or is that an approval notice? Later in 2010 I come to US on L1B visa. I got my H1B stamping done last year in Sep 2009. What will the case status online if COS is denied and H1b is approved ? Will there be any serious issue duing VISA interview. No I9 and I94 are different. 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. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! The H1B petition is approved on July 1st. Hi Thelist of member countries is here. Hire Us. I would like to know what would be my options if Id like to extend my petition. My start date was March 5th. Plus, check to make sure your H1 is not withdrawn. Were you able to find out whether we can apply for COS or how did you go forward? If this happens, please contact us so we can discuss how to maintain and extend your status. is there any way i can contact USCIS and get to know more about this ? Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? I am not sure how strict the immigration about it. I got a new project with a start date Jan 2nd 2019. Work for Company A generate at least 2 pay stubs and then do the transfer? Yes 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. Stamping is not required unless you leave the country and enter again. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. 1. Hi Raghu, 2)Got an Approval Status on March, 2012 When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Heres a list of documents required for H1B Stamping. Please suggest. Or should I do the same my employer has asked me to do. Can you please tell me what shud I do to correct that ?? In short Yes, but is hat H1 petition still not revoked? I have H1-B petititon approved in 10th October 2010. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. interesting how to apply for dutch passport ? Post the question to Attorney Murali via Ask an Attorney. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. Thanks in advance! Go for stamping and did you ask your employers attorney? It can take four to six weeks or longer for visa appointments. Could you kindly please provide me some guidance on below question? Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. Close All Open All Cap-Gap Extensions Eligibility for an Extension Please follow any instructions on the notice. Question I have is my husband was in F1 and went ahead with divorce. They are going to apply for h4. 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. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. H1B Approval notice sent to employer. But I am considering the former option. Would i have to explain why there is a gap between my approval and commencement of work? 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 found your video really helpful to understand the process. 3. Now can go for stamping or not. 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. can i take got visa stamping with that case ? Visit this page frequently to know the latest updates. Theres no way to update a DS-160 once submitted. Try again few days. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. You can alter the auto-generated information to tailor it for your dependents. Myself Bhanu. Hi, I did not get my master's degree yet and luckly i got my OPT started lasy year. I ll be grateful if you can guide me for this. That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. 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 the same concern being in the same situcation as Shilpi mentioned Ganesh Thanks for highlighting it out. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. 2. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Is there any dependency of result of one amendment on the other. I am on F1-OPT, and my H1 gets valid from Oct. 1. I have both passports with me. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. If Your H-1B Petition Has Been Approved as a Change of Status: My H1 is approved with COS. also one of my friend lost his 221G how can we get the copy of 221G? Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). How this H1B visa be utilized in these two cases: I am on OPT right now till June 2011. 4. My H1 transfer is approved by employer B (new employer) and I received an approval notice. Now I have a valid petition and stamped Visa both valid till Jan-2023. Second How tough to get H4 Visa? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Could I have issues at the port of entry airport because of the H1-B pending? The approval notice shows same i94 number as h4 when she entered the US. You should review all of this information after each H-1B approval. Congrats on your H1B Approval. Will the company C file new H1B (on what basis) . Could you please tell me how much time it will take to receive the Approved petition. My employer is saying security check is going. Copy of your old H1B approval notice and offer letter, pay stubs, etc. You cancheck visa-waiting times here, and you cancheck consular procedures here. Checking the feasibility of changing employer Some changes may require an amended H-1B petition. 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. It is possible to go for stamping from other MNC/consultancy with this details? You can do the math from there. I wanted to visit home before I start my job. 2) My H1B is filed by employer based in Seattle. I entered US 14 days prior to the start date mentioned on my i797. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. 1)My H1-B was filed using I129 in November, 2011. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Some people may have H4 visa or others may have F1 to come back to USA. 3. Please Help. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? Pls reply Hello Raghu, You can confirm the same question via Ask an attorney. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. I have got my h1 approved october 20th. I attend my visa interview from Dubai or India, Kindly advice. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status 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. 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? I can return back to work to the same employer or different employer after few months. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Hello Everyone. 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. Talk to your attorney. Or should I choose the drop box option after I get my initial H1 stamped. 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. Quick question- I received the COS from L1B to H1B two days back. Please let me know what would be scenario. However getting visa appointments in India is also hard so you just pick your poison I guess. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? I went to PAI on 11/18. all the same forms, and interview etc? My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. Your question boils down to one sentence DO you need Transit Visa for France? You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Applying H1: Apr1st 2016, Which one is the better option? My H1 got approved this oct6 from California center. Please correct your article. You cannot choose which status you want to be maintaining. Thanks a lot for the response, Raghuram. i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. 1. Based on that the following are the cases that I landed up). My OPT extension came in effect from 10/01/2016. 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. 2.What are the options to get a valid I-94, without going back to my home country for stamping? The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . But, you would need a valid US visa (other than H1B) to re-enter the USA. Kindly help to understand what are my options in such a case. I am sorry if my above assumptions do not fulfil your case. Any help is appreciated. I have removed parts of your comments. 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. 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. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. My case falls under h4>h1. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Suppose assume that im transferring in next month December. But due to unavoidable situation ,I need to travel to india. But I couldnt get any job because of corono . 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. i9 will be used for your job and visa verification by your employer. My joining date with other employer is after 3 weeks. what exactly this security check and how many days it will take. I have couple of questions? Sorry, They gave Master service agreement and PO copy between them and client. Hi, Suppose if August 2021 this is not stamped then what is the further option? Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. Refer to application form I-129. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". What all documents are required for the stamping? Please help! Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. But i couldnt see my employer sending me for visa interview. But due to some issues I am not traveling and will be travelling in 2021. 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? I have responded to an RFE and am awaiting the final approval, hopefully. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . My husband employer filled for my extension. Do I need to go back to india for stamping or can I continue with h1b? *You do not need to present your original I-797 approval notice at your visa interview. 08 Aug 2022 In 2004, the U.S. I am searching for consultancy firms who will file my H1B visa. You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. You may have different questions with respect to this situation. 3. what happens if i leave US before october and couldn come on time. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? 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. During this period, prospective petitioners and representatives can complete and submit . So when my transferred petition approves i would be having only 4months from the visa expiry . You can apply for your visa stamp in a Third Country such as Canada, or you can apply in your home country the next time you go home. Thank you in advance for your kind understanding and cooperation. Why are you asking questions impacting your status on forums? When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. It counts based on effective date or expiry date? I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. I need to go outside US for visa stamping in order to start working and return back with COS. Its would take less than 30 minutes to get a new DS160. Thanks !! I am afraid of expiry date, what will be best solution for it . I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. My H1 got approved in August. Hi, I have a valid F1 visa till 2021. Im in H1B Status now and planning to transfer to new employer. Im not sure where you can attend the visa interview from. I got married after 10 days of my H1 stamping. My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? As there are not much requirement during November and December month. My question is how many days do I have before I join the work and use my H1B status ? I know that Oct. 1st my status will change from F1 to H1B. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. I am on the place as you are. I came to india and got H1B stamp in my Passport valid until September 2012. OPT should be still valid 2) when can i go for the stamping?? Hello Raghu, My H1B got approved from dec 31 2015. Now My question is. I just got this notice, but does it mean I got approved to technically be H1B status? The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). I am taking appointment for H1b Stamping and H4 visa for my wife. Could you please provide the procedure in this case. Hi !! Hi Raghu, I have a question regarding H1B visa appointment. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. My first trip to Canada will be August 2011. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). 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. 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. I am also in same situation. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. my status showing as below. Please advise. If your visa application is approved it will be processed and mailed/available within 2 business days. My petitioner has sent me WO agreement between petitioner and client for whom I will work. Once I check that my H1B is approved on the internet, can I start to work right away? 9. 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? Can it be fixed before that date ? My employer has filed for H1B amendment for new location. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. But employer says that he has not yet received the 797. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Thanks. My H1B visa has been approved with a change in status (F1 to H1B). While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. Did you transfer your H1B to your current client without working with Employer Y? Thanks for the great information. If H1 done vs CP, then you will stop working when you enter the US on H4. and stamping. Is my petition still valid and can be considered for cap exemption.? 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 . I would need to H1B, F1 respectively. Please answer this question My H1B visa is showing approved now. 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. It would be of great help if you can answer me the above questions. My passport is changed after I applied my H1B lottery due to spouse name addition. kindly help me please. Use the https://forums.happyschools.com/ for Q&A. I have got a valid H1b approved petition from my current employer. Stamping before OPT expires Please respond. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? 6. Its very helpful. Questions about affecting your status should be posted to an Attorney . Will that be enough to show employer and employee relationship or still end client letter is required ? I have my new passport with me. I have two options below. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. I have an H4 visa and live in USA. @Fanny We don't provide legal help. Your email address will not be published. Should I have to appear again for visa count ? 1) I need to travel to India between April and July, will there be any issue? I will started working with new employer next month . My L1 is expired for company A with valid I-94. My case got recently approved. But now the requirement is not there with client Y. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). If your application for H1B transfer is approved, you can continue with your job. I live outside of the US, and only 10 days to find apt and get ready to work?? If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? I am awaiting for documents from my employer. We are currently stating in US. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. My petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. 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. This option is explained here for the benefit of MurthyDotCom readers. Please post your question in Q&A section. Can my employer file for an extension considering that I havent entered the USA with the initial/current petition and do we have to file for an extension before current one expires considering that I havent entered the USA? I am currently in India, I got my H1B Picked and yet to be approved. Need to go for stamping to activate my visa. 1. I know so many who got benefits from the second degree (completing it). are there any issues? My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. Will he be able to go and attend the stamping? 2. 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. please help. Will this be ok? I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? I am in the middle of finishing my last semester of school. 1. 2. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. Now things here are going good so thinking to change to new client and new location again. Did you get the answer of yr question? Current Status OPT But my attorney filled the form incorrectly. I had not scheduled my visa interview, and I didnt join that company. It takes few days for the Database to sync between I-94 and DMV. Is their a validity associated with it. You will need to talk to an Immigration Attorney for your situation. So what shall we do ? Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA.