Raghu , For ex. This processing can take several weeks. But now new i94 , my first name : fnu and last : xxx yyy, I went to apply SSN but they were not able to see my records. That will answer all your questions . Thank you for the answers, Rao and Raghuram! or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA?
AVR to travel back to US with no H1B stamping and expired H4 stamping I am currently in India, I got my H1B Picked and yet to be approved. I have my H1B visa approved. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? Would i have to explain why there is a gap between my approval and commencement of work? 3. if so, what should I do for a month? I have got a valid H1b approved petition from my current employer. reagards Sumit, if you want faster processing, then convert to Premium. Will there be chance for getting stamped if I attend the interview late? If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. 3. I moved to new the address now (Different State). HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. 2) I dont have pay slips as I never joined company A. 2. 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 see few forums where they say that I will be eligible for Cap-exemption for next 6 years . L1 to H1 with CP. 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. You should have the approval notice (I-797) form. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. 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 . There many waiting to attend interview who got H1B approved last year. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. 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? Looks like you have figured out the best path and as you said, theres no ideal option. i got my first H1B approve in Oct 2009. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? If travel is required, advance planning and early visa application are critical. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? 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. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. It is our pleasure to assist you in this matter. But company x filed my petition when I was in place A and two months it moved me back to place B. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). You dont necessarily have to start working on the start date. I would need to H1B, F1 respectively. Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. I got F1 Approval in June. After approval of my petition, how long can i wait for change of status or getting stamped ? I will NOT be travelling out of the country. What documents should i carry in both situations(processing time and after acceptance of H1B). Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: I have not signed any agreement with company B. Please let me know if this is advisable and if not what are the consequences. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". USCIS approved my I-129 form a day before Trump announced federal hiring freeze. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. 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. My case falls under h4>h1. pls suggest your valuable guidance. I did not get my master's degree yet and luckly i got my OPT started lasy year. How do I make this appointment, and with whom? Is there any consequences in the case? This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. You should check if Transit Visa is required for Paris. Or, do I need to wait until I receive the hard copy of approval from USCIS? Hello Raghu, Thanks. I am currently on L1B visa in USA. Does this mean they sent the reciept that they received our request? This may help a consular office understand that your work does not have potential application for national security or terrorism. My employer says it could take upto 4 weeks. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Thanks for this information. Please contact our office if you would like to initiate a permanent residence application. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. I cant work without SSN and I cant get SSN with this issue?? Hello, did your employer provided you a copy of h1b petition application to you? 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. Hello, Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. We have applied for the extension and we have got the receipt. 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. I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). 1. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. Should I Marry an American Citizen to Stay in USA? My Visa interview is happen on June18th and counselor has taken my passport. If I can return on F1 visa what is the last date I can enter with F1 visa? Hi HSB, Opt Expiration date : December, 2012 Nationality Please can you share pros and cons for both the options or are they correct options to chose. Refer to US Consulate website and Required Documents list in this blog. I'm Indian, rightnow doing job in Singapore. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. Accurate I-94 records control your lawful status: they are very important. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. Any necessary supplementary documentation that may be necessary. Going to Canada for my H1B stamping a good option? I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 .
How To Travel On H1B Visa While H1B Petition Is Pending? 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. Please Help. In 2018 November I had to leave US and (the organization where I was working) because of a family Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me Im in H1B Status now and planning to transfer to new employer. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. The DOB is in the new I-94 which is at the bottom of the I-797 document. Please answer this question So how long does it take to have visa interview (in genaral). Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? Iffurther information is needed you will be contacted. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. So I think I lost my visa status. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. 2. I might have to go to India in December. Hire Us. 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. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Is there any info for attending visa interview in India? Sorry, They gave Master service agreement and PO copy between them and client. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. I have got a questions when you received all the documents to get your visa stamped. On April,15 a Company A filled my H1 work visa. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. What are the time lines for this modification?? My H1B premium process petition denied last month, now what could be the next step? USCIS now provides a copy of the I-129 petition directly to US consulates. We are currently stating in US. My employer is saying security check is going. It will say Post-Decision Activity. I was planning to travel to India once my case gets approved. But i couldnt see my employer sending me for visa interview. Approved H-1B Visa Petition with Change of Status. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Shilpi- did you get an answer to your query?
Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) My spouse current status is H4 EAD. 2. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Is this a practical scenario?
H1B Transfer & Change of Employer - Full Guide (2023) ?Could you please advice me on the same? 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 . Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? My H1 stamping was expired and my currrent petion is valid up to Jan16. Hi !! 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. In 2004, the U.S. Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? So when my transferred petition approves i would be having only 4months from the visa expiry . 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. or we are good to travel with updated LCA. I cant advice on questions affecting your legal stay in USA. chessmojo 1 yr. ago. 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. After your H1B Visa is approved, you have to follow the path back from USCIS. So its always best to check with a consulate first before booking for visa interview date. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? 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. My H1B status is approved . Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. 1)Do you think my visa can get transferred to company B?? or will it be a new h1b and i will be placed in lottery? Thanks. Please advise. 2. 1) How Can I know that my Petition was approved using PP or normal processing What should i do. You may begin work for an employer while your application for a Social Security Number is pending.
H1B Change of Status vs Consular Processing. Pros & Cons [2022] - RedBus2US 2023 Murthy Law Firm. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. But employer says that he has not yet received the 797. Question: What happens after your H1B Visa is approved? The increase in enrollment is due to the removal of travel restrictions . currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. First, you must be present in the U.S. at the time your employer files your extension petition. I will started working with new employer next month . Looks like your COS was abandoned. I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? I am applying for H1B COS on 01-APR-2017. OPT should be still valid please let me know how many days before the expiry date i have to reach US.
Steps after H1B Petition Approval - Visa Stamping, COS - RedBus2US If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. Hi Raghu, Is the H-1 Visa STAMP required to start the process for Green Card? I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. If you continue working, you run the . My question is what are the consequences of not having the visa stamped immediately. What all documents are required for the stamping? Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Congrats on H1B approval. http://www.happyschools.com/ask-an-attorney/. This is reason I considered going Canada instead. My case status is as follows: 1. case created:15th June, Case updated:18th June. In Mar 2019, my employer had filed an amendment for change of location.
Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? You may have different questions with respect to this situation. For information and tips on filling outForm DS-160, please see this website. because i can extend my visa when i am US only. Hi HSB, My H1B was on RFE. My question: Is there any problem in entering to USA as I am going after one year of approval? Questions affecting your status should be answered by an attorney. Is client letter mandatory while attending H1B visa stamping. If yes what is the procedure? This is because the last action regarding the foreign nationals status governs. My case got recently approved. Most visa applicants must appear at a consulate for personal interviews. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. It will be bumpy ride. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. But I have left from the company which applied my H1B. Current Status Visa type or reasonably safe to do so ? My question is, where do I go to receive this stamp I read about ? 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. I know so many who got benefits from the second degree (completing it). You can consult one from our team https://askanattorney.happyschools.com/. If your application for H1B transfer is approved, you can continue with your job. I will appreciate any legal and serious advise on this matter. H1B Visa petition can be approved with Change or Status or Without Change of Status. The end date indicated on the I-94 is your status expiration date. I currently live in the US. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. But i have not received hard copy of documents. Now again i am filing H1B. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. i will have to travel to india next month . Or, are there still any possibilities to be rejected? I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Hey Please schedule a 15 minutes call. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Ask your employers attorney Can you please tell me what is the percentages of cases still approval pending with USCIS. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. Heres my opinion: H1b extension is taking about 5 months for regular processing. Am I correct? If your stamp is valid, you can reenter US with that, you dont have to get stamping again. 1> If I join same employer (who filed my H1B) after 6 months Please also follow any specific instructions on the consular website about additional documents to bring to the interview. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. Can I join B without any issues/legal hassles? I am in a similar situation. 1)My H1-B was filed using I129 in November, 2011. If i go what will be the problem to my H1B? Is her H1B approved on Oct 2008 is till valid ? I am currently working with a Client A on contract for a year. 2.
USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt Can we come back on L1 visa. In short Yes, but is hat H1 petition still not revoked? If documents doesnt come by the time you leave then you can ask your employer to mail it to you. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. I dont know if you can start working if online status says approval. Talk to your Employers attorney. File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). I got my stamping done in Jan 2019. Can you please tell me whether we can go to stamping with this ammendment details. Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. My status got changed from H4 to H1. 3. In the past, this was an option, but currently, only visa renewals can be done in Mexico. Prior to this my OPT ended on 09/26/2016. So, seek legal counsel in this case. Help But my attorney filled the form incorrectly. 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? Check with your attorney or https://askanattorney.happyschools.com/. 3)if i go late for the stamping is it a problem?? 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. I have two queries in regard to stamping. Hi, But during H1-B stamping what should i defend, if questioned about this? Check with your attorney for suggestions and answers. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. Your H-1B status is valid until the end validity date of your most recently issued I-94. currently embassy is not operation for normal window due to COVID Now I can utilize the same Petition number to other Employer. Checking the feasibility of changing employer 1. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Also, I am planning to apply for h1b for next year. Please share some information wrt this. Will my visa become invalid or will it still be valid after few months? In this she cannot travel and neither u can extend her i-94 based on ur new petition. Im yet to get the mail . Is there any other way to expedite the process or get information from USCIS. I joined them in 2018 when I was on F1 . or Am i eligible for CAP-GAP automatically?
Form I-9 after H1B approval : r/h1b - reddit.com Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? I would list where you are working right now as current employment. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . A copy of you VAC-stamped DS-160 confirmation page. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . He just received a mail from university that his sevis is terminated and out of status now. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Is it possible to continue with my trip to India? What are our options ?
H1B Transition Issues: International Travel - Murthy Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? I am in US and my status is F2. Why are you hesitant to renew your passport? Mine got approved on 12 Nov, Still waiting for 797. You should ask the same questions to an Immigration Attorney. pls help. I have the same concern being in the same situcation as Shilpi mentioned 1.
Traveling in H-1B Status - Office of International Students & Scholars I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. If you told for me to went there and got the stamp when would you suggest? For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. H-1B and O-1 Travel. 1. 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? Could I have issues at the port of entry airport because of the H1-B pending? What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Thanks. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job.