My H1b got approved for Fiscal year 2015 on 5th Dec,2015. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. Change of Status(COS) or Consular Processing (CP). Kindly guide me what should be my next step. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. Question: What happens after your H1B Visa is approved? 1. Can we come back on L1 visa. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. Yes you can but you need the approval notice. pls suggest your valuable guidance. Thanks a lot for the response, Raghuram. So, seek legal counsel in this case. What is the consequences of never stamping or late stamping ? is there any way i can contact USCIS and get to know more about this ? URGENT! Any help is appreciated. Hire Us. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. What documents should i carry in both situations(processing time and after acceptance of H1B). 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. Hi Raghu, Hi Raghu, Dhara 9. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. How far is this info correct? Hi Raghu My case is similar to Abhisheks case. He would really like to get some help from a professional to make sure that all the documents are correct. I have not spent a single day of H1B employment with my petitioning employer. It is possible to go for stamping from other MNC/consultancy with this details? Our company doesnt support E-2 Visas anymore. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. But, you would need a valid US visa (other than H1B) to re-enter the USA. 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. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. 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 . Does this mean they sent the reciept that they received our request? It can take four to six weeks or longer for visa appointments. We are currently stating in US. First, you must be present in the U.S. at the time your employer files your extension petition. Theres no way to update a DS-160 once submitted. 2. Please review this material carefully. And Ill be working remotely. My DS 160 form status too in Administrative processing, can you please help me what should I do now? Not sure, why they have to say H1 cant be extended. Issues to deliberate on The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. or reasonably safe to do so ? Congrats on your H1B Approval. please let me know how many days before the expiry date i have to reach US. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). https://askanattorney.happyschools.com/, Hi , 15 calendar days to get the decision. Going to Canada for my H1B stamping a good option? My parents are coming to US for a visit. You can do premium for faster approval. I wanted to visit home before I start my job. kindly help me please. Most visa applicants must appear at a consulate for personal interviews. Typical administrative delays are 2-4 weeks, but some are much longer. I just got my H1B approved. My H1B has been approved and I am currently in USA. My H1B Status still in Received status, what should be the deadline time to change the statues? A copy of your visa stamping appointment letter. reagards I will NOT be travelling out of the country. 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? #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. Hi Rushi, Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . As I was with F1 status and it will finish from Sept, during one month I dont have no status. P.S: also my husband will join me in the US. This is reason I considered going Canada instead. You should ask the same questions to an Immigration Attorney. My question is how many days do I have before I join the work and use my H1B status ? 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 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S are there any issues? I had not scheduled my visa interview, and I didnt join that company. 3. what happens if i leave US before october and couldn come on time. This may help a consular office understand that your work does not have potential application for national security or terrorism. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. One of my friend has the same issue now. You can confirm the same question via Ask an attorney. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. I am in US with H4 dependent visa in which I wasnt authorized to work. 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. Now Im confused If my petition was approved on the same day they received my request for PP ? My approval notice has mentioned Montreal consulate, now i have moved to Calgary. I think your employer can extend H1B petition up to 6 months before. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. 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?? I would appreciate any advice on our case. You will fill DS-160 as if you are going to attend an interview with Company A. please do let me know. 1)i have opt extension up to 2018 july is still valid or not?? Looking forwardat your best advice. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. or will it be a new h1b and i will be placed in lottery? It has already been 6 months since i received my approval. Thanks. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). You should consult an attorney about a status-related question. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. 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. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. 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). That office now has jurisdiction over your case. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. 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". Yes. Not its not valid. Approved H-1B Visa Petition with Change of Status. I am in india right now. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). My H1B visa is showing approved now. 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. My attoryney applied for an amendment on June 2nd. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. Im not sure. Will this be ok? 5. Should I go to my home country for H1-B visa stamping or it is too risky for me? However, each U.S. consulate will have varying rules. Visa processing times and questions can be stressful at times, thank you for replying to the queries. Later, you may jump ahead to certain sections. did your employer provided you a copy of h1b petition application to you? 3. If I can return on F1 visa what is the last date I can enter with F1 visa? or It was just a coincidence and my petition was approved on the same day using normal processing ? As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. She came to US in H4 Visa in 2009. Sorry. I've a similar situation. My question is what are the consequences of not having the visa stamped immediately. I have only LCA ETA form 9035 & 9035E. This year if I want to go for a job or higher studies in US. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? pls help. What are our options ? USCIS now provides a copy of the I-129 petition directly to US consulates. 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 are right. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. Copy of your old H1B approval notice and offer letter, pay stubs, etc. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. My next employer is ready to stamp. Please contact our office if you would like to initiate a permanent residence application. 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? 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? But with some personal issue, I need to travel to India in the 2nd week of April 2019. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? 2. 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. 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. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. 2. How this H1B visa be utilized in these two cases: https://askanattorney.happyschools.com/. 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). 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. If yes what is the procedure? What is the maximum duration I can wait before going for stamping. My friends are telling like she should give some 221G atleast if she needs to hold approval. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Second How tough to get H4 Visa? However, i have also pursued a masters degree in Environmental science with which i am working right now. Hello Raghu, But my Visa Petition status is showing active and approved. Raghu, https://www.happyschools.com/ask-an-attorney/. I am currently working as a full time employee Programmer analyst in e-verified company. My OPT extension came in effect from 10/01/2016. I dont know if you can start working if online status says approval. 3. My L1 is valid until Jul 2012 and H1B until Nov 2012. Only French Consulate can answer this question. No I9 and I94 are different. International travel by foreign national trainees and employees must be planned carefully. Is their a validity associated with it. Before you may visit the United States on an H1B visa, you must get a physical copy of your approved H1B's i797 and apply for an H1B visa at a . Same steps as applying for new Visa. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Thanks for the detailed reply. However, we cannot predict if you will face any issues unless we have more information about your specific case. After your H1B Visa is approved, you have to follow the path back from USCIS. If so, how long does it take to receive the hard copy of approval after the decision is made? Do I need some documents and letter from my employer before I fly to US? Will there be any issue with that on stamping. and want to convert my visa to H1B visa next year. or can I go to any country to get H1-B stamping ? 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? You have to get the documents first. Can you please help me in understanding what should I do? 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 m doing Msc biotechnology. This analysis was provided by the USCIS in the form of letter guidance. But : this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. would there be any problem returning US at the port of entry ? I was on F1 and recently changed from F1 to HIB. So its a negative in my case and ill be counted in cap? We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. I am on the place as you are. Congrats on H1B approval. Now I have a tricky time my current client offering full time. Ive never done any studies here in US/Canada and Im from India. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. 3) If I can and should then Whats the procedure ? I94 validity and with what Visa Type Else, it can take months and theres not time limit. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. 1. 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. I came to US in 2006 for my Master's. Yes, you can use the 1 year validity passport to go for visa. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. 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. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? This option is explained here for the benefit of MurthyDotCom readers. Can this be done ? Is it necessary to work in petitioned company, while going for an H1B interview. I have responded to an RFE and am awaiting the final approval, hopefully. E2 EAD maybe better then H4 EAD. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? 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?