Help L1 to H1 with CP. I would list where you are working right now as current employment. Thanks!! 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? I think it will be extension of status and its gonna take 7 months in regular processing in VSC. You cannotify USCIS of any change of address online. I found your video really helpful to understand the process. what wil happen to my H1b? Talk to your attorney. Thank you. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. Where are you getting information that you need 3 months pay stubs? You will need to talk to an Immigration Attorney for your situation. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). 2. Education No US Degree (Graduation and Post Graduation from Indian University) (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Dose the h4 extension approval usually takes this long after the h1b is approved ? Work for Company A generate at least 2 pay stubs and then do the transfer? If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. 8. Please reply ASAP! I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Can we come back on L1 visa. 1) How Can I know that my Petition was approved using PP or normal processing But : or will it be a new h1b and i will be placed in lottery? Im in the very same situation as you were in. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Hello Everyone, Is it ok to wait for more than 3 momths after my H1 approval? My H1 is approved as consular processing for FY2017. or can I go to any country to get H1-B stamping ? (Or) How much time do I have, to travel outside the country and get the H1B Stamping? Please do not make plans to travel outside of the U.S. without contacting our office first. I can return back to work to the same employer or different employer after few months. Hi, In 2004, the U.S. So its a negative in my case and ill be counted in cap? 3. Hi Arun, And petition validity is till October 2013. Case 1: E2 EAD maybe better then H4 EAD. I am searching for consultancy firms who will file my H1B visa. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). Let me know what does my status mean . Are some people still awaiting their h1b visa approval? Hi Raghu, I have a question regarding H1B visa appointment. 1. I got my first H1B approve in Sep 2011 for 1year. You need to apply via lottery. I know the alternative is to wait together to go as family. Is there any special rule for this type of scenario? But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. 15 calendar days to get the decision. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: Can you please help me in understanding what should I do? My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Hire Us. Issues to deliberate on What should i do. Consultant with whom i processed my H1 is no longer reachable. My H1B visa has been approved and I am waiting for my Stamping. Is it ok, if I stamp my visa first and then my wife and kid go later on. In the meantime, my spouse got a Full Time offer with Company B. But i couldnt see my employer sending me for visa interview. 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. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. Dont try to save on FICA taxes . 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? At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. Whether my H1B will be denied etc? I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. Anyone know what is the procedure what we need to follow once we receive acknowledgement? you have to provide EAC NO SOME IS VERY HELP FULL. I never traveled to US before. Congrats on H1B approval. I have responded to an RFE and am awaiting the final approval, hopefully. What should I do now ? If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. Typical administrative delays are 2-4 weeks, but some are much longer. In 2018 November I had to leave US and (the organization where I was working) because of a family You dont need stamping. I recently quit the company i was working for. I am in a desparate situation. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? 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. Can i approach a different employer with same petition number to proceed with my H1B stamping. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. 3. Please share your case. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. For how much time can I be on this visa without stamping? Now i am leaving current employer which files H1B & joining another employer. Always consult an immigration attorney to get your questions clarified. I wont have time to get my visa changed over to H1B during this trip. Were you able to find out whether we can apply for COS or how did you go forward? 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. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Let me know if you have seen this before. 5. Instead of checking Change of Status, they indicated that I am outside US. Yes. Does anyone know how long an amendment takes? 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? But, it is maybe good to get it clarified with an attorney. So can we file one more amendment without any issue when the previous petition is still in progress? Second, submit a change of status application. I am on the place as you are. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. 2. Thanks for the detailed reply. You can continue on your current visa till your H1B is stamped. You have to get the documents first. They are the right person to help you. Visa processing times and questions can be stressful at times, thank you for replying to the queries. I moved to new the address now (Different State). Please advise. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. International travel by foreign national trainees and employees must be planned carefully. My extension of H1B i129 was approved last week and I am living within US now. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. If yes what is the procedure? So he could start working again at least until April 2020. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. if so, what should I do for a month? You should review all of this information after each H-1B approval. 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. https://www.happyschools.com/ask-an-attorney/. Hi, 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. Kindly reply. #2 Change of Status DENIED I am in india right now. They are going to apply for h4. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. I hope you will be able to help me. Is there any risk involved in it? Thank you in advance for your kind understanding and cooperation. 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. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Lets say if my application picked up in lottery and Ill get result in May/June. 1. Theres no wait time. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. Current Status Visa type Ask your attorney or submit this via Ask an attorney by Email. You need paycheck only if your started working on H1. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. Is there a final date where I would need to take on my H1B visa? Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). Even when I work in consultant, is there any process that should be completed before I travel from India. My employer says it could take upto 4 weeks. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? Now My question is. A copy of you VAC-stamped DS-160 confirmation page. MY H1B employer is OK to work with Dell in Austin. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. Can I travel outside US now ? Please advise so that i can plan accordingly. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) 2. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). If you move before you receive the notice, call customer service at 1-800-375-5283.. My name on H4 i94 is mentioned with first name : xxx ; last :yyy 2> If I join a different employer after 6 months. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. My H1 b petition is approved 2008 June , I didnt went for stamping . Hi, Many consulates use an online appointment system for visa applicants. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. 2)Got an Approval Status on March, 2012 Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? I am still waiting for I797 from my company A. I am a little confused as to when to have my visa stamped. 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. 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. Can i be denied my h1b visa stamping because currently i am not teaching? Will the H1B come in effect from 10/01/2017 ? You should try to transfer before they withdraw. To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. You will be required to upload a digital photograph. because i can extend my visa when i am US only. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. if yes then how. You will eventually need H1 stamped right? 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. However I have a bit tricky situation. I am already in the US. 1. I am on F1-OPT, and my H1 gets valid from Oct. 1. I just wanted to play safe and avoid going for stamping in this trip. Or my H1B has to be stamped in my passport to be eligible for employer change? You have to talk to a few attorneys to find different solutions and then pick one. 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. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. Thanks in advance! You do not need to present your original I-797 approval notice when you apply for entry into the U.S. My employers attorney has filed a service request too with USCIS, but no updates yet. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Do I have to await the approval notice before joining the work force? If your visa application is approved it will be processed and mailed/available within 2 business days. I have a question. I am looking to file H1 visa. 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. 1. Congrats on your H1B Approval. Sorry, I dont know the answer. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. My husband employer filled for my extension. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. 5. Nationality H1B Approval notice sent to employer. I did not have petition copy with only i have WAC no. On April,15 a Company A filled my H1 work visa. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). Hello Can you please tell me what shud I do to correct that ?? My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. If it was a coincidence then my petition was approved using normal processing and I should get my money back. 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. Hi Raghu My case is similar to Abhisheks case. (The LCA received is having the old address). My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. Thanks for your response. If i find a new employer will I still be cap exempt? Hi Raghu, You should ask the same questions to an Immigration Attorney. My case falls under h4>h1. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. Thank you so much for setting up this website and blog. We are currently stating in US. Is it mandate to get the stamping done and travel to US during the validity period. I want to share my question to you hope I will get the answer. The approval notice shows same i94 number as h4 when she entered the US. Now things here are going good so thinking to change to new client and new location again. However, the USCIS has generally applied the analysis contained in the letter since 2004. How to Apply for H1B from H4 Visa Status. Based on these facts, the change of . Is there any company who can do H1 B visa can just reply me. You can go for H-1B stamping to your nearby American consulate. I want to transfer to new employer once i got my 797. Please review this material carefully. Now I have a tricky time my current client offering full time. Will that be enough to show employer and employee relationship or still end client letter is required ? So can I continue working on my L1B visa till will get new project from this third party consultancy ? Please let me know, Hi How much time will it take? Even for my wife the DOB is wroing in the I-797. My employer resubmitted documents and USCIS received it within the RFE response date. My L1 is valid until Jul 2012 and H1B until Nov 2012. Can some one help me to find what is the ideal solution? Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? I filed the petition under masters quota and with COS . When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. and want to convert my visa to H1B visa next year. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. 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? 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. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. 2) I dont have pay slips as I never joined company A. Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? Now my ques is , I knw i can work on 1 h1b at a time. as i will be traveling to my home country that time. My applied for H1B through my current employer. You should have the approval notice (I-797) form. But I havent taken ay next step considering the COVID situation. The end date indicated on the I-94 is your status expiration date. Currently I am in my post completion OPT. 1. Its would take less than 30 minutes to get a new DS160. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? please do let me know. My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? My question is, where do I go to receive this stamp I read about ? But due to unavoidable situation ,I need to travel to india. Looks like your COS was abandoned. 2. My visa stamping is done on May 2012 in Hyderabad . However, each U.S. consulate will have varying rules. If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. The USCIS stated that the change of status would take effect automatically on the effective date of the H1B petition / change-of-status notice of action of October 1, 2022, in this example. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Yes But i have not received hard copy of documents. I have only LCA ETA form 9035 & 9035E. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. I got my H1B stamping done last year in Sep 2009. Your attorney can ask for replacement copy of Approval Notice. But I am considering the former option. So, you can start working immediately. I am currently living in USA and working as a full-time employee with the same employer for 2years. I have two queries in regard to stamping. Heres a list of documents required for H1B Stamping. We sent you a notice that explains why we moved your case. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! His wife came on h4, now got h1b through lottery. A copy of your visa stamping appointment letter. 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. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. is this usual? 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? I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Did your h1b approve for stamping? You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. My change of status wasn't approved, so I will have to leave and get my visa. 3. case created:15th June, Case updated:18th June. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Hi Raghu, Now Im confused If my petition was approved on the same day they received my request for PP ? Do I have to apply for OPT extension? USCIS now provides a copy of the I-129 petition directly to US consulates. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. Thank you for the answers, Rao and Raghuram! Still my application is not approved. Hi Raghu, I got My H1b approved and started from October 1st, 2019. 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). I need your suggestion regarding the travel. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. I am filing my H1b in April 2017. Is there a way to salvage my petition ? 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. 2. Should he apply separately for an H4 or should we do it together? 2. Hi, Once I check that my H1B is approved on the internet, can I start to work right away? reagards 1) I need to travel to India between April and July, will there be any issue? The H1B petition is approved on July 1st. 2. 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? Your employer will provide you the I9 form to fill for them and it's only after your joining! Do you see an issue with this? My H-1B got approved recently as my employer applied it through Bachelor's degree. I will answer them in a video. Is that ok to start working in regard with my status? 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.