I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. You have 3 options. Now I have a valid petition and stamped Visa both valid till Jan-2023. No you cant. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. 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)? Your Attorney should give the list of documents. H1B Transfer & Change of Employer - Full Guide (2023) Question: What happens after your H1B Visa is approved? I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Is my petition still valid and can be considered for cap exemption.? Steps after H1B Petition Approval - Visa Stamping, COS - RedBus2US From USCIS website my status is confirmed as Approved. 1. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. Will company B create any problem for me? Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? My OPT expiry date: 03 Jan 2017, I m doing Msc biotechnology. My employer has given me all the documents that he has received from the attorney. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? https://askanattorney.happyschools.com/. 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? Can we come back on L1 visa. So what shall we do ? But due to some issues I am not traveling and will be travelling in 2021. 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? you have to provide EAC NO SOME IS VERY HELP FULL. Based on these facts, the change of . I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. Case details: I would like hear about your experiences or your advises on H1B visa stamping in Canada. Is it dangerous? Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. H1B Transition Issues: International Travel - Murthy I hope you will be able to help me. How do keep it active? I want some time ( may be 1 week atleast ) to resign from present employer. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). 2. My petition is approved for the year 2015. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. They applied for my H1B visa and I just got all the documents from them. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. And new passport have details of older passport in it. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments After going to India if i will not get stamping in India, can I travel and come back without any problem? 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 am on OPT right now till June 2011. This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. I have a weird situation. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . I am currently on OPT with H1 Approved status starting from Oct 1, 2016. A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. 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? Copy of your old H1B approval notice and offer letter, pay stubs, etc. You can attend the interview as a family ( H1B and H4) together. Do I have to await the approval notice before joining the work force? Please let me know what should be done to correct my DOB??? Can it be fixed before that date ? A copy of you VAC-stamped DS-160 confirmation page. You need an H1B stamp to enter as H1B status. The original I-797 approval notice. Hey Please schedule a 15 minutes call. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. Let me know if you have seen this before. You should have the approval notice (I-797) form. I got my initial H1B Approved From OCT 2019 to Jan 2020. I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. 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. To provide more details; (I have the option to chose two different places. I got married after 10 days of my H1 stamping. Please follow any instructions provided by the counslar at the time of your interview. If Your H-1B Petition Has Been Approved as a Change of Status: My H1B visa has been approved with a change in status (F1 to H1B). 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. So, I have 2 questions: If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? After your H1B Visa is approved, you have to follow the path back from USCIS. This may help a consular office understand that your work does not have potential application for national security or terrorism. my status showing as below. pls suggest your valuable guidance. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? Ask your attorney or submit this via Ask an attorney by Email. There is no grace period. I am also in same situation. Heres a list of documents required for H1B Stamping. 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. We have applied for the extension and we have got the receipt. Stamping is not required unless you leave the country and enter again. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? 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. Do you see an issue with this? But I too am in a same boat, Hey Raghu. From April 1 your status will be H1. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. You should check if Transit Visa is required for Paris. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. 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 got my H1B approved in 2013 and stamped in 2015. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. How soon I can change my employer ? Am I considered out of status ? IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. 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? I have been with this employer before my change of status. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. Please share on who did you handle that circumstance? If I can return on F1 visa what is the last date I can enter with F1 visa? Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. 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. There many waiting to attend interview who got H1B approved last year. Could you please provide the procedure in this case. You can confirm the same question via Ask an attorney. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? Hi HSB, The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. I got my H1 approved and it starts from Oct 1 2009. My husband employer filled for my extension. Ganesh Thanks for highlighting it out. H1B will have a start date, so you can enter upto 10 days before the start date. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Nevertheless we would like to stay and work in the US. This year if I want to go for a job or higher studies in US. In the question posed, the petition and the change of status had been approved before the person departed the U.S. Please suggest me. 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. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. This processing can take several weeks. 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. Current Status Visa type Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. So in that case i need to attend visa interview again to make my travel. If i go what will be the problem to my H1B? Please review this material carefully. In order to apply for change of status, the applicant must still be in a valid status. After you change to Company B, you will submit New DS-160 with company B details. A reciprocity fee may also be required. Is there any risk involved in it? Any help will be really appretiated.Thank you all. Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). Thanks. Congrats on your H1 approval. 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. Where are you getting information that you need 3 months pay stubs? In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Got message: Or my H1B has to be stamped in my passport to be eligible for employer change? 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 I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. Still my application is not approved. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Thanks !! They may refile or do a MTR. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. A DHS memorandum dated May 16, 2000 states that an alien in . My H1B has been applied from an MNC and it got approved. Thanks in advance! I could say that you can get it stamped from another country ( as other have done in the past). Im in H1B Status now and planning to transfer to new employer. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? My case is approved for H1 B cap for year 2017. 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. They are going to apply for h4. can i take got visa stamping with that case ? Your attorney can ask for replacement copy of Approval Notice. 2023 Murthy Law Firm. After H1B Visa Approval Notice Sent 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. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. I have two queries in regard to stamping. 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. Travel Check List for H-1B - International Students and Scholars Office If yes what is the procedure? I have a family emergency and that made me go from 19th of september to 24th of september. 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. I have got my h1 approved october 20th. 1. If this happens, please contact us so we can discuss how to maintain and extend your status. 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. My Green Card process may start early next year. What was your status when you got denied notice? My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Can you please help me in understanding what should I do? Is it mandate to get the stamping done and travel to US during the validity period. I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. ?Could you please advice me on the same? You have to get the documents first. 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? This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Do I have to apply for OPT extension? When i checked in the portal on the status of Visa on 19th June 2018.. it is as follows: Your Visa is currently undergoing necessary administrative processing. My passport is changed after I applied my H1B lottery due to spouse name addition. You need to ask an Attorney. Any help would be appreciated in clarifying the following questions. Is it ok to wait for more than 3 momths after my H1 approval? I have both passports with me. You dont need stamping. 2> If I join a different employer after 6 months. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. Do I need some documents and letter from my employer before I fly to US? Use the https://forums.happyschools.com/ for Q&A. Can i be denied my h1b visa stamping because currently i am not teaching? 2. My opening is at location Y. I am planning to go to Stamping for location X and then file an amendment since I dont require to wait for the approval notice. What is the maximum duration I can wait before going for stamping. It should come to you within 2 weeks. Thanks. how soon and in what way I can travel to the USA ASAP. My DS 160 form status too in Administrative processing, can you please help me what should I do now? Is client letter mandatory while attending H1B visa stamping. Please share some information wrt this. She came to US in H4 Visa in 2009. 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 have asked US HR already and they advise that travel is possible with the FedEx receipt number. My H1B Status still in Received status, what should be the deadline time to change the statues? 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. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). Yes My employer saying till january I may have to wait. Currently I am in my post completion OPT. Please advise so that i can plan accordingly. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? 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. Some changes may require an amended H-1B petition. I would appreciate any advice on our case. 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 you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. 2. Such guidance does not carry the binding force of law or regulation. Currently I am getting interview date of March 5th. If travel is required, advance planning and early visa application are critical. He would really like to get some help from a professional to make sure that all the documents are correct. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. I am in US and my status is F2. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Hey RFE and travel puts you in tough spot. 6. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. I am and just want some company in anxiety. My L1 is valid until Jul 2012 and H1B until Nov 2012. I d like to know How long is the approved petition valid for and when last can travel to US ? and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). You dont have to wait until September or October to get Visa stamping for H1B. 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. Please help. Hi, I have the same concern being in the same situcation as Shilpi mentioned I have travel plans and booked VISA Interview on December 16th. All Rights Reserved. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. I attend my visa interview from Dubai or India, Kindly advice.

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