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. I am in US on F1 visa now. 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? Thank you in advance . You cannotify USCIS of any change of address online. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Total stay in US- Never been to US Is that petition is valid now ? You can start working on H1 as per the Start Date listed on the Approval notice. Do I have to await the approval notice before joining the work force? I am currently in US on L1 visa and checking options to moving to h1b visa. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? I know so many who got benefits from the second degree (completing it). Am I considered out of status ? They are going to apply for h4. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. Why are you giving incorrect info? In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. @Fanny We don't provide legal help. Thanks -Padraig. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). Its a direct client. 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. My case status is as follows: 1. Here I got some confusions.. 1. There will be a visa fee of at least $190 for each machine-readable visa issued. 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. pls suggest your valuable guidance. Hi, Is it ok, if I stamp my visa first and then my wife and kid go later on. My first trip to Canada will be August 2011. i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. 1> If I join same employer (who filed my H1B) after 6 months My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. Is there any info for attending visa interview in India? Should I cancel my H1B ? 2. Second How tough to get H4 Visa? 1. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Please suggest. Now my employer is saying that they want me to start from Jan 1 2012. Check with your attorney or https://askanattorney.happyschools.com/. 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. I am searching for consultancy firms who will file my H1B visa. Does it help for any cap exempt? I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? Am I correct? I had not scheduled my visa interview, and I didnt join that company. 1. If yes how.? Currently i am staying in Kuwait for some project work. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? 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? But employer says that he has not yet received the 797. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). Or do I need to work with employer Y at least few months? But I couldnt get any job because of corono . Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) I am in US with H4 dependent visa in which I wasnt authorized to work. 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. I just graduated with Bachelors in Computer Engineering from a US university this august. Nationality- Indian 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. I am in similar situation, did you get to know any way to get the COS approved Im US? I must have to visit India from Dec2 -Dec28. So in that case i need to attend visa interview again to make my travel. Could it harm my visa to do so? Sorry. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Thanks, Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Your employer will file H4 visa along with your H1B application. My Green Card process may start early next year. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. 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. What happened ? You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. So, will my last year case have any impact on this year, as I didnt go last year. What will the case status online if COS is denied and H1b is approved ? I can return back to work to the same employer or different employer after few months. When he asked to return the money they are not willing to do so Can I transfer my H1B without working with employer Y before October. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. Prior to this my OPT ended on 09/26/2016. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. I agree with your attorney. after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 Hi, my OPT extension is valid until June 2018. I have a planned trip to India on 27th October 2016 for around a month. Hi Raghu, But I have applied from third party employer and now due to pandemic situation getting new project is difficult. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. My fiance and I both work for the same company in the US. 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 ? If you could pls help answer my below question : 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. You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. 3. So i wanted to schedule the H1B interview by the second week of Oct-09. I got my H1B approved through Consular notification. After that, I changed Employer without stamping. Your H-1B status is valid until the end validity date of your most recently issued I-94. My case is approved for H1 B cap for year 2017. However, there are a few things you need to know before you travel. or is that an approval notice? Employment duration with present employer 6 months. Looking forwardat your best advice. Is it possible to transfer my H1B without any issues? Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. ), 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. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. 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. My question is, where do I go to receive this stamp I read about ? USCIS approved my I-129 form a day before Trump announced federal hiring freeze. 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. I have a family emergency and that made me go from 19th of september to 24th of september. But i have not received hard copy of documents. 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. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. My passport is changed after I applied my H1B lottery due to spouse name addition. or can I go to any country to get H1-B stamping ? I recently quit the company i was working for. Later in 2010 I come to US on L1B visa. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. 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. also one of my friend lost his 221G how can we get the copy of 221G? I feel this might be becoz of the COS as i was not there in US while applying the petition . I need to travel to India by this month end. I feel really frustrated by all this bureaucracy. If COS is approved, your L1 is gone! H1B Visa petition can be approved with Change or Status or Without Change of Status. All the numbers I try online dont help. Not advisable . Please advise. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. I think 6 years will start when H1B status is activated. Thanks. What is the maximum duration I can wait before going for stamping. I will started working with new employer next month . My OPT expiry date: 03 Jan 2017, I am on F1 Opt working for a company. Unfortunately the communication with the US embassy here is very complicated. I am awaiting for documents from my employer. I had not scheduled my visa interview, and I didnt join that company. Or, are there still any possibilities to be rejected? Its fine if my petitioner name is A in the account that I have created while scheduling appointment? I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. 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. Current Location India Even if my H1B COS is approved either before they travel or while they are travelling in June/July? But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. You can do the math from there. Nationality Please advise so that i can plan accordingly. I had started working with my new employer after I had received the petition filing receipt. Please help me guys, I am totally confused on this. Same company, same role. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? MY H1B employer is OK to work with Dell in Austin. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. People are still waiting for H1B results filed in April 2015. 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. I got my h1b petition approved filed by my previous employer couple of days back. Please be sure to do the same for your dependent(s). Email info@cbkimmigration.com What form do I have to submit for the visa interview? If not what should I do ? Transfer h1. 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 H1 is approved for the FY2017. Please also be sure to email us a copy of the I-94 printout for your file. Is there any special rule for this type of scenario? 1. If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? My H1 is approved with COS. Need to go for stamping to activate my visa. My H1B Status still in Received status, what should be the deadline time to change the statues? an assumption, I have authorized CPT and went to India on vacation. 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. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. How do keep it active? They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4. But my Visa Petition status is showing active and approved. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Ask it via Ask an Attorney ( through this blog ) I live outside of the US, and only 10 days to find apt and get ready to work?? I still did not receive my thanks for this updated information. Replied Rfe in November , still waiting for results. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? 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. But I am considering the former option. A copy of your DS-160 receipt. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. I am currently working with a Client A on contract for a year. (same sate). 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. 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 For ex. Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. 1. But which document i needed to get stamp by next employer. I am already in the US. My current employer Dell India wants to me to work for them in Austin. 2. I could say that you can get it stamped from another country ( as other have done in the past). One of my friend has the same issue now. I got my stamping done in Jan 2019. and stamping. Iffurther information is needed you will be contacted. You can consult one from our team https://askanattorney.happyschools.com/. 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. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. Post the question to Attorney Murali via Ask an Attorney. If i go what will be the problem to my H1B? My H1B has been applied from an MNC and it got approved. If you have a pending extension petition . Now Im confused If my petition was approved on the same day they received my request for PP ? Hi Raghu, Updating the address in USCIS website is sufficient or anything else is required? Please reply ASAP! I think I can work as consultant initially and transfer H1B. Can i still get my H1B stamped? Get approval, then stamping. Your emoloyers attorney should answer this question. They are the right person to help you. 3) If I can and should then Whats the procedure ? I got my first H1B approve in Sep 2011 for 1year. #2 Change of Status DENIED My organization inititated HNSC request premium as My current visa will expire by 31Jan . There is an option to have your first H1B visa stamped in Canada. Your attorney can ask for replacement copy of Approval Notice. The H1B petition is approved on July 1st. Could you please tell me the process how you got the H1B.I am also looking for one. Thank you. 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. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Is this possible? Refer to US Consulate website and Required Documents list in this blog. But now I got an offer from company B. I want to join company B instead of A. Documents related to your H-1B petition. In Mar 2019, my employer had filed an amendment for change of location. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? We have applied for the extension and we have got the receipt. can you tell me do i need to pay the complete fee or no. Can we come back on L1 visa. Is their a validity associated with it. Ive my client letter, pay stubs, W2 forms everything clean. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. will be it be better to go for visa stamping before or after october 1st 2009? 2.What are the options to get a valid I-94, without going back to my home country for stamping? 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? The case is approved on August 23, 2022, with a change of status from F-1 to H1B. I would wait for the approval notice. International travel by foreign national trainees and employees must be planned carefully. However I have a bit tricky situation. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. Can you please help me with this? hi Raghu (Or) How much time do I have, to travel outside the country and get the H1B Stamping? You are right. Let me know if you have seen this before. I have got a questions when you received all the documents to get your visa stamped. You can continue on your current visa till your H1B is stamped. So, you can start working immediately. You can go for H1B stamping till the date 60 days before its valid. 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? my time period exceeds means from india i can Apply my H1B or not. Refer to comments policy. Any help would be appreciated in clarifying the following questions. Hi Thanks. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Hi, Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? Congrats on H1B approval. Please advise what should me the best approach here. But company x filed my petition when I was in place A and two months it moved me back to place B. 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? It is really helpful for the candidates like me! Would my H1B visa expire at some point if I do not adjust my status? When should I go for stamping looking into the current corona situation. Now My question is. I've received all H1B related documents from my employer. In short Yes, but is hat H1 petition still not revoked? Thanks. This option is explained here for the benefit of MurthyDotCom readers. But i am planning to change it to H1B. What are the time lines for this modification?? My OPT extension came in effect from 10/01/2016. When your legal stay/status in USA could be affected, always seek legal help. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? 1. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. Close All Open All Cap-Gap Extensions Eligibility for an Extension 2. My friends are telling like she should give some 221G atleast if she needs to hold approval. By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. In USCIS site, my case status was changed to approved on July 16, 2015. Can I travel outside the US after H1B approval (change of status) but before Oct, . Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. Hi Raghu, 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. Got message: Will this be ok? Is the H-1 Visa STAMP required to start the process for Green Card? Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. It happens and theres nothing you can do but wait. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. 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. how soon and in what way I can travel to the USA ASAP. i will have to travel to india next month . What is the grace period to file the COS now? I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. Currently I am on F-1 Student Visa. Hi Raghu, Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Can I get stamping before October 1 and enter the U.S. on H-1B? I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. After visa is approved, you should get the passport within 3 to 4 days. My question is how many days do I have before I join the work and use my H1B status ? Please set aside time to complete this form. I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. Currently I am getting interview date of March 5th. I was thinking of traveling to India to get the stamping in the month of November. Question I have is my husband was in F1 and went ahead with divorce. I have not signed any agreement with company B. My attorney told you can get stamped anytime before your STEM OPT expires my question is. 2. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). Are you able to transfer? Will there be chance for getting stamped if I attend the interview late? Hi Raghu, I got My H1b approved and started from October 1st, 2019. I hope i could find an answer to my question . 1. Im on F1 Visa Status currently working in USA on STEM OPT. Hello Raghu, Is that ok to start working in regard with my status? Please suggest I am in huge confusion and tension. please do let me know. First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. I never traveled to US before. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. 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. Hi Rushi, I have travel plans and booked VISA Interview on December 16th. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. Looks like your COS was abandoned. I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. We are planning to upgrade it to PREMIUM . We recommend obtaining a new passport with given and surnames if possible. Sorry, They gave Master service agreement and PO copy between them and client. (The LCA received is having the old address). You can start from here https://askanattorney.happyschools.com/ After you change to Company B, you will submit New DS-160 with company B details. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. But before interview i will get my new H1B extension petition. Can i approach a different employer with same petition number to proceed with my H1B stamping. Does this mean they sent the reciept that they received our request? Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. Check with your attorney for suggestions and answers. Thelist of member countries is here. Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped They applied for my H1B visa and I just got all the documents from them. I got my H1B approved in Dec 2018 from a non-profit Organization. L1/L2 extension is also being applied by company. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? What should i do. There is no grace period. Due to some reasons their department HOD is not going to sign the OPT form. I have two options below. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Where are you getting information that you need 3 months pay stubs? Or my H1B has to be stamped in my passport to be eligible for employer change? Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. I have to make lot of assumptions since you have not mentioned your current status:- Dont have an ETA. If you had approvals in the past 6 years, then you dont count in the lottery.