Should I go to my home country for H1-B visa stamping or it is too risky for me? 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. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? Get approval, then stamping. Got message: 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. But the location where i want to go for work is different state than the petition filed for a different state. I cant advice on questions affecting your legal stay in USA. 1. 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. Second, submit a change of status application. In the past, this was an option, but currently, only visa renewals can be done in Mexico. Congrats on your H1 approval. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . If i go what will be the problem to my H1B? You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. And new passport have details of older passport in it. Should amendment be filed before Oct 1?? When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. Thanks for your response. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. Now can go for stamping or not. 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. 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. This year if I want to go for a job or higher studies in US. Right now, I am on Post completion OPT and it ends on Feb 2021. Talk to an attorney and figure out the plans and status. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? 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. My employer is saying security check is going. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Some people are waiting in India without having an opportunity to travel with H1 approval. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Many consulates use an online appointment system for visa applicants. The H1B petition is approved on July 1st. Talk to an attorney https://askanattorney.happyschools.com/. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Current Status H1B Approved Hi, You need to apply via lottery. 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 i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. Will it pose a problem while getting the visa stamped? My employer says it could take upto 4 weeks. I am taking appointment for H1b Stamping and H4 visa for my wife. There is no grace period. Please help me by providing answers to these questions. 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? Congrats on H1B approval. Whether my H1B will be denied etc? 3)if i go late for the stamping is it a problem?? The intervening admission to the U.S. does not override this later effective date. 1) I had received RFE. I want some time ( may be 1 week atleast ) to resign from present employer. You dont need stamping. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. I ll be grateful if you can guide me for this. 3. If yes, I need to get updated project/client related documents from the employer who filled. 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. But I havent taken ay next step considering the COVID situation. I hope you will be able to help me. Any help is appreciated. Id have a question. If your employer is not giving the letter, then you have to go with what they have given. H1B Visa petition can be approved with Change or Status or Without Change of Status. Is there a way I can reenter the States using my current F1 visa? Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. I94 is generally used for your entry and exit in US. However, we cannot predict if you will face any issues unless we have more information about your specific case. I never traveled to US before. As you said, many of us are still awaiting the H1B approval. In 2018 November I had to leave US and (the organization where I was working) because of a family I wasnt planning to go to India for H-1 stamping this year. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. If you have a pending extension petition . I cant work without SSN and I cant get SSN with this issue?? Now My question is. ?Could you please advice me on the same? Refer to application form I-129. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. I would wait for the approval notice. Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 You are right. My spouse live outside of US. Later in 2010 I come to US on L1B visa. Please let me know what should be done to correct my DOB??? hi Raghu The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. Should I Marry an American Citizen to Stay in USA? Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). I am in similar situation, did you get to know any way to get the COS approved Im US? My H1B I hope gets approved next week if so how long will it take for me to get it stamped? 2. When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. Copyright 2005 2022, MURTHY LAW FIRM. Quick question- I received the COS from L1B to H1B two days back. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. My H1 got approved this oct6 from California center. Will my visa become invalid or will it still be valid after few months? In short Yes, but is hat H1 petition still not revoked? 3. Thank you for the answers, Rao and Raghuram! #2 Change of Status DENIED 2. OR Do I need to go back to india for stamping or can I continue with h1b? and want to convert my visa to H1B visa next year. 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. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. 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. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. Please contact our office before making travel plans. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. Is i am eligible to stamp by next employer OR my petition is waste. RFE is answered and I am waiting for the reply. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. Hey Please schedule a 15 minutes call. e.g. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Hi, And petition validity is till October 2013. They would have to file COS from H4 to H1 ( and they can do in Premium). Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Accurate I-94 records control your lawful status: they are very important. 1. You cancheck visa-waiting times here, and you cancheck consular procedures here. Both of our visas got expired as of sep30. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. You will fill DS-160 as if you are going to attend an interview with Company A. 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. (The LCA received is having the old address). Questions affecting your status should be answered by an attorney. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. 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. However, the USCIS has generally applied the analysis contained in the letter since 2004. I got my H1 approved and it starts from Oct 1 2009. My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. 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? 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. I am in a similar situation. Kindly reply. You can do premium for faster approval. Raghu, How to Apply for H1B from H4 Visa Status. I will NOT be travelling out of the country. 3. Please let me know what would be scenario. Will the company C file new H1B (on what basis) . Else, it can take months and theres not time limit. And Ill be working remotely. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. 1. If my husband visa gets approved by nov15, do I need to wait for the documents? Can you tell me when can they apply for H4? My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. I have H1-B petititon approved in 10th October 2010. I've a similar situation. But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. and stamping. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . 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?? Got the recpiept on amendment but havent heard anything from USCIS. I will started working with new employer next month . Is that realistic or did we mix things up? 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. I know there is recession there in US, but in my case the reasons for not being able to land there are different. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Now in ds160 I have filled new passport details. I am not sure how strict the immigration about it. I got my H1B application approved and also done with the stamping on may 2012 . Why are you hesitant to renew your passport? What is Premium Processing? Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? My H1B has been applied from an MNC and it got approved. You have 3 options. 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. 1. 1) I need to travel to India between April and July, will there be any issue? Hi, Lets say if my application picked up in lottery and Ill get result in May/June. 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). I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments I entered US 14 days prior to the start date mentioned on my i797. The USCIS responded that the travel does not change the equation. 1> If I join same employer (who filed my H1B) after 6 months Can Someone please help? Also, please suggest if people are getting their H1B approved? Why not get H1B stamping and enter US? Ask it via Ask an Attorney ( through this blog )