Is there a way to salvage my petition ? 1. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. because i can extend my visa when i am US only. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. My question is how many days do I have before I join the work and use my H1B status ? I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? There will be a visa fee of at least $190 for each machine-readable visa issued. I am looking to file H1 visa. I've a similar situation. I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. Check the Processing Time, usually, H1B and H4 gets approved at the same time. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Company B is filing H1b for me. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. Could you please let me know all the possible options? My Petition got selected for h1b by lottery. Currently I am working for company A and my H1b got picked up 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. Travel, whether for personal or professional reasons, can be an exciting . Change of Status(COS) or Consular Processing (CP). 1. MY H1B employer is OK to work with Dell in Austin. 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. 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. Kindly reply. After 30 days, it will have to be done through an extension with USCIS. Should I Marry an American Citizen to Stay in USA? If X is L1, you cannot and should not work on L1 beyond the H-1B start date. I just got my H1B approved. I have received the approval notice which is valid till June 2020. Even for my wife the DOB is wroing in the I-797. pls suggest your valuable guidance. My question is what are the consequences of not having the visa stamped immediately. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. The H1B visa transfer process is as follows: 1. Hello raghu, thanks for sharing the information. 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 will NOT be travelling out of the country. 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. Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? 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. Thank you in advance. I just got a new Job Offer, is H1 transfer now a good idea? After going there i would like to change my status to H1B from F2. You should have the Approval Notice with you. I live outside of the US, and only 10 days to find apt and get ready to work?? 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 Employment duration with present employer 6 months. After H1B Visa Approval Notice Sent H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. Please share your case. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Yes, you can use the 1 year validity passport to go for visa. I am in a desparate situation. Yes. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. That will answer all your questions . Such guidance does not carry the binding force of law or regulation. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. I will answer them in a video. Opt Expiration date : December, 2012 I came to US in 2006 for my Master's. We sent you a notice that explains why we moved your case. Nevertheless we would like to stay and work in the US. 2. Is it possible to transfer my H1B without any issues? Thanks Raghu. Hi, You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. 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. 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. Go for stamping and did you ask your employers attorney? So its a negative in my case and ill be counted in cap? Use the https://forums.happyschools.com/ for Q&A. He would really like to get some help from a professional to make sure that all the documents are correct. Did your h1b approve for stamping? 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. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. I might have to go to India in December. But the office location is different and the new address of residence is different state. My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. even if my h1b is for a non-profit institution ? ), 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. Please advise what should me the best approach here. 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. If this happens, please contact us so we can discuss how to maintain and extend your status. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. Its would take less than 30 minutes to get a new DS160. Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). Yes. I will started working with new employer next month . I would like to know what would be my options if Id like to extend my petition. Nationality- Indian The USCIS stated that the change of status would take effect automatically on the effective date of the H1B petition / change-of-status notice of action of October 1, 2022, in this example. caroline. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. 1)i have opt extension up to 2018 july is still valid or not?? I am go to apply for H1 B extension. Or should I do the same my employer has asked me to do. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? My H1 is approved with COS. 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. 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. My H1 transfer is approved by employer B (new employer) and I received an approval notice. Another option is to renew my passport and submit application that way. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). kindly help me please. Not its not valid. If Your H-1B Petition Has Been Approved as a Change of Status: Talk to your Employers attorney. Is there any other way to expedite the process or get information from USCIS. Will I have to go for stamping to stay in the country? You need to apply via lottery. And new passport have details of older passport in it. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. My case got recently approved. I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. Will there be chance for getting stamped if I attend the interview late? Thats the conversation you should have with your employer and attorney. So when my transferred petition approves i would be having only 4months from the visa expiry . My passport was stolen on 05/28/2017 in Los Angeles. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S Can you please tell me what shud I do to correct that ?? You do not need to present your original I-797 approval notice when you apply for entry into the U.S. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? How do keep it active? My start date was March 5th. And petition validity is till October 2013. Does it help for any cap exempt? Could you tell me what happened to you case? My H1 stamping was expired and my currrent petion is valid up to Jan16. Please let me know what would be scenario. Any help will be really appretiated.Thank you all. ( OR) 2. 1) You need to enter petition no in ur wifes DS160 . I have a question, please guide if you can. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know My friends are telling like she should give some 221G atleast if she needs to hold approval. My Employer file H1B visa under Premium processing. What is the maximum duration I can wait before going for stamping. If you are interested in reaching out to us, please click here: P (413) 584-3232 Approved H-1B Visa Petition with Change of Status. But, you would need a valid US visa (other than H1B) to re-enter the USA. After approval of my petition, how long can i wait for change of status or getting stamped ? Based on these facts, the change of . If my employer file for extension with the start date Jan 2nd 2019. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. I would need to H1B, F1 respectively. My H1B got approved from dec 31 2015. 2023 Murthy Law Firm. I have the copy of the police report that was filed when I lost my passport. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. My name on H4 i94 is mentioned with first name : xxx ; last :yyy You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Currently i am staying in Kuwait for some project work. In order to apply for change of status, the applicant must still be in a valid status. I need to go outside US for visa stamping in order to start working and return back with COS. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. I have to go for stamping in Chennai. It takes few days for the Database to sync between I-94 and DMV. Start with your employer, employers attorney, if no you can ask via email. 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). 2. My petition is approved for the year 2015. USCIS now provides a copy of the I-129 petition directly to US consulates. I am on h4 dependent on my husband h1b. Second, submit a change of status application. Can I have my first H1B visa stamped in Canada? Its a direct client. My employer specifically mentioned that they will revoke my petition on or before 30th September. So in that case i need to attend visa interview again to make my travel. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. Are you able to transfer? Else when is the earliest to do that?? Your H-1B status is valid until the end validity date of your most recently issued I-94. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . My employer saying till january I may have to wait. Your article mentions that we can reenter the US only after October 1st. Hey Please schedule a 15 minutes call. 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. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Work for Company A generate at least 2 pay stubs and then do the transfer? My current H1B visa expiring in 31 Dec 2016. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. My spouse live outside of US. 2.What are the options to get a valid I-94, without going back to my home country for stamping? I think it will be extension of status and its gonna take 7 months in regular processing in VSC. 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. Then link the new DS160 to appointment confirmation (via travel docs). Im in the very same situation as you were in. I94 validity and with what Visa Type Not sure about I94, visa type is H1B My H1B Status still in Received status, what should be the deadline time to change the statues? You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. You have to be worried only if are doing anything wrong. 1) How Can I know that my Petition was approved using PP or normal processing Thelist of member countries is here. I got my H1B COS from F1. I went to PAI on 11/18. I travelled India when he was on H1 status and I do have visa stamping till March 2019. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. You can go for H-1B stamping to your nearby American consulate. Or, are there still any possibilities to be rejected? You dont necessarily have to start working on the start date. I have applied for SSN in near by office. This processing can take several weeks. My employers attorney has filed a service request too with USCIS, but no updates yet. 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. Since i am going in Dec 06, 2010 to Dec 19,2010. 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 ? and my last day in the organization was 11/16/2018. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. Suppose assume that im transferring in next month December. 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. 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 For ex. 1. What is the grace period to file the COS now? Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. They would have to file COS from H4 to H1 ( and they can do in Premium). Please share some information wrt this. towards the end of 6th year. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. How far is this info correct? Even if my H1B COS is approved either before they travel or while they are travelling in June/July? Anyone know what is the procedure what we need to follow once we receive acknowledgement? Now my question is can I change my employer in May/June immediately after getting approval ? Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? Your employer will provide you the I9 form to fill for them and it's only after your joining! Does anyone know how long an amendment takes? Please review this material carefully. My visa stamping is done on May 2012 in Hyderabad . 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. If you live outside the United States, you can schedule your H1B visa interview. 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. Please reply ASAP! Is it dangerous? You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Why not get H1B stamping and enter US? L1/L2 extension is also being applied by company. Same steps as applying for new Visa. 1)Do you think my visa can get transferred to company B?? I have travel plans and booked VISA Interview on December 16th. HI, I am Ram. 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. #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. It is really helpful for the candidates like me! Is there a final date where I would need to take on my H1B visa? You can confirm the same question via Ask an attorney. 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. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. Issues to deliberate on 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. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. 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.. My OPT expiry date: 03 Jan 2017, My current employer Dell India wants to me to work for them in Austin. Can I put resignation and wait to join other employer ? Before the start date of the job or after a while the job was started? Travelling outside US when H1 B is under process is that a problem? what exactly this security check and how many days it will take. I joined them in 2018 when I was on F1 . Hi , In short Yes, but is hat H1 petition still not revoked? https://askanattorney.happyschools.com/, Hi , Looks like your COS was abandoned. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. You cancheck visa-waiting times here, and you cancheck consular procedures here. Try again few days. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. My H1B premium process petition denied last month, now what could be the next step? But before interview i will get my new H1B extension petition. I have my H1B visa approved. Is this a practical scenario? pls help. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. Consultant with whom i processed my H1 is no longer reachable. Once I check that my H1B is approved on the internet, can I start to work right away? 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. Ganesh Thanks for highlighting it out. Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. Please be sure to do the same for your dependent(s). Thanks for the great information. You are on H1 and you should get paid! But during H1-B stamping what should i defend, if questioned about this? I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. If would get the degree. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. 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. If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. Is her H1B approved on Oct 2008 is till valid ? 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. If you have the approval notice for H1B, then can apply for H4 now. But i have not received hard copy of documents.
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