Did you get the answer of yr question? My questions are: I am in similar situation, did you get to know any way to get the COS approved Im US? My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Education US or non US ( there are certain quota for US Masters Degree or PHD students). One of my friend has the same issue now. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. When should I go for stamping looking into the current corona situation. A reciprocity fee may also be required. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). If yes, I need to get updated project/client related documents from the employer who filled. 3. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Please advise what should me the best approach here. Is it possible to transfer it to my new employer. Can i still get my H1B stamped? Else when is the earliest to do that?? 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. I am a little confused as to when to have my visa stamped. My Petition got selected for h1b by lottery. Refer to comments policy. 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 my employer file for extension with the start date Jan 2nd 2019. Now my question is can I change my employer in May/June immediately after getting approval ? Got message: Is it mandatory to get the H1B VISA Stamping after the H1B is approved. Can you tell me when can they apply for H4? https://askanattorney.happyschools.com/, Hi , Im not sure where you can attend the visa interview from. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . Try again few days. 1. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? Hey You will need to submit new ds-160 to update the employer. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. 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. Pls reply I am bit worried on this status, can you please help me to understand this status. I have my visa stamped this September and I want to travel in the month of March. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. I believe there are some options, but all of them are not ideal. So, you can start working immediately. Heres my opinion: 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. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. You can confirm the same question via Ask an attorney. So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . No. 1. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. Hi, 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? 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. I94 is generally used for your entry and exit in US. Please let me know. Please contact our office before making travel plans. You may have different questions with respect to this situation. 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. You should consult your employers attorney . 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. As per USCIS website, filing is mandatory but approval is not to work in new location. Based on that the following are the cases that I landed up). I joined them in 2018 when I was on F1 . I wont have time to get my visa changed over to H1B during this trip. 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.. There are some exceptions to this rule. Hi, I have an active L2 EAD and I am working at the moment. 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? 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? If you could pls help answer my below question : 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. 1. 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 did not get my master's degree yet and luckly i got my OPT started lasy year. Can I go for stamping here in US consulate rather than going for stamping in India? I live inside USA and I have valid status. Thanks. My H1B visa is showing approved now. If you have a pending extension petition . We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. 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 ? currently embassy is not operation for normal window due to COVID My name on H4 i94 is mentioned with first name : xxx ; last :yyy For some personal reason, I am quitting my job with present employer( who filed my h1b). 2) when can i go for the stamping?? The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. 1. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. I am Ram. I live outside of the US, and only 10 days to find apt and get ready to work?? I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. 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. to transfer you need the approval and EAC #. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. I would like to know what would be my options if Id like to extend my petition. This may help a consular office understand that your work does not have potential application for national security or terrorism. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. 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? If yes how.? 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. Hi Raghu, I got My H1b approved and started from October 1st, 2019. 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. I have one more offer from company C, My question is I would list where you are working right now as current employment. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Please correct your article. 1)i have opt extension up to 2018 july is still valid or not?? and want to convert my visa to H1B visa next year. IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. If your employer is not giving the letter, then you have to go with what they have given. I would appreciate any advice on our case. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. My case status is as follows: 1. 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 two options below. same office location but the new address of residence is in different county. Currently on a Project Thanks. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. what exactly this security check and how many days it will take. But I have left from the company which applied my H1B. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. Hi, Even when I work in consultant, is there any process that should be completed before I travel from India. During this period, prospective petitioners and representatives can complete and submit . You can do premium for faster approval. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Company B is filing H1b for me. 3. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Or should I do the same my employer has asked me to do. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. Waited for i-129 approval but dont want to waste the chance of F1 visa. Please Help. It got approved on 12/06/2016. My Employer file H1B visa under Premium processing. 2. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. 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. I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. I am currently on L1B visa in USA. I have H1-B petititon approved in 10th October 2010. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). Dont try to save on FICA taxes . I started working since 6 months in pretty big company. Will there be any serious issue duing VISA interview. and stamping. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. 4. Kindly reply. What is Premium Processing? Thanks for the detailed reply. I was planning to travel to India once my case gets approved. If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. The end date indicated on the I-94 is your status expiration date. You need to apply via lottery. Thanks. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Can I get to continue to work with my current visa status (L1, L2 or OPT)? I am awaiting for documents from my employer. I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. However I have a bit tricky situation. Dhara My DS 160 form status too in Administrative processing, can you please help me what should I do now? In 2004, the U.S. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? Use the https://forums.happyschools.com/ for Q&A. 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 . Is there any info for attending visa interview in India? Am i excluded from quoata process if i want to process /transfer H1 with new consultant? 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 . My situation is similar to yours. If your visa application is approved it will be processed and mailed/available within 2 business days. 3. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. hi Raghu So in that case i need to attend visa interview again to make my travel. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. Will that be enough to show employer and employee relationship or still end client letter is required ? Company B is a consultancy company. First Do i have any problem in visa stamping? I had not scheduled my visa interview, and I didnt join that company. Could you please tell me how many days it will take for replacement copy of Approval notice. I just want to know what all documents I have to collect from my employer. We are currently stating in US. 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. My employer says it could take upto 4 weeks. You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. I am in a desparate situation. I still did not receive my 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. file MTR or appeal. After your H1B Visa is approved, you have to follow the path back from USCIS. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. 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. My organization inititated HNSC request premium as My current visa will expire by 31Jan . I am taking appointment for H1b Stamping and H4 visa for my wife. Question I have is my husband was in F1 and went ahead with divorce. If you have your H-1B approved, have to get the H1B stamp before entering America. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Due to some reasons their department HOD is not going to sign the OPT form. We are planning to upgrade it to PREMIUM . Without any paystamps with employer Y. 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. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . If I can return on F1 visa what is the last date I can enter with F1 visa? whether can I come back to US? Is it ok to wait for more than 3 momths after my H1 approval? You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. I am currently in India, I got my H1B Picked and yet to be approved. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. 2. My joining date with other employer is after 3 weeks. Your H-1B photograph. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. 2. I have valid H1b petition until 2014. Show them your I-94. You dont have to wait until September or October to get Visa stamping for H1B. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? https://askanattorney.happyschools.com/. I've a similar situation. because i can extend my visa when i am US only. I have a question about changing of visa status. Is client letter mandatory while attending H1B visa stamping. He would really like to get some help from a professional to make sure that all the documents are correct. 2. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. (or) Am I suppose to have October pay-stub i..e on H1 status. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? I am in US on F1 visa now. But i couldnt see my employer sending me for visa interview. I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. 2. Now I have a valid petition and stamped Visa both valid till Jan-2023. Same steps as applying for new Visa. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? currently iam in USA Only French Consulate can answer this question. Looks like your COS was abandoned. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. 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. will be it be better to go for visa stamping before or after october 1st 2009? While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. You dont need stamping. OR Any other Visa (L1 or B1 etc ) NO other Visa My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. My i129 petition has been approved without change of status from h4 to h1b. Else, it can take months and theres not time limit. Hi If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. 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. How this H1B visa be utilized in these two cases: can i take got visa stamping with that case ? 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 I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). 3. what happens if i leave US before october and couldn come on time. 2. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Unfortunately the communication with the US embassy here is very complicated. My friend has a situation where any of your suggestion would do a great help. Ive my client letter, pay stubs, W2 forms everything clean. Can I have my first H1B visa stamped in Canada? I have to make lot of assumptions since you have not mentioned your current status:- Issues to deliberate on You can consult one from our team https://askanattorney.happyschools.com/. So i wanted to schedule the H1B interview by the second week of Oct-09. Traveling While Awaiting an H-1B Extension. Thanks for the great information. ?Could you please advice me on the same? If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments I feel this might be becoz of the COS as i was not there in US while applying the petition . 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. 2023 Murthy Law Firm. If i go what will be the problem to my H1B? You can start working on H1 as per the Start Date listed on the Approval notice. I just got my H1B approved. Please suggest I am in huge confusion and tension. I have the copy of the police report that was filed when I lost my passport. 1) How Can I know that my Petition was approved using PP or normal processing Yes, if #1 is True. 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. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. Now things here are going good so thinking to change to new client and new location again. Can this be done ? Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. You should have the Approval Notice with you. I was on F1 and recently changed from F1 to HIB. Once you receive i797, within 40 days you should go for stamping? Looks like you have figured out the best path and as you said, theres no ideal option. If you are interested in reaching out to us, please click here: P (413) 584-3232 Your visa stamp will reflect the I-797 validity. Talk to an attorney ASAP to know your options. I just graduated with Bachelors in Computer Engineering from a US university this august. But, if you get denied, Im the one to blame. Please let me know on this. 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. MY H1B employer is OK to work with Dell in Austin. Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. Please post your question in Q&A section. Is there a way to track the status? Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Can Someone please help? Is there any consequences in the case? Consultant with whom i processed my H1 is no longer reachable. are there any issues? What documents should i carry in both situations(processing time and after acceptance of H1B). The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. 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. My petitioner has sent me WO agreement between petitioner and client for whom I will work. Is this a practical scenario? 1. Questions about affecting your status should be posted to an Attorney . I am afraid of expiry date, what will be best solution for it . I recently quit the company i was working for. 2. 3)if i go late for the stamping is it a problem?? how soon and in what way I can travel to the USA ASAP.
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