( There is a requirement of paystubs please check with some expert on how many ), 4. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. 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? Will my visa become invalid or will it still be valid after few months? All the numbers I try online dont help. 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. 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. Also, please suggest if people are getting their H1B approved? 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. I found your video really helpful to understand the process. Congrats on your H1B Approval. Dose the h4 extension approval usually takes this long after the h1b is approved ? If you told for me to went there and got the stamp when would you suggest? Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. Currently I am in my post completion OPT. Please set aside time to complete this form. I have couple of questions? Your Attorney should give the list of documents. I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. Is it possible to transfer my H1B without any issues? reagards 1. A: Status changes are handled by USCIS. In the past, this was an option, but currently, only visa renewals can be done in Mexico. Anyone know what is the procedure what we need to follow once we receive acknowledgement? A reciprocity fee may also be required. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. I am applying for H1B COS on 01-APR-2017. Or go with the existing Ds-160 and show them the approval notice when questioned. Please suggest me. https://www.happyschools.com/ask-an-attorney/. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? What all documents are required for the stamping? 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Be practical. So they requested a data fix to SEVP to fix my SEVIS record. case created:15th June, Case updated:18th June. 2. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Talk to your attorney. 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. The increase in enrollment is due to the removal of travel restrictions . From April 1 your status will be H1. Now things here are going good so thinking to change to new client and new location again. I was working on h1b visa in usa from 1-2 years for same client. please do let me know. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Unfortunately, there is no empty pages left on my passport. I was trying to go for masters at the same time so I took both chances parallel . Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Please post your question in Q&A section. as supporting documents, if asked. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . In this she cannot travel and neither u can extend her i-94 based on ur new petition. It will say Post-Decision Activity. I have got my h1 approved october 20th. I just wanted to know the risks in traveling to India now. But, you would need a valid US visa (other than H1B) to re-enter the USA. Shanvi. That will answer all your questions . You need to ask an Attorney. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. Hi, I have one more offer from company C, My question is 1. This analysis was provided by the USCIS in the form of letter guidance. My H1B Status still in Received status, what should be the deadline time to change the statues? You should try to transfer before they withdraw. Your email address will not be published. Now I have a tricky time my current client offering full time. because i can extend my visa when i am US only. My current H1B visa expiring in 31 Dec 2016. Can you please tell me whether we can go to stamping with this ammendment details. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. Thanks, H1B Visa petition can be approved with Change or Status or Without Change of Status. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. You have 3 options. My H1B has been applied from an MNC and it got approved. I just got my H1B approved. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. I got my h1b petition approved filed by my previous employer couple of days back. My Visa interview is happen on June18th and counselor has taken my passport. So can we file one more amendment without any issue when the previous petition is still in progress? How long can it be allowed/valid to be stamped? USCIS publishes these figures on a weekly basis. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. Can i apply for the H1 B visa NOW?? If you have your H-1B approved, have to get the H1B stamp before entering America. as i will be traveling to my home country that time. She came to US in H4 Visa in 2009. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 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. P.S: also my husband will join me in the US. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Travelling outside US when H1 B is under process is that a problem? It can take four to six weeks or longer for visa appointments. 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. And, Does 3 year duration starts from stamping date, or it is from Oct2019? I entered US 14 days prior to the start date mentioned on my i797. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). Do I need to leave the country ? Thank you in advance. We recommend obtaining a new passport with given and surnames if possible. currently iam in USA Now again i am filing H1B. Should I go to my home country for H1-B visa stamping or it is too risky for me? 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. Hello Everyone. I have only LCA ETA form 9035 & 9035E. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. I just want to know what all documents I have to collect from my employer. Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. This processing can take several weeks. In 2018 November I had to leave US and (the organization where I was working) because of a family But the location where i want to go for work is different state than the petition filed for a different state. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? Can i approach a different employer with same petition number to proceed with my H1B stamping. Hire Us. 6. If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. This means I will not be able to transfer it to a new employer. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? I have been with this employer before my change of status. When should I go for stamping looking into the current corona situation. You will need to talk to an Immigration Attorney for your situation. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? As you said, many of us are still awaiting the H1B approval. 1. 1) I need to travel to India between April and July, will there be any issue? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. I have the same doubt. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. I did not have petition copy with only i have WAC no. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. I joined them in 2018 when I was on F1 . Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. Need to go for stamping to activate my visa. I have valid H1b petition until 2014. Can I try for H1B transfer from here in India itself? I think it will be extension of status and its gonna take 7 months in regular processing in VSC. My H1b got approved for Fiscal year 2015 on 5th Dec,2015. 2. You will eventually need H1 stamped right? Start with your employer, employers attorney, if no you can ask via email. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? I also got a 5 motnhs gap in my OPT period. Company B is a consultancy company. Talk to your Employers attorney. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. ( OR) On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. I have plan to visit india march . What are all the details/documents required for scheduling the interview? Only your employer can help you with this case. I am currently living in USA and working as a full-time employee with the same employer for 2years. But, if you get denied, Im the one to blame. You can start from here https://askanattorney.happyschools.com/ I got my visa Approved under Premium Procesing yesterday. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? 5. 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. Hello, let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. I travelled India when he was on H1 status and I do have visa stamping till March 2019. Check with your attorney or https://askanattorney.happyschools.com/. I am currently in US on L1 visa and checking options to moving to h1b visa. You cannot choose which status you want to be maintaining. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? 2. Then link the new DS160 to appointment confirmation (via travel docs). I just got a new Job Offer, is H1 transfer now a good idea? That office now has jurisdiction over your case. They would have to file COS from H4 to H1 ( and they can do in Premium). Still my application is not approved. Go for stamping and did you ask your employers attorney? I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. 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 applied for H1-B in 2007 and it was approved. Your question boils down to one sentence DO you need Transit Visa for France? My H1B visa has been approved and I am waiting for my Stamping. My attorney told you can get stamped anytime before your STEM OPT expires my question is. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I am searching for consultancy firms who will file my H1B visa. 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. Else, it can take months and theres not time limit. You cannotify USCIS of any change of address online. Hi, 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 soon I can change my employer ? If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. There are two steps involved in changing visa status from H-1B to F-1. Customs and Border Protection (CBP) has implemented an electronic I-94 system. The H1B petition is approved on October 27th. Which category does this come under. The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. What is Premium Processing? Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? Hi Arun, http://www.happyschools.com/ask-an-attorney/. 2. 3. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. H1B will have a start date, so you can enter upto 10 days before the start date. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. My Green Card process may start early next year. Can they apply before October 1? 4)Can the new company utilize my approved petition? 2. I have a question , 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. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? 2) My H1B is filed by employer based in Seattle. Thanks !! I just graduated with Bachelors in Computer Engineering from a US university this august. What are the options available for me to go for stamping for change of visa status?