Is there a final date where I would need to take on my H1B visa? The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. The new employer transferred his H1 again and it is in premium processing currently. But due to unavoidable situation ,I need to travel to india. as i will be traveling to my home country that time. I would list where you are working right now as current employment. Currently I am working for company A and my H1b got picked up this year. Ganesh Thanks for highlighting it out. 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. I currently live in the US. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. 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 ? 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. 5. I got my H1B approved through Consular notification. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. Please also be sure to email us a copy of the I-94 printout for your file. 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? During this period, prospective petitioners and representatives can complete and submit . Work for Company A generate at least 2 pay stubs and then do the transfer? If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. But my Visa Petition status is showing active and approved. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Please contact our office before making travel plans. 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. but what will happen at the time of stamping.? Looking forwardat your best advice. 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 am currently on L1B visa in USA. I am in USA on H4 visa. My H1B visa has been approved and I am waiting for my Stamping. Plus, check to make sure your H1 is not withdrawn. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Will there be chance for getting stamped if I attend the interview late? You can do the math from there. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. Can I attend the interview by oct-09? CBP officers at the port of entry are not required to grant these additional days, but you may still request them. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. Now Im confused If my petition was approved on the same day they received my request for PP ? If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. So he could start working again at least until April 2020. But now I got an offer from company B. I want to join company B instead of A. Im in H1B Status now and planning to transfer to new employer. My case got recently approved. dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? However, i have also pursued a masters degree in Environmental science with which i am working right now. 2) I dont have pay slips as I never joined company A. towards the end of 6th year. Could it harm my visa to do so? I did not get my master's degree yet and luckly i got my OPT started lasy year. Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. Some people are waiting in India without having an opportunity to travel with H1 approval. Please advise what should me the best approach here. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. You need an H1B stamp to enter as H1B status. I have couple of questions? 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. 6. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. I got my H1B approved in Dec 2018 from a non-profit Organization. I am scheduled for a business trip from Sep 27th to Oct. 6. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. 7. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Here I got some confusions.. 1. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Education US or non US ( there are certain quota for US Masters Degree or PHD students). 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. Now my employer is saying that they want me to start from Jan 1 2012. Talk to an attorney and figure out the plans and status. Show them your I-94. Dose the h4 extension approval usually takes this long after the h1b is approved ? Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. 3. wat would be the best option for me to travel to India in this situation. I got F1 Approval in June. 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. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. H1b extension is taking about 5 months for regular processing. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. How this H1B visa be utilized in these two cases: and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). I live inside USA and I have valid status. That will answer all your questions . 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. also one of my friend lost his 221G how can we get the copy of 221G? I wasnt planning to go to India for H-1 stamping this year. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. Will there be chance for getting stamped if I attend the interview late? But, do you want to wait around to get into H1B under this current scenario? Yes. You have to understand the concept of H1B Visa and Change of Status. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. Case 1: Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. First Do i have any problem in visa stamping? Any help would be appreciated in clarifying the following questions. I can return back to work to the same employer or different employer after few months. 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 ? Could you please provide the procedure in this case. My H1B has been approved and I am currently in USA. My fiance and I both work for the same company in the US. It can take four to six weeks or longer for visa appointments. Travel in H-1B Status - Johns Hopkins University I was on F1 and recently changed from F1 to HIB. 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. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. If so, how long does it take to receive the hard copy of approval after the decision is made? In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S What are the time lines for this modification?? ?Could you please advice me on the same? As you said, many of us are still awaiting the H1B approval. My question: Is there any problem in entering to USA as I am going after one year of approval? 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. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? I have valid H1b petition until 2014. In 2004, the U.S. I have removed parts of your comments. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. Unfortunately, there is no empty pages left on my passport. Please help! I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. I m planning to go to USA. I94 validity and with what Visa Type 2. My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012. Where are you getting information that you need 3 months pay stubs? Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). Can I travel outside US now ? If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. I am in US on F1 visa now. Is client letter mandatory while attending H1B visa stamping. 2.What are the options to get a valid I-94, without going back to my home country for stamping? Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. Hi, I am currently living in USA and working as a full-time employee with the same employer for 2years. 2. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. I am and just want some company in anxiety. You should try to transfer before they withdraw. My status got changed from H4 to H1. It happens and theres nothing you can do but wait. ( was on H4 earlier). My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. I am currently in US on L1 visa and checking options to moving to h1b visa. My husband employer filled for my extension. When should I go for stamping looking into the current corona situation. Its very helpful. 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. But : Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS As there are not much requirement during November and December month. Will the company C file new H1B (on what basis) . Your dependents will also be unable to be admitted in H-4 nonimmigrant status. I have applied for premium H1 extendion this week. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. Can I try for H1B transfer from here in India itself? Can this be done ? My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status Thanks. I am sorry if my above assumptions do not fulfil your case. What should i do. My question is, where do I go to receive this stamp I read about ? My question is how many days do I have before I join the work and use my H1B status ? My spouse live outside of US. I will answer them in a video. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. I applied for a new passport in the Indian embassy in the US and have reported the lost passport to the US consulate in India. But, you would need a valid US visa (other than H1B) to re-enter the USA. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. Total stay in US are there any issues? My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. My L1 is valid until Jul 2012 and H1B until Nov 2012. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. My DS 160 form status too in Administrative processing, can you please help me what should I do now? H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Any people in my situation and got information regarding this,help please. Close All Open All Cap-Gap Extensions Eligibility for an Extension Hey Please schedule a 15 minutes call. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. This option is explained here for the benefit of MurthyDotCom readers. 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. Once you receive i797, within 40 days you should go for stamping? Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). (same sate). Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. Hi Raghu, They applied for my H1B visa and I just got all the documents from them. Then comes H1B Visa approval after a long wait. Can I join B without any issues/legal hassles? pls suggest your valuable guidance. I feel really frustrated by all this bureaucracy. Can they apply before October 1? I am a Canadian who has been working in the US with TN visas in the past. Theres no wait time. My employer hold me till todate. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. Can Someone please help? I am getting my H1-B start date as 1st Dec 2010. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). 1. Hello If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. Only when you travel. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. Do we need to visit counsellte again for stamping? Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy Stamping is not required unless you leave the country and enter again. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. Talk to your attorney. 5. For how much time can I be on this visa without stamping? 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 am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. I have to make lot of assumptions since you have not mentioned your current status:- People are still waiting for H1B results filed in April 2015. within 2 weeks. 2. I have responded to an RFE and am awaiting the final approval, hopefully. I am in India. And, Does 3 year duration starts from stamping date, or it is from Oct2019? If you continue working, you run the . I was thinking of traveling to India to get the stamping in the month of November. Im not sure. my status showing as below. 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 Travel After H1b Change Of Status Approved USCIS Update - FY 2024 H-1B Visa Lottery Registration Now Open! | H1B In this she cannot travel and neither u can extend her i-94 based on ur new petition. Is it mandate to get the stamping done and travel to US during the validity period. Would my H1B visa expire at some point if I do not adjust my status? For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. I want to schedule my spouse H4 visa interview on Dec 2nd week. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. So, will my last year case have any impact on this year, as I didnt go last year. 2. Instead of checking Change of Status, they indicated that I am outside US. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. It should come to you within 2 weeks. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? I have been postponing travel abroad because it is not suggested while approval is in process. There are two steps involved in changing visa status from H-1B to F-1. I would wait for the approval notice. Going to Canada for my H1B stamping a good option? hi Raghu My joining date with other employer is after 3 weeks. 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. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Hi Ram Im exactly at the same situation like yours now. 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. Can my employer file for an extension considering that I havent entered the USA with the initial/current petition and do we have to file for an extension before current one expires considering that I havent entered the USA? 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). Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. Now, my current employer is asking me to leave the country as my petition was denied. Consult and attorney. Does it help for any cap exempt? 4)Can the new company utilize my approved petition?