I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. I dont know if you can start working if online status says approval. So, I think you cant go back. 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 :(. I was trying to go for masters at the same time so I took both chances parallel . Can Someone please help? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. I am also in same situation. If you had approvals in the past 6 years, then you dont count in the lottery. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. 1. And Ill be working remotely. I hope you will be able to help me. Also, I am planning to apply for h1b for next year. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. So what shall we do ? Sorry. I know so many who got benefits from the second degree (completing it). I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Please help. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. Hello Everyone, Can I travel to India in March ? e.g. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. I think your employer can extend H1B petition up to 6 months before. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. Hi Raghu, I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Is i am eligible to stamp by next employer OR my petition is waste. 1. USCIS publishes these figures on a weekly basis. Hi HSB, If you told for me to went there and got the stamp when would you suggest? 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 . I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 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 . You have to talk to a few attorneys to find different solutions and then pick one. document posted to employer and I am a resident of UAE and Indian Citizen, Should 3. wat would be the best option for me to travel to India in this situation. You can consult one from our team https://askanattorney.happyschools.com/. Currently I am getting interview date of March 5th. My H1B visa has been approved and I am waiting for my Stamping. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. My case falls under h4>h1. We have applied for the extension and we have got the receipt. Do I need to get a date from consulate to get H1B Stamping in India? So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. What are all the details/documents required for scheduling the interview? Is the H-1 Visa STAMP required to start the process for Green Card? Raghu , My H1B visa is showing approved now. I have the same doubt. Now in ds160 I have filled new passport details. 1. I m planning to go to USA. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. Then comes H1B Visa approval after a long wait. They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4. H1B Visa petition can be approved with Change or Status or Without Change of Status. The intervening admission to the U.S. does not override this later effective date. Thank you so much for setting up this website and blog. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. 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? U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Checking the feasibility of changing employer My questions are My H1 b petition is approved 2008 June , I didnt went for stamping . I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. There are some exceptions to this rule. We recommend obtaining a new passport with given and surnames if possible. 3. But, if you get denied, Im the one to blame. My applied for H1B through my current employer. 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. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. But, it is maybe good to get it clarified with an attorney. I am searching for consultancy firms who will file my H1B visa. FAQ: International Travel During F-1 to H-1B Change of Status But, theres no status for mailing the notice. Please help! You need an H1B stamp to enter as H1B status. If you continue working, you run the . I would like to know what would be my options if Id like to extend my petition. Hey You will need to submit new ds-160 to update the employer. Or should I choose the drop box option after I get my initial H1 stamped. You can go for H-1B stamping to your nearby American consulate. 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. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. I believe there are some options, but all of them are not ideal. I am Ram. I would wait for the approval notice. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. This option is explained here for the benefit of MurthyDotCom readers. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? 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. I cant help you here. Visa stamping has been expired now. Thanks in advance! Will there be chance for getting stamped if I attend the interview late? For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. my time period exceeds means from india i can Apply my H1B or not. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. They are the right person to help you. And new passport have details of older passport in it. I have plan to visit india march . I am afraid of expiry date, what will be best solution for it . There is an option to have your first H1B visa stamped in Canada. Is there any consequences in the case? Hi, I wont have time to get my visa changed over to H1B during this trip. I have got a valid H1b approved petition from my current employer. I am go to apply for H1 B extension. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. I currently live in the US. Even for my wife the DOB is wroing in the I-797. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. 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. file MTR or appeal. But, exactly how much is that?. One of my friend has the same issue now. 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? You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. 15 calendar days to get the decision. Visa processing times and questions can be stressful at times, thank you for replying to the queries. I think I can work as consultant initially and transfer H1B. Talk to an attorney https://askanattorney.happyschools.com/. Still my application is not approved. Thanks Raghu. 9. can i take got visa stamping with that case ? My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. In this she cannot travel and neither u can extend her i-94 based on ur new petition. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. Question: What happens after your H1B Visa is approved? It got approved on 12/06/2016. I hope i could find an answer to my question . And petition validity is till October 2013. I am in india right now. Should amendment be filed before Oct 1?? I just got my H1B approved. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. 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. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Should I have to appear again for visa count ? If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. Can I get stamping before October 1 and enter the U.S. on H-1B? Could you please tell me how many days it will take for replacement copy of Approval notice. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. 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 . Please suggest. It can take four to six weeks or longer for visa appointments. I have submitted my final evaluation of OPT to my school and they told that my sevis status was not auto complete/update to H1B. (The LCA received is having the old address). 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? i have new employer and will file h1b cap counted next week. Anyone know what is the procedure what we need to follow once we receive acknowledgement? My employer has given me all the documents that he has received from the attorney. My question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? I have got my h1 approved october 20th. Now My employer requested me to come to USA. 1. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? Travel, whether for personal or professional reasons, can be an exciting . thank you. You cancheck visa-waiting times here, and you cancheck consular procedures here. 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. Thanks. My Visa interview is happen on June18th and counselor has taken my passport. Hire Us. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. L1 to H1 with CP. 2. Meanwhile he was unable to attend residency and makeup session class in his last semester. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Now, my current employer is asking me to leave the country as my petition was denied. Only your employer can help you with this case. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo Travel in H-1B Status - Johns Hopkins University As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? So, you can start working immediately. Hi now I am on opt ead and my husband is on f2 status. Copy of your old H1B approval notice and offer letter, pay stubs, etc. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Do I need to go back to india for stamping or can I continue with h1b? and my last day in the organization was 11/16/2018. 2)Got an Approval Status on March, 2012 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 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? For ex. I have a valid F1 visa till 2021. I am a little confused as to when to have my visa stamped. I am working for company A on L1B. Now can go for stamping or not. Currently I am in my home country. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. It is therefore difficult to predict how long the wait will be for each visa issuance. MY H1B employer is OK to work with Dell in Austin. please do let me know. Refer to application form I-129. Close All Open All Cap-Gap Extensions Eligibility for an Extension 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 . My organization inititated HNSC request premium as My current visa will expire by 31Jan . Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? 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. Its taking longer than usual for H1B processing. Suppose if August 2021 this is not stamped then what is the further option? 08 Aug 2022 In 2004, the U.S. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. I got F1 Approval in June. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. within 2 weeks. I have responded to an RFE and am awaiting the final approval, hopefully. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Are some people still awaiting their h1b visa approval? So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Please let me know if this is advisable and if not what are the consequences. Does this mean they sent the reciept that they received our request? Since i am going in Dec 06, 2010 to Dec 19,2010. Could you tell me what happened to you case? Is it possible to continue with my trip to India? L1/L2 extension is also being applied by company. can I travel and come back without any problem? 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? Hi Raghu, 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 am and just want some company in anxiety. Heres a list of documents required for H1B Stamping. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? Looking forwardat your best advice. Hi 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. Currently I am in my post completion OPT. Your employer will provide you the I9 form to fill for them and it's only after your joining! 3. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Will it pose a problem while getting the visa stamped? I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. ), 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. Do we need to visit counsellte again for stamping? The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. If you could pls help answer my below question : 2. And, Does 3 year duration starts from stamping date, or it is from Oct2019? I had started working with my new employer after I had received the petition filing receipt. Does anyone know how long an amendment takes? 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? Is it dangerous? 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. 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? 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 have a question, please guide if you can. My parents are coming to US for a visit. and want to convert my visa to H1B visa next year. Talk to your attorney. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. Your H-1B status is valid until the end validity date of your most recently issued I-94. 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. 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. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. OR Will I have to go for stamping to stay in the country? I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. No I9 and I94 are different. Some people are waiting in India without having an opportunity to travel with H1 approval. 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. Is there any risk involved in it? Let me know if you have seen this before. 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. I just wanted to know the risks in traveling to India now. 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. Thank you. Thanks!! I got my h1b petition approved filed by my previous employer couple of days back. But now new i94 , my first name : fnu and last : xxx yyy, I went to apply SSN but they were not able to see my records. How to Apply for H1B from H4 Visa Status. Yes Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). 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. is this usual? As I was with F1 status and it will finish from Sept, during one month I dont have no status. 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 ..??? 1)i have opt extension up to 2018 july is still valid or not?? Please can you share pros and cons for both the options or are they correct options to chose. I came to india and got H1B stamp in my Passport valid until September 2012. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. 6. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Thanks. Please advise so that i can plan accordingly. Im in H1B Status now and planning to transfer to new employer. Since then I have acquired alot of helpful information that has helped me tremendously. Can I transfer my H1B without working with employer Y before October. And now his petition is getting expired in july 2011.