I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? Once you receive i797, within 40 days you should go for stamping? My case status is as follows: 1. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. USCIS publishes these figures on a weekly basis. But I too am in a same boat, Hey Raghu. Try again few days. 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. Were you able to find out whether we can apply for COS or how did you go forward? I got my visa Approved under Premium Procesing yesterday. 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. Is there any dependency of result of one amendment on the other. 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. My OPT is valid until October 12th. 08 Aug 2022 In 2004, the U.S. Please do not make plans to travel outside of the U.S. without contacting our office first. 1. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. 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 USCIS approved my I-129 form a day before Trump announced federal hiring freeze. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. 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? Heres my opinion: Am i excluded from quoata process if i want to process /transfer H1 with new consultant? But my Visa Petition status is showing active and approved. My current H1B visa expiring in 31 Dec 2016. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Got the recpiept on amendment but havent heard anything from USCIS. And Ill be working remotely. I just want to know what all documents I have to collect from my employer. What is the consequences of never stamping or late stamping ? Hi , H-1B Status and the Cap Gap Extension | Study in the States - DHS 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 ? @Fanny We don't provide legal help. Please advise. What was your status when you got denied notice? Hi Raghu, Should I go to my home country for H1-B visa stamping or it is too risky for me? I am currently on OPT with H1 Approved status starting from Oct 1, 2016. Does anyone know how long an amendment takes? Should I have to appear again for visa count ? If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? Why not get H1B stamping and enter US? If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. 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? If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Questions about affecting your status should be posted to an Attorney . So they requested a data fix to SEVP to fix my SEVIS record. My change of status wasn't approved, so I will have to leave and get my visa. Im on F1 Visa Status currently working in USA on STEM OPT. H1B will have a start date, so you can enter upto 10 days before the start date. H1B Visa FAQ Related to Change of Status - Immihelp I feel really frustrated by all this bureaucracy. I got a situation Herr, I got my approval notice for H1B 2016. I just wanted to know the risks in traveling to India now. Ask the consulate. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? 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. Is it possible to transfer it to my new employer. It got approved on 12/06/2016. Hi Arun, My employer says it could take upto 4 weeks. 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. After going to India if i will not get stamping in India, If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. 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. Replied Rfe in November , still waiting for results. i read from various web sites saying generally people go to either MEXICO or CANADA. Can i be denied my h1b visa stamping because currently i am not teaching? Can you please tell me what is the percentages of cases still approval pending with USCIS. I have been postponing travel abroad because it is not suggested while approval is in process. 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. 9. 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. Did your h1b approve for stamping? I am sorry if my above assumptions do not fulfil your case. I am afraid of expiry date, what will be best solution for it . Thats measn your OPT will be extended till Oct1, when your H1B becomes active. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. But my attorney filled the form incorrectly. If yes then what would be the approximate cost of status change ? My H1B has been approved and I am currently in USA. I had not scheduled my visa interview, and I didnt join that company. Since then i am in india, and did not attend US consulate for stamping. It will be bumpy ride. I wont have time to get my visa changed over to H1B during this trip. 2) I dont have pay slips as I never joined company A. The original I-797 approval notice. Please be sure to do the same for your dependent(s). The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. What all documents are required for the stamping? Else, it can take months and theres not time limit. On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. I joined them in 2018 when I was on F1 . 1. or is that an approval notice? Let me highlight the following: Only Premium Processing for H1B Visa is suspended. Hi, Travel while H1B Pending (Extension, Transfer, Amendment, COS) You need to find new employer. A reciprocity fee may also be required. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. 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. Do I need some documents and letter from my employer before I fly to US? Sorry. They applied for my H1B visa and I just got all the documents from them. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? Till what period my attorney/employer would receive the i797 approval Mail notice. However, the USCIS has generally applied the analysis contained in the letter since 2004. Is the embassy open and is the next step to fill DS160? The H1B petition is approved on July 1st. If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. I m doing Msc biotechnology. I m planning to go to USA. 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". Now my ques is , I knw i can work on 1 h1b at a time. Hi Raghu, What should i do. I have not done anything regarding the h1b. But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. 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. 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. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know Still the status show it is under review, I am not sure what is the processing time in general. 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. https://www.happyschools.com/ask-an-attorney/. 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 Actually I have my H1B ammendment filed for relocation and it is in progress. Hello, Timing is upto you based on your circumstances. Hi, I am in US and my status is F2. However getting visa appointments in India is also hard so you just pick your poison I guess. If you live outside the United States, you can schedule your H1B visa interview. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. 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 ..??? Can I go for stamping here in US consulate rather than going for stamping in India? Travelling to US for the first time. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Pls reply Now my employer is telling me to go for stamping with client A documents. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). Visa stamping has been expired now. 1. Is it possible to continue with my trip to India? 2. Is the H-1 Visa STAMP required to start the process for Green Card? I have removed parts of your comments. Thanks. I am currently in Singapore. Talk to your Employers attorney. I moved to new the address now (Different State). 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. 1. What will the case status online if COS is denied and H1b is approved ? I think I can work as consultant initially and transfer H1B. currently embassy is not operation for normal window due to COVID Can i still get my H1B stamped? Do I need to get a date from consulate to get H1B Stamping in India? I know the alternative is to wait together to go as family. I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? The DOB is in the new I-94 which is at the bottom of the I-797 document. Your H-1B photograph. I got my H1B approved for the year 2012. Can this be done ? I was planning to come back to US on L1 and then switch to H1B after coming back. Hi Raghu, Please share your case. I filed the petition under masters quota and with COS . I had started working with my new employer after I had received the petition filing receipt. 2. Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. yes , responded to RFE in NOV 2015 . Would my H1B visa expire at some point if I do not adjust my status? You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. 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. You are right. What happened ? As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. 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. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. Hi Raghu, (Regular processing). 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. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. But due to some issues I am not traveling and will be travelling in 2021. They would have to file COS from H4 to H1 ( and they can do in Premium). 1. You should ask the same questions to an Immigration Attorney. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. But : So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. 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. If my husband visa gets approved by nov15, do I need to wait for the documents? Thanks -Padraig. Ask your attorney or submit this via Ask an attorney by Email. 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. Only when you travel. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. 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 ? If your visa application is approved it will be processed and mailed/available within 2 business days. The student's OPT is valid until November 30th. *You do not need to present your original I-797 approval notice at your visa interview. Transfer h1. If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st.
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