I have a question , I am currently in US on L1 visa and checking options to moving to h1b visa. So did you apply for STEM extension? You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? If it was a coincidence then my petition was approved using normal processing and I should get my money back. 1. 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. I would like hear about your experiences or your advises on H1B visa stamping in Canada. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Case 2: Dhara My Green Card process may start early next year. Any other Visa (L1 or B1 etc ) NO other Visa While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. 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 My passport was stolen on 05/28/2017 in Los Angeles. 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. Hi , You will need to talk to an Immigration Attorney for your situation. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Now again i am filing H1B. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). 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. Whether my H1B will be denied etc? hi Raghu As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. Case 1: Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. Also, I am planning to apply for h1b for next year. Need to go for stamping to activate my visa. But, if you get denied, Im the one to blame. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Please share if you get any answer so to your question. Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. 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. What are all the details/documents required for scheduling the interview? Nevertheless we would like to stay and work in the US. Can I get to continue to work with my current visa status (L1, L2 or OPT)? 2. After your H1B Visa is approved, you have to follow the path back from USCIS. Will the H1B come in effect from 10/01/2017 ? If you have a pending extension petition . Some people are waiting in India without having an opportunity to travel with H1 approval. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. If you move before you receive the notice, call customer service at 1-800-375-5283.. Or go with the existing Ds-160 and show them the approval notice when questioned. Were you able to find out whether we can apply for COS or how did you go forward? Employment duration with present employer 6 months. My H1B visa has been approved and I am waiting for my Stamping. Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). Stamping is not required unless you leave the country and enter again. H1B will have a start date, so you can enter upto 10 days before the start date. Hi Raghu, Should amendment be filed before Oct 1?? You will fill DS-160 as if you are going to attend an interview with Company A. If would get the degree. Is there any special rule for this type of scenario? My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. Now I have a valid petition and stamped Visa both valid till Jan-2023. Do I need to get a date from consulate to get H1B Stamping in India? My Employer from India, I have my client at Location X and Location Y. What should be the next steps for me ? Also, please suggest if people are getting their H1B approved? I am on F1 status , and its valid till feb 2018 . Went for stamping in Hyd and the status is pending. Please contact our office before making travel plans. Is i am eligible to stamp by next employer OR my petition is waste. Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. reagards Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. My spouse current status is H4 EAD. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Can I travel outside the US after H1B approval (change of status) but before Oct, . In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. Please do not make plans to travel outside of the U.S. without contacting our office first. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? But I never travelled on this VISA. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. P.S: also my husband will join me in the US. Did you get the answer of yr question? They may refile or do a MTR. Do we need to visit counsellte again for stamping? Without any paystamps with employer Y. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? Please contact our office before making travel plans. I joined them in 2018 when I was on F1 . Now my employer is telling me to go for stamping with client A documents. I think I can work as consultant initially and transfer H1B. You have to get the documents first. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). 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. Customs and Border Protection (CBP) has implemented an electronic I-94 system. http://www.happyschools.com/ask-an-attorney/. 3. 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. Would my H1B visa expire at some point if I do not adjust my status? 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. Please reply ASAP! I would need to H1B, F1 respectively. 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. to transfer you need the approval and EAC #. Ask your attorney or submit this via Ask an attorney by Email. Iffurther information is needed you will be contacted. We have applied for the extension and we have got the receipt. Instead of checking Change of Status, they indicated that I am outside US. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Is there any dependency of result of one amendment on the other. What is the consequences of never stamping or late stamping ? Im not sure where you can attend the visa interview from. 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. Is that realistic or did we mix things up? My change of employer petition was approved recently while still being in US. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. And, Does 3 year duration starts from stamping date, or it is from Oct2019? My question is what are the consequences of not having the visa stamped immediately. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. But during H1-B stamping what should i defend, if questioned about this? The H1B visa transfer process is as follows: 1. 2. Due to some reasons their department HOD is not going to sign the OPT form. Can I travel to home country and return without getting my H1b stamp? Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. I am currently in Singapore. So, seek legal counsel in this case. My H1 is starting from Jan 01, 2011. My name on H4 i94 is mentioned with first name : xxx ; last :yyy 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 ? I am currently on OPT with H1 Approved status starting from Oct 1, 2016. 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. An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. 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. I dont know the answer. You may have different questions with respect to this situation. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. But : I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. A copy of your DS-160 receipt. I have my H1B visa approved. Please let me know on this. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. My employer has given me all the documents that he has received from the attorney. So can we file one more amendment without any issue when the previous petition is still in progress? Please contact our office prior to making irrevocable travel arrangements to discuss your plans. or will it be a new h1b and i will be placed in lottery? 1. Can I have my first H1B visa stamped in Canada? Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. Your email address will not be published. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. However, there are a few things you need to know before you travel. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. 1. Please contact our office if you would like to initiate a permanent residence application. I'm Indian, rightnow doing job in Singapore. From April 1 your status will be H1. Im in the very same situation as you were in. Hi Raghu, Hi, Can you please tell me what shud I do to correct that ?? My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. During this period, prospective petitioners and representatives can complete and submit . Consult and attorney. This processing can take several weeks. I am applying for H1B COS on 01-APR-2017. 1. Mine is a tricky situation. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. 3. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Visa processing times and questions can be stressful at times, thank you for replying to the queries. 2. This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. Meanwhile he was unable to attend residency and makeup session class in his last semester. 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. If yes what is the procedure? Please advise. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy If yes, what will be the visa validity he can expect? Currently on a Project 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/. 3. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. My questions are: Can you please tell me whether we can go to stamping with this ammendment details. My petition is approved for the year 2015. You have to talk to a few attorneys to find different solutions and then pick one. Thank you in advance . How to Apply for H1B from H4 Visa Status. You can start working only after the start date on I797 approval notice for new H1 petitions. So, you can start working immediately. did your employer provided you a copy of h1b petition application to you? Hire Us. I have a weird situation. 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. I cant help you here. Please follow any instructions provided by the counslar at the time of your interview. Please hel me if some one knows the rule of H1B Visa. You are right. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. If you have the approval notice for H1B, then can apply for H4 now. 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. 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. You cancheck visa-waiting times here, and you cancheck consular procedures here. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S 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 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 ..??? I can return back to work to the same employer or different employer after few months. They would have to file COS from H4 to H1 ( and they can do in Premium). This is reason I considered going Canada instead. 1> If I join same employer (who filed my H1B) after 6 months It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. As there are not much requirement during November and December month. And now his petition is getting expired in july 2011. Why are you hesitant to renew your passport? Hi, I am currently on L1B visa in USA. Hi Arun, Do I also have to inform my University of the COS? He would really like to get some help from a professional to make sure that all the documents are correct. 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. This is because the last action regarding the foreign nationals status governs. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. After H1B Visa Approval Notice Sent Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. Is there any other way to expedite the process or get information from USCIS. https://www.happyschools.com/ask-an-attorney/. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Please respond. My friends are telling like she should give some 221G atleast if she needs to hold approval. Do I need to go for stamping again after his H1 gets approved with new employer? Your H-1B status is valid until the end validity date of your most recently issued I-94. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . Once you are in US ask the new employer to file for COS with I94, 2. You need to find new employer. H1b extension is taking about 5 months for regular processing. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. I just want to know what all documents I have to collect from my employer. F1 Visa Expired in July, 2012 That office now has jurisdiction over your case. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. Is this possible? In order to apply for change of status, the applicant must still be in a valid status. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. i will have to travel to india next month . Based on that the following are the cases that I landed up). Only when you travel. Any people in my situation and got information regarding this,help please. 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. Sorry. 5. If I go for stamping in India for H4b will I have any problem ? 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. If you do premium processing, then you can get approval in May/June. Or should I choose the drop box option after I get my initial H1 stamped. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Please follow any instructions on the notice. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? It can take four to six weeks or longer for visa appointments. 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. towards the end of 6th year. Same company, same role. Thanks in advance! I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. I've received all H1B related documents from my employer. The USCIS responded that the travel does not change the equation. Your employer will file H4 visa along with your H1B application. This is not the suspension of H1B Visa program. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. 2. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. I am in India. Company B is filing H1b for me. 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 already used my OPT and OPT extension. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? Such guidance does not carry the binding force of law or regulation. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. Suppose assume that im transferring in next month December. When your legal stay/status in USA could be affected, always seek legal help. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. My status got changed from H4 to H1. But i couldnt see my employer sending me for visa interview. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas.