Thanks for your response. But I couldnt get any job because of corono . I came to US in 2006 for my Master's. Please advise. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Does it help for any cap exempt? I know so many who got benefits from the second degree (completing it). My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). People are still waiting for H1B results filed in April 2015. Could it harm my visa to do so? Yes, if #1 is True. I want to transfer to new employer once i got my 797. My parents are coming to US for a visit. 2. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. 1) I had received RFE. H-1B and O-1 Travel. This processing can take several weeks. Now, my current employer is asking me to leave the country as my petition was denied. My case got recently approved. I want some time ( may be 1 week atleast ) to resign from present employer. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. I got my H1B approved through Consular notification. You need paycheck only if your started working on H1. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. But, it is maybe good to get it clarified with an attorney. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. kindly help me please. Please answer this question You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. Id have a question. USCIS publishes these figures on a weekly basis. In the question posed, the petition and the change of status had been approved before the person departed the U.S. Hi Raghu, I have a question regarding H1B visa appointment. This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. I want to schedule my spouse H4 visa interview on Dec 2nd week. 1. If i go what will be the problem to my H1B? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Your question boils down to one sentence DO you need Transit Visa for France? but what will happen at the time of stamping.? Not sure, why they have to say H1 cant be extended. You need to apply via lottery. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. I am currently in Singapore. It can take four to six weeks or longer for visa appointments. However, we cannot predict if you will face any issues unless we have more information about your specific case. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. My start date mentioned in the petition was Nov 1. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. Would my H1B visa expire at some point if I do not adjust my status? I would need to H1B, F1 respectively. You should try to transfer before they withdraw. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. Travelling to US for the first time. I have a valid F1 visa till 2021. I joined them in 2018 when I was on F1 . Post the question to Attorney Murali via Ask an Attorney. You can go for H1B stamping till the date 60 days before its valid. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. So, you can start working immediately. https://www.happyschools.com/ask-an-attorney/. I would list where you are working right now as current employment. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy My Visa interview is happen on June18th and counselor has taken my passport. Can I attend the interview by oct-09? Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). But, do you want to wait around to get into H1B under this current scenario? Hey You will need to submit new ds-160 to update the employer. I would wait for the approval notice. My H1 is approved as consular processing for FY2017. and want to convert my visa to H1B visa next year. 5. 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 ? Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). If my husband visa gets approved by nov15, do I need to wait for the documents? Hi, document posted to employer and I am a resident of UAE and Indian Citizen, Should 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. My H1b got approved for Fiscal year 2015 on 5th Dec,2015. Can i approach a different employer with same petition number to proceed with my H1B stamping. 6. ** Note that the name on your passport must match the name on your I-797 approval notice. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Sorry, They gave Master service agreement and PO copy between them and client. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. For some personal reason, I am quitting my job with present employer( who filed my h1b). I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Should amendment be filed before Oct 1?? What is Premium Processing? I am awaiting for documents from my employer. what wil happen to my H1b? 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. 1)i have opt extension up to 2018 july is still valid or not?? My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012. Let me know if you have seen this before. 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. 2. I am currently living in USA and working as a full-time employee with the same employer for 2years. Hi now I am on opt ead and my husband is on f2 status. Can you please tell me what is the percentages of cases still approval pending with USCIS. I94 is generally used for your entry and exit in US. 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 receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. This year if I want to go for a job or higher studies in US. It has already been 6 months since i received my approval. Hi Raghu, 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? So when my transferred petition approves i would be having only 4months from the visa expiry . Get approval, then stamping. Is there any info for attending visa interview in India? Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). or It was just a coincidence and my petition was approved on the same day using normal processing ? Do I need to go for stamping again after his H1 gets approved with new employer? H1B Visa petition can be approved with Change or Status or Without Change of Status. Why not get H1B stamping and enter US? If COS is approved, your L1 is gone! Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? 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. Please let me know if this is advisable and if not what are the consequences. My H1B has been approved and I am currently in USA. 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. Here I got some confusions.. 1. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. 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. 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. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . My H1b approval is expired last month. Your H-1B status is valid until the end validity date of your most recently issued I-94. 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 ? But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. I never traveled to US before. I am on the place as you are. I hope you will be able to help me. or Am i eligible for CAP-GAP automatically? 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. Since then I have acquired alot of helpful information that has helped me tremendously. i will have to travel to india next month . 3. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Can I get stamping before October 1 and enter the U.S. on H-1B? Looks like you have figured out the best path and as you said, theres no ideal option. During this period, prospective petitioners and representatives can complete and submit . One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. What form do I have to submit for the visa interview? Is that realistic or did we mix things up? pls suggest your valuable guidance. You can consult one from our team https://askanattorney.happyschools.com/. 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. 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. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. Theres no way to update a DS-160 once submitted. will it be valid to apply in 2019? You can confirm the same question via Ask an attorney. But I havent taken ay next step considering the COVID situation. Any help would be appreciated in clarifying the following questions. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Start with your employer, employers attorney, if no you can ask via email. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. Am I correct? Can i still get my H1B stamped? as supporting documents, if asked. Hire Us. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Talk to your Employers attorney. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. Please follow any instructions provided by the counslar at the time of your interview. Help What is the grace period to file the COS now? I would need to H1B, F1 respectively. How do I make this appointment, and with whom? You dont need stamping. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. This is not the suspension of H1B Visa program. or can I go to any country to get H1-B stamping ? Yes It is our pleasure to assist you in this matter. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. I am not sure how strict the immigration about it. Hi , Your attorney can ask for replacement copy of Approval Notice. I feel this might be becoz of the COS as i was not there in US while applying the petition . i read from various web sites saying generally people go to either MEXICO or CANADA. Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Should I cancel my H1B ? Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. I have a weird situation. Suppose assume that im transferring in next month December. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Hi Raghu, Dont try to save on FICA taxes . I need to go outside US for visa stamping in order to start working and return back with COS. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. My H1B premium process petition denied last month, now what could be the next step? I got my H1B approved for the year 2012. 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. Now I have a valid petition and stamped Visa both valid till Jan-2023. Hello, 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. If travel is required, advance planning and early visa application are critical. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. I have a question, please guide if you can. 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. Any problems with it? 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? Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. Please respond. 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. The DOB is in the new I-94 which is at the bottom of the I-797 document. I've a similar situation. Now things here are going good so thinking to change to new client and new location again. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. file MTR or appeal. F (413) 584-5411 As you said, many of us are still awaiting the H1B approval. 3. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. Is there a final date where I would need to take on my H1B visa? 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. 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. 1. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. I think you have to wait for the notice to reach your employer. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do 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. My next employer is ready to stamp. You have to get the documents first. I know the alternative is to wait together to go as family. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? 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. I have only LCA ETA form 9035 & 9035E. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. (Shilpi says: December 3, 2011 at 1:42 AM). Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS how soon and in what way I can travel to the USA ASAP. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). My attorney recommended that I should not travel to India until next summer. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. Thanks a lot for the response, Raghuram. You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. It is really helpful for the candidates like me! 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. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Some people are waiting in India without having an opportunity to travel with H1 approval. Visa stamping has been expired now. Your article mentions that we can reenter the US only after October 1st. Please let me know what would be scenario. Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B 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 :(. So, will my last year case have any impact on this year, as I didnt go last year. Please contact our office before making travel plans. We dont know what will happen to H4 EAd. My H1-B visa got approved and I have my H1-B authorization form(I797) and H1-B receipt notice and hence Im travelling to India to get my H1-B visa stamping. I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. I got selected to start a 3 years residency program at a major US university. @Fanny We don't provide legal help. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. 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. Do we need to visit counsellte again for stamping? Is there a problem if I travel to India in November? I might have to go to India in December. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? Currently I am in my home country. First, you must be present in the U.S. at the time your employer files your extension petition. Why are you giving incorrect info? Email info@cbkimmigration.com Hi Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. Please suggest. If yes then what would be the approximate cost of status change ? Do I need to get a date from consulate to get H1B Stamping in India? I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? Ive 4 years work exp. Hello Raghu, I am currently on L1B visa in USA. I have been postponing travel abroad because it is not suggested while approval is in process. When he asked to return the money they are not willing to do so