What should i do. Hi Raghu My case is similar to Abhisheks case. Your employer will file H4 visa along with your H1B application. Should I Marry an American Citizen to Stay in USA? You will need to talk to an Immigration Attorney for your situation. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. I was trying to go for masters at the same time so I took both chances parallel . 3. As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. Can i apply for the H1 B visa NOW?? I have not gone for stamping yet. Case details: I feel really frustrated by all this bureaucracy. Try again few days. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. After approval of my petition, how long can i wait for change of status or getting stamped ? 1. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Is this a practical scenario? Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Only your employer can help you with this case. 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. Hi, Theres no wait time. Your attorney can ask for replacement copy of Approval Notice. can you tell me do i need to pay the complete fee or no. What was your status when you got denied notice? Can Someone please help? In this she cannot travel and neither u can extend her i-94 based on ur new petition. 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. Check with your attorney or https://askanattorney.happyschools.com/. Why are you asking questions impacting your status on forums? 1. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. please help. Checking the feasibility of changing employer My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. My Petition got selected for h1b by lottery. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. Not sure, why they have to say H1 cant be extended. Ask it via Ask an Attorney ( through this blog ) I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. 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. Can I transfer my H1B without working with employer Y before October. i will have to travel to india next month . All the numbers I try online dont help. 1. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. #2 Change of Status DENIED Looking forwardat your best advice. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. Sorry, They gave Master service agreement and PO copy between them and client. But company x filed my petition when I was in place A and two months it moved me back to place B. So, I have 2 questions: For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. But i couldnt see my employer sending me for visa interview. No you cant. Hi, I m doing Msc biotechnology. Please answer this question or can I go to any country to get H1-B stamping ? My visa stamping is done on May 2012 in Hyderabad . I am in US with H4 dependent visa in which I wasnt authorized to work. Hi Raghu, International travel by foreign national trainees and employees must be planned carefully. Travelling outside US when H1 B is under process is that a problem? Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. If Your H-1B Petition Has Been Approved as a Change of Status: My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice 1. My H1B got approved from dec 31 2015. Is there any dependency of result of one amendment on the other. Please review this material carefully. I did not have petition copy with only i have WAC no. 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 could say that you can get it stamped from another country ( as other have done in the past). After visa is approved, you should get the passport within 3 to 4 days. Please advise. My applied for H1B through my current employer. I am and just want some company in anxiety. Why are you giving incorrect info? I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Talk to an attorney and figure out the plans and status. Thanks for the great information. https://www.happyschools.com/ask-an-attorney/. Here I got some confusions.. 1. Same steps as applying for new Visa. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. Both of our visas got expired as of sep30. can I travel and come back without any problem? You don't have any gap. 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? 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. My H1 got approved this oct6 from California center. Thanks !! It can take four to six weeks or longer for visa appointments. 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. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. I am still waiting for I797 from my company A. Hi 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 ? But which document i needed to get stamp by next employer. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. I am getting my H1-B start date as 1st Dec 2010. I got my H1B approved in 2013 and stamped in 2015. 2. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. 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. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. 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 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. A reciprocity fee may also be required. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. I am in USA on H4 visa. So did you apply for STEM extension? I just graduated with Bachelors in Computer Engineering from a US university this august. I attend my visa interview from Dubai or India, Kindly advice. Can I travel to home country and return without getting my H1b stamp? So I think I lost my visa status. 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? Hi Raghu, I got My H1b approved and started from October 1st, 2019. 1) I need to travel to India between April and July, will there be any issue? My employer specifically mentioned that they will revoke my petition on or before 30th September. or It was just a coincidence and my petition was approved on the same day using normal processing ? 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. How far is this info correct? I m planning to go to USA. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? 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 . I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. 2. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? 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. I cant work without SSN and I cant get SSN with this issue?? If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. But now the requirement is not there with client Y. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Can I join B without any issues/legal hassles? Let me know if you have seen this before. I got my h1b petition approved filed by my previous employer couple of days back. Can you please share your experience like what did you do in your case.? What is Premium Processing? Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. My H1B visa is showing approved now. 2. Is it ok to wait for more than 3 momths after my H1 approval? While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. I did my Masters from US. Hi Raghu, I have a question regarding H1B visa appointment. Dont have an ETA. You can also post it via As an Attorney here. My attorney recommended that I should not travel to India until next summer. Can they apply before October 1? Now my doubt is will my h4 will be questioned if I go to India. Even for my wife the DOB is wroing in the I-797. Now, I am wondering if I am unable to get the above position. I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). I have a question , I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Hey RFE and travel puts you in tough spot. ( was on H4 earlier). USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . Visit this page frequently to know the latest updates. I got my H1B approved through Consular notification. caroline. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. 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. An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. Thanks. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. 15 calendar days to get the decision. If yes, what will be the visa validity he can expect? 3. what happens if i leave US before october and couldn come on time. Or, are there still any possibilities to be rejected? 2. I would like hear about your experiences or your advises on H1B visa stamping in Canada. 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. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. My H1 is approved with COS. 2. I wasnt planning to go to India for H-1 stamping this year. One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. You may begin work for an employer while your application for a Social Security Number is pending. In the meantime, my spouse got a Full Time offer with Company B. Hello Everyone, I did not get my master's degree yet and luckly i got my OPT started lasy year. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". Is it possible to continue with my trip to India? So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. 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 ( OR) Change of Status(COS) or Consular Processing (CP). If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. What documents should i carry in both situations(processing time and after acceptance of H1B). Your visa stamp will reflect the I-797 validity. 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.. In the question posed, the petition and the change of status had been approved before the person departed the U.S. I will answer them in a video. 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. 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 ? But my attorney filled the form incorrectly. 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. Then link the new DS160 to appointment confirmation (via travel docs). F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically .
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