Due to some reasons their department HOD is not going to sign the OPT form. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. My current H1B visa expiring in 31 Dec 2016. Hi, 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. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). You are on H1 and you should get paid! 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. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. I think you have to wait for the notice to reach your employer. But, it is maybe good to get it clarified with an attorney. I would appreciate any advice on our case. Email info@cbkimmigration.com I cant advice on questions affecting your legal stay in USA. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. What should be the next steps for me ? 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). Hello Raghu, I have not gone for stamping yet. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. Suppose if August 2021 this is not stamped then what is the further option? Please post your question in Q&A section. i read from various web sites saying generally people go to either MEXICO or CANADA. My change of status wasn't approved, so I will have to leave and get my visa. A copy of your visa stamping appointment letter. There are two steps involved in changing visa status from H-1B to F-1. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. 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. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Can you please tell me what shud I do to correct that ?? Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? If X is L1, you cannot and should not work on L1 beyond the H-1B start date. 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. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Copyright 2005 2022, MURTHY LAW FIRM. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. 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. If yes what is the procedure? I got my H1B stamping done last year in Sep 2009. Your attorney can ask for replacement copy of Approval Notice. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. 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. 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. pls suggest your valuable guidance. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Any other Visa (L1 or B1 etc ) NO other Visa My employer files an H1B cap-subject petition for an F-1 student on April 1st. But which document i needed to get stamp by next employer. All Rights Reserved. You will fill DS-160 as if you are going to attend an interview with Company A. I might have to go to India in December. So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . I am searching for consultancy firms who will file my H1B visa. If COS is approved, your L1 is gone! 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)? Now i am leaving current employer which files H1B & joining another employer. As I was with F1 status and it will finish from Sept, during one month I dont have no status. I have an H4 visa and live in USA. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Will there be chance for getting stamped if I attend the interview late? You cannot choose which status you want to be maintaining. Can this be done ? I have responded to an RFE and am awaiting the final approval, hopefully. Please also be sure to email us a copy of the I-94 printout for your file. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. and stamping. can I travel and come back without any problem? I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. The intervening admission to the U.S. does not override this later effective date. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. 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. Hi, Do I also have to inform my University of the COS? Im in H1B Status now and planning to transfer to new employer. Will he be able to go and attend the stamping? So, you can start working immediately. 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. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Then comes H1B Visa approval after a long wait. I94 validity and with what Visa Type Not sure about I94, visa type is H1B A DHS memorandum dated May 16, 2000 states that an alien in . My friend is going to graduate with MS in the 1st week of may 2013 (next month). Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. I am currently working with a Client A on contract for a year. I got my H1B application approved and also done with the stamping on may 2012 . Otherwise, the issuance of your visa may be delayed. Mine got approved on 12 Nov, Still waiting for 797. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. I am in india right now. I just want to know what all documents I have to collect from my employer. Later in 2010 I come to US on L1B visa. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. Same company, same role. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Can i approach a different employer with same petition number to proceed with my H1B stamping. how soon and in what way I can travel to the USA ASAP. You may begin work for an employer while your application for a Social Security Number is pending. Is it possible to continue with my trip to India? Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. You will eventually need H1 stamped right? 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. If my husband visa gets approved by nov15, do I need to wait for the documents? I will started working with new employer next month . I m planning to go to USA. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Thanks. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. Company B is a consultancy company. Hi, H-4 visa holders who have extended or changed status in the U.S. and who have been issued an I-797 Approval Notice in their own name should travel with the . ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. 2. Should I cancel my H1B ? See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Close All Open All Cap-Gap Extensions Eligibility for an Extension and want to convert my visa to H1B visa next year. Thanks a lot for the response, Raghuram. They are the right person to help you. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. How far is this info correct? My H1B receipt received on April. Sorry, They gave Master service agreement and PO copy between them and client. 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. Looks like you have figured out the best path and as you said, theres no ideal option. Now again i am filing H1B. I got my H1B approved through Consular notification. My Employer from India, I have my client at Location X and Location Y. My DS 160 form status too in Administrative processing, can you please help me what should I do now? Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? But due to unavoidable situation ,I need to travel to india. My passport is changed after I applied my H1B lottery due to spouse name addition. But I have left from the company which applied my H1B. I did my Masters from US. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). Appreciate any help on this to get the SSN ASAP for her to . Case 1: First, you must be present in the U.S. at the time your employer files your extension petition. Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? If you continue working, you run the . I ll be grateful if you can guide me for this. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? DEC 2015 still waiting for final decision .. P.S. RFE is answered and I am waiting for the reply. 3. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. Meanwhile he was unable to attend residency and makeup session class in his last semester. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Hi, Customs and Border Protection (CBP) has implemented an electronic I-94 system. Is there any consequences in the case? If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? My case status is as follows: 1. Lets say if my application picked up in lottery and Ill get result in May/June. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? I have my visa stamped this September and I want to travel in the month of March. Do you see an issue with this? should I get back to the US before the 7th of July ? He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. A travel letter template for your employer to complete before you travel can be foundhere. I wasnt planning to go to India for H-1 stamping this year. See the questions in there. Documents related to your H-1B petition. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. 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? My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. But during H1-B stamping what should i defend, if questioned about this? I am in USA on H4 visa. I am currently living in USA and working as a full-time employee with the same employer for 2years. Please correct your article. my time period exceeds means from india i can Apply my H1B or not. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. But I too am in a same boat, Hey Raghu. Theres no wait time. Please share some information wrt this. But I couldnt get any job because of corono . Now my employer is telling me to go for stamping with client A documents. You will need to talk to an Immigration Attorney for your situation. can i take got visa stamping with that case ? 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 ? I hope i could find an answer to my question . It got approved on 12/06/2016. Can it be fixed before that date ? Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. I am already in the US. Thanks for the great information. Can you please help me in understanding what should I do? Try again few days. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Prior to this my OPT ended on 09/26/2016. I hope you will be able to help me. Is there any special rule for this type of scenario? You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. Is client letter mandatory while attending H1B visa stamping. Travel Tips for F-1 Students on OPT or Planning a Change of Status to H Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me 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. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. H1B Approval notice sent to employer. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? I am currently working as a full time employee Programmer analyst in e-verified company. My employer has given me all the documents that he has received from the attorney. It takes few days for the Database to sync between I-94 and DMV. 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. You cancheck visa-waiting times here, and you cancheck consular procedures here. Later, you may jump ahead to certain sections. But the office location is different and the new address of residence is different state. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). H1B Visa 2024 Lottery Predictions - How Many? Analysis, Results Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. My H1 is approved as consular processing for FY2017. You should consult an attorney to see what options you have. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. But due to some issues I am not traveling and will be travelling in 2021. 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. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. Am I considered out of status ? https://premium.happyschools.com/course/consulting/, Hi Raghu, You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. But I am considering the former option. So they requested a data fix to SEVP to fix my SEVIS record. Now my question is after approval how long i can wait to fetch my first job? The H1B visa transfer process is as follows: 1. Be practical. Any help would be appreciated in clarifying the following questions. My status got changed from H4 to H1. I have plan to visit india march . Can you please help me with this? I am applying for H1B COS on 01-APR-2017. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. 1. Not its not valid. 1. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. You dont need stamping. 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. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Will it create problems during H1b stamping in India during interview ? My attorney recommended that I should not travel to India until next summer. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. 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. After H1B Visa Approval Notice Sent Should amendment be filed before Oct 1?? Thanks for your response. Hi, How to Apply for H1B from H4 Visa Status.