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 should ask the same questions to an Immigration Attorney. If would get the degree. Can you please tell me what is the percentages of cases still approval pending with USCIS. Hi, My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. 1. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? My employer files an H1B cap-subject petition for an F-1 student on April 1st. After you change to Company B, you will submit New DS-160 with company B details. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Is there any dependency of result of one amendment on the other. 1. 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. Sharad. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. 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? 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.. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. I am afraid of expiry date, what will be best solution for it . Only your employer can help you with this case. 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. I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. If you do premium processing, then you can get approval in May/June. Got message: Hi !! But, if you get denied, Im the one to blame. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. 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. My i129 petition has been approved without change of status from h4 to h1b. Dose the h4 extension approval usually takes this long after the h1b is approved ? My case got recently approved. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Or, are there still any possibilities to be rejected? A copy of your DS-160 receipt. You dont need stamping. would there be any problem returning US at the port of entry ? When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. My company applied for the H1B but are now saying that there are no projects. Any necessary supplementary documentation that may be necessary. Will my extension application be cancelled and do I need to apply again? Thanks a lot for the response, Raghuram. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . Ive tried the CDN immigration website. My friends are telling like she should give some 221G atleast if she needs to hold approval. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Anyone know what is the procedure what we need to follow once we receive acknowledgement? I am on F1 Opt working for a company. to transfer you need the approval and EAC #. The original I-797 approval notice. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. No I9 and I94 are different. It is really helpful for the candidates like me! Talk to your Employers attorney. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? My H1b got approved for Fiscal year 2015 on 5th Dec,2015. So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? kindly help me please. Is client letter mandatory while attending H1B visa stamping. Hi, My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. ( OR) I agree with your attorney. My H1B receipt received on April. I94 validity and with what Visa Type Ganesh Thanks for highlighting it out. Im yet to get the mail . If you live outside the United States, you can schedule your H1B visa interview. You may begin work for an employer while your application for a Social Security Number is pending. My Visa interview is happen on June18th and counselor has taken my passport. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. 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. 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? I never traveled to US before. I cant advice on questions affecting your legal stay in USA. My petition is approved for the year 2015. 2. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. Your H-1B status is valid until the end validity date of your most recently issued I-94. 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. I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? Hi, Its taking longer than usual for H1B processing. Hi Raghu, Shanvi. ( There is a requirement of paystubs please check with some expert on how many ), 4. However, we cannot predict if you will face any issues unless we have more information about your specific case. But before interview i will get my new H1B extension petition. Can I get to continue to work with my current visa status (L1, L2 or OPT)? Please hel me if some one knows the rule of H1B Visa. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. I have checked my status online and it says , we denied your i129 and mailed you the decision . Check the Processing Time, usually, H1B and H4 gets approved at the same time. Dhara Hi HSB, My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice My petitioner has sent me WO agreement between petitioner and client for whom I will work. Thank you in advance for your kind understanding and cooperation. If yes then what would be the approximate cost of status change ? Can he transfer Visa or will apply new visa? Now my ques is , I knw i can work on 1 h1b at a time. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. Refer to US Consulate website and Required Documents list in this blog. 2. Mine is a tricky situation. However I have a bit tricky situation. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. When should I go for stamping looking into the current corona situation. 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? 3) If I can and should then Whats the procedure ? Post the question to Attorney Murali via Ask an Attorney. Is it possible to transfer my H1B without any issues? It is possible to go for stamping from other MNC/consultancy with this details? Not its not valid. 2. Will there be any issue with that on stamping. Can you please share your experience like what did you do in your case.? 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. Going to Canada for my H1B stamping a good option? Why are you hesitant to renew your passport? One of my friend has the same issue now. I've a similar situation. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Transfer h1. My H1B was on RFE. 2. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. You are right. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Yes You don't have any gap. please do let me know. I had started working with my new employer after I had received the petition filing receipt. I have got a questions when you received all the documents to get your visa stamped. Myself Bhanu. Does this mean they sent the reciept that they received our request? The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. 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. Till what period my attorney/employer would receive the i797 approval Mail notice. Case 2: Im in the very same situation as you were in. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. I have the same doubt. 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. Thanks. and want to convert my visa to H1B visa next year. The DOB is in the new I-94 which is at the bottom of the I-797 document. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? 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. Thanks. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. So, will my last year case have any impact on this year, as I didnt go last year. That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. I found your video really helpful to understand the process. Some people may have H4 visa or others may have F1 to come back to USA. Please suggest me. 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. My husband employer filled for my extension. In Mar 2019, my employer had filed an amendment for change of location. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. When your legal stay/status in USA could be affected, always seek legal help. 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 I entered US 14 days prior to the start date mentioned on my i797. I got my H1B application approved and also done with the stamping on may 2012 . as i will be traveling to my home country that time. Thanks!! Can I go for H1b visa stamping this year with the petition approved documents? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Some changes may require an amended H-1B petition. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). 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 ? 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. So can we file one more amendment without any issue when the previous petition is still in progress? Thanks !! Hi HSB, This is not the suspension of H1B Visa program. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. My case status is as follows: 1. If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. But I couldnt get any job because of corono . My visa stamping is done on May 2012 in Hyderabad . My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. Do I also have to inform my University of the COS? In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. 2. The H1B petition is approved on October 27th. My wife is expecting and she will not able to travel anytime soon for the stamping. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? I am currently in India, I got my H1B Picked and yet to be approved. You can transfer your H1 to new employer and they have to send the required documents. Since then I have acquired alot of helpful information that has helped me tremendously. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. 6. Hello raghu, thanks for sharing the information. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS 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. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Prior to this my OPT ended on 09/26/2016. @Fanny We don't provide legal help. Its very helpful. The intervening admission to the U.S. does not override this later effective date. How long can it be allowed/valid to be stamped? You can start from here https://askanattorney.happyschools.com/ Your H-1B status is valid until the end validity date of your most recently issued I-94. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. I had filled H1B first time and was approved in Ocotber 2016. I94 validity and with what Visa Type Not sure about I94, visa type is H1B I got my h1b petition approved filed by my previous employer couple of days back. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 2. Do I need to go back to india for stamping or can I continue with h1b? Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. Heres a list of documents required for H1B Stamping. Accurate I-94 records control your lawful status: they are very important. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. 2. It will be bumpy ride. Thanks. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. My employer saying till january I may have to wait. Hey You will need to submit new ds-160 to update the employer. Will he be able to go and attend the stamping? I have my visa stamped this September and I want to travel in the month of March. Hi, if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? Do I need to get a date from consulate to get H1B Stamping in India? I am getting my H1-B start date as 1st Dec 2010. Talk to your attorney. 1. If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. Our company doesnt support E-2 Visas anymore. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) P.S: also my husband will join me in the US. Is my petition still valid and can be considered for cap exemption.? I have a weird situation. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. I would wait for the approval notice. 2. H-1B Specialty occupation Extension of stay in the U.S. You have to understand the concept of H1B Visa and Change of Status. My H1B visa has been approved and I am waiting for my Stamping. thanks for this updated information. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. Not advisable . 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. Did you transfer your H1B to your current client without working with Employer Y? Hi Raghu My case is similar to Abhisheks case. Nationality and my last day in the organization was 11/16/2018. I've received all H1B related documents from my employer. Will my current H1-B application get rejected because i dont have these details? My Employer file H1B visa under Premium processing. I have to go for stamping in Chennai. I want to schedule my spouse H4 visa interview on Dec 2nd week. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. If I can return on F1 visa what is the last date I can enter with F1 visa? Need to go for stamping to activate my visa. 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. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). So when my transferred petition approves i would be having only 4months from the visa expiry . 2. Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Hi, Visa Validity Kindly guide me what should be my next step. Thank you in advance . Education No US Degree (Graduation and Post Graduation from Indian University) I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? My L1 is expired for company A with valid I-94.