Education US or non US ( there are certain quota for US Masters Degree or PHD students). My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Or my H1B has to be stamped in my passport to be eligible for employer change? 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. You have 3 options. You can consult one from our team https://askanattorney.happyschools.com/. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. 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)? You should consult an attorney about a status-related question. Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. Will this be ok? can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. 2. Hello Raghu, I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. Do I have to apply for OPT extension? 3. what happens if i leave US before october and couldn come on time. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Thanks. 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. Is this possible? A copy of you VAC-stamped DS-160 confirmation page. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. My case got recently approved. Please let me know what should be done to correct my DOB??? http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. 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. My H1 got approved in August. Should I go to my home country for H1-B visa stamping or it is too risky for me? Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. If H1 done vs CP, then you will stop working when you enter the US on H4. Went for stamping in Hyd and the status is pending. After 30 days, it will have to be done through an extension with USCIS. 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. After going there i would like to change my status to H1B from F2. If you are interested in reaching out to us, please click here: P (413) 584-3232 chessmojo 1 yr. ago. 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. I never traveled to US before. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS 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. Change of Status(COS) or Consular Processing (CP). HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. Later in 2010 I come to US on L1B visa. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. 2. If would get the degree. Please suggest I am in huge confusion and tension. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Looks like your COS was abandoned. 1. 2. 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. can i re-enter USA on my F1 visa without any issues in port of entry?. I have already used my OPT and OPT extension. Where are you getting information that you need 3 months pay stubs? I want to schedule my spouse H4 visa interview on Dec 2nd week. I have received the approval notice which is valid till June 2020. 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. This may help a consular office understand that your work does not have potential application for national security or terrorism. 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. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Im not sure how USCIS treats the approved petition. Please suggest. Not advisable . you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. Is it mandate to get the stamping done and travel to US during the validity period. 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? I got my initial H1B Approved From OCT 2019 to Jan 2020. e.g. 1. 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. Hi, My attorney told you can get stamped anytime before your STEM OPT expires my question is. Currently I am getting interview date of March 5th. You have to talk to a few attorneys to find different solutions and then pick one. USCIS now provides a copy of the I-129 petition directly to US consulates. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. It is our pleasure to assist you in this matter. 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. My question is how many days do I have before I join the work and use my H1B status ? I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? I got my stamping done in Jan 2019. Or should I choose the drop box option after I get my initial H1 stamped. Why are you hesitant to renew your passport? 8. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. 2) I dont have pay slips as I never joined company A. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. It will say Post-Decision Activity. 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. So what shall we do ? If you told for me to went there and got the stamp when would you suggest? Can I join B without any issues/legal hassles? I just wanted to know the risks in traveling to India now. Please help! However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 card will expire on the date your passport expires. Now my doubt is will my h4 will be questioned if I go to India. Ideally how much time it takes for the approval notice to reach at our end? Shanvi. Would it give problem to me ? 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. 1)Do you think my visa can get transferred to company B?? I got selected to start a 3 years residency program at a major US university. But my client job can be terminated before visiting India by Oct10,2016. Did your h1b approve for stamping? Hello Everyone, Hi 3. Could it harm my visa to do so? I cant help you here. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). Talk to an attorney and figure out the plans and status. or we are good to travel with updated LCA. H1B Visa petition can be approved with Change or Status or Without Change of Status. 2) when can i go for the stamping?? You should try to transfer before they withdraw. thanks Now my question is can I change my employer in May/June immediately after getting approval ? Activation of my h1b is October 1st 2016. I need to travel to India by this month end. My H-1B got approved recently as my employer applied it through Bachelor's degree. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Yes you can but you need the approval notice. ** Note that the name on your passport must match the name on your I-797 approval notice. or reasonably safe to do so ? Once I check that my H1B is approved on the internet, can I start to work right away? 1) How Can I know that my Petition was approved using PP or normal processing Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. 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 Will the company C file new H1B (on what basis) . Some changes may require an amended H-1B petition. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Visa stamping has been expired now. You can also post it via As an Attorney here. 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 m doing Msc biotechnology. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. You can start working only after the start date on I797 approval notice for new H1 petitions. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. My H1 is starting from Jan 01, 2011. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. However, i have also pursued a masters degree in Environmental science with which i am working right now. You need to apply via lottery. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Should I have to appear again for visa count ? Prior to this my OPT ended on 09/26/2016. I believe there are some options, but all of them are not ideal. My Visa interview is happen on June18th and counselor has taken my passport. I am on h4 dependent on my husband h1b. Ive tried the CDN immigration website. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. 2. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) I94 is generally used for your entry and exit in US. I have removed parts of your comments. I am on F1 Opt working for a company. Even when I work in consultant, is there any process that should be completed before I travel from India. There are two steps involved in changing visa status from H-1B to F-1. Dont have an ETA. Is it ok, if I stamp my visa first and then my wife and kid go later on. I can return back to work to the same employer or different employer after few months. 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. I want to share my question to you hope I will get the answer. I was planning to travel to India once my case gets approved. Kindly help to understand what are my options in such a case. Lets say if my application picked up in lottery and Ill get result in May/June. 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. For how much time can I be on this visa without stamping? My applied for H1B through my current employer. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Hi , Its would take less than 30 minutes to get a new DS160. Case details: I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. Thanks for the detailed reply. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. 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 :(. If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). Stamping is not required unless you leave the country and enter again. Can you please help me in understanding what should I do? I have the same concern being in the same situcation as Shilpi mentioned file MTR or appeal. Please review this material carefully. You will fill DS-160 as if you are going to attend an interview with Company A. Again i m talking abt having multiple amendments ( not transfer). But company x filed my petition when I was in place A and two months it moved me back to place B. My employer specifically mentioned that they will revoke my petition on or before 30th September. If it was a coincidence then my petition was approved using normal processing and I should get my money back. Do you see an issue with this? Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? If travel is required, advance planning and early visa application are critical. I am currently in US on L1 visa and checking options to moving to h1b visa. Any help would be appreciated in clarifying the following questions. 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. Can I get stamping before October 1 and enter the U.S. on H-1B? So can we file one more amendment without any issue when the previous petition is still in progress? A copy of your DS-160 receipt. 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. Also, I am planning to apply for h1b for next year. If i go what will be the problem to my H1B? One of my friend has the same issue now. My questions are P.S. Is there any dependency of result of one amendment on the other. I had filled H1B first time and was approved in Ocotber 2016. My H1B status is approved . I am filing my H1b in April 2017. I just want to know what all documents I have to collect from my employer. News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. Please answer this question To provide more details; (I have the option to chose two different places. We are planning to upgrade it to PREMIUM . Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). I would list where you are working right now as current employment. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. H1B from withon previous 6 years will not count under Cap. I agree with your attorney. Thanks. Very recent my h1 petition got approved for one year. or Am i eligible for CAP-GAP automatically? Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? Your dependents will also be unable to be admitted in H-4 nonimmigrant status. So how long does it take to have visa interview (in genaral). 1. Will there be any issue with that on stamping. You may have different questions with respect to this situation. I have responded to an RFE and am awaiting the final approval, hopefully. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Let me know what does my status mean . I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). Congrats on your H1B Approval. OR I got my h1b petition approved filed by my previous employer couple of days back. Thank you in advance . Is it possible to transfer it to my new employer. A DHS memorandum dated May 16, 2000 states that an alien in . Sorry. Still the status show it is under review, I am not sure what is the processing time in general. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. Its a direct client. Required fields are marked *. Or go with the existing Ds-160 and show them the approval notice when questioned. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. What should i do. dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. You should consult your employers attorney . For information and tips on filling outForm DS-160, please see this website. There many waiting to attend interview who got H1B approved last year. My H1B has been approved and I am currently in USA. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position.