If I can return on F1 visa what is the last date I can enter with F1 visa? After your H1B Visa is approved, you have to follow the path back from USCIS. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S Pls reply Appreciate any help on this to get the SSN ASAP for her to . Please can you share pros and cons for both the options or are they correct options to chose. It can take four to six weeks or longer for visa appointments. I joined them in 2018 when I was on F1 . same office location but the new address of residence is in different county. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? If yes, what will be the visa validity he can expect? They applied for my H1B visa and I just got all the documents from them. H-1B and O-1 Travel. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). I have the same concern being in the same situcation as Shilpi mentioned But employer says that he has not yet received the 797. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. Hi, 3. Second How tough to get H4 Visa? If my husband visa gets approved by nov15, do I need to wait for the documents? Kindly reply. This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. You will be fine. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? 1. 1. Congrats on your H1B Approval. I have removed parts of your comments. But they did not send me for stamping. should I get back to the US before the 7th of July ? I am in US with H4 dependent visa in which I wasnt authorized to work. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? If you continue working, you run the . So can i go to home country and stamp H1 on Aug 1st week or 2nd week. I have two queries in regard to stamping. Could you kindly please provide me some guidance on below question? 1. On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? Quick question- I received the COS from L1B to H1B two days back. My husband employer filled for my extension. What form do I have to submit for the visa interview? I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. My case is approved for H1 B cap for year 2017. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Can I try for H1B transfer from here in India itself? You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). Can I travel outside the US after H1B approval (change of status) but Also, I am planning to apply for h1b for next year. But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. Did you transfer your H1B to your current client without working with Employer Y? 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. Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. Question I have is my husband was in F1 and went ahead with divorce. an assumption, I have submitted the client letter, SOW etc. Customs and Border Protection (CBP) has implemented an electronic I-94 system. Would i have to explain why there is a gap between my approval and commencement of work? My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? 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. Thanks. H1B Visa 2024 Lottery Predictions - How Many? Analysis, Results Activation of my h1b is October 1st 2016. Hi, I think your employer can extend H1B petition up to 6 months before. 1. I just got my H1B approved. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Should he apply separately for an H4 or should we do it together? Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. 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? Do I also have to inform my University of the COS? Please help me by providing answers to these questions. I have an H4 visa and live in USA. 1. My visa stamping is done on May 2012 in Hyderabad . Is there any risk involved in it? You can also post it via As an Attorney here. Hey You will need to submit new ds-160 to update the employer. 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. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. H1B Approval notice sent to employer. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. Things to Know After Your H-1b Is Approved 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. Can I travel to home country and return without getting my H1b stamp? Even when I work in consultant, is there any process that should be completed before I travel from India. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. E2 EAD maybe better then H4 EAD. My Green Card process may start early next year. 3. I still did not receive my 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. I have received the approval notice which is valid till June 2020. Both of our visas got expired as of sep30. I got my stamping done in Jan 2019. I have the copy of the police report that was filed when I lost my passport. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. 3)if i go late for the stamping is it a problem?? Thank you. 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 ? https://premium.happyschools.com/course/consulting/, Hi Raghu, If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. Can this be done ? This option is explained here for the benefit of MurthyDotCom readers. Travel Tips for F-1 Students on OPT or Planning a Change of Status to H You can go for H1B stamping till the date 60 days before its valid. Could you please let me know all the possible options? Will it create problems during H1b stamping in India during interview ? Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy I am searching for consultancy firms who will file my H1B visa. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. 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. My case status is as follows: 1. There are some exceptions to this rule. But due to some issues I am not traveling and will be travelling in 2021. If yes how.? 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 ?? 2.What are the options to get a valid I-94, without going back to my home country for stamping? You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Will he be able to go and attend the stamping? I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. So, seek legal counsel in this case. This year if I want to go for a job or higher studies in US. 1)i have opt extension up to 2018 july is still valid or not?? Case 2: Your emoloyers attorney should answer this question. In USCIS site, my case status was changed to approved on July 16, 2015. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. Now, I am wondering if I am unable to get the above position. Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? I know the alternative is to wait together to go as family. Please share some information wrt this. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Some people may have H4 visa or others may have F1 to come back to USA. 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 i find a new employer will I still be cap exempt? Shanvi. I am applying for H1B COS on 01-APR-2017. Hi Raghu, Can i be denied my h1b visa stamping because currently i am not teaching? As there are not much requirement during November and December month. Will my extension application be cancelled and do I need to apply again? This year if I want to go for a job or higher studies in US. 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? I never traveled to US before. Sharad. My employer has filed for H1B amendment for new location. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Again i m talking abt having multiple amendments ( not transfer). 1. I got my H1B application approved and also done with the stamping on may 2012 . I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. I'm Indian, rightnow doing job in Singapore. Could you tell me what happened to you case? https://www.happyschools.com/ask-an-attorney/. Unfortunately the communication with the US embassy here is very complicated. 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? My spouse current status is H4 EAD. 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. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . 2. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. We are planning to upgrade it to PREMIUM . 1. Hi, Im in the very same situation as you were in. On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. 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. Now I can utilize the same Petition number to other Employer. Should I have to appear again for visa count ? Thanks, Im on F1 Visa Status currently working in USA on STEM OPT. 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. So its a negative in my case and ill be counted in cap? I wasnt planning to go to India for H-1 stamping this year. But company x filed my petition when I was in place A and two months it moved me back to place B. Can I put resignation and wait to join other employer ? I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. Not sure, why they have to say H1 cant be extended. As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. You can do premium for faster approval. My employer hold me till todate. My H1 is starting from Jan 01, 2011. Many consulates use an online appointment system for visa applicants. Can you please share your experience like what did you do in your case.? Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. First, you must be present in the U.S. at the time your employer files your extension petition. So questions to you are: 1. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. I got selected to start a 3 years residency program at a major US university. In the meantime, my spouse got a Full Time offer with Company B. Should I go to my home country for H1-B visa stamping or it is too risky for me? 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? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Please help! You have to understand the concept of H1B Visa and Change of Status. URGENT! I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. Why not get H1B stamping and enter US? I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Thanks for this information. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. Dont try to save on FICA taxes . Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. I have H1-B petititon approved in 10th October 2010. My spouse live outside of US. i read from various web sites saying generally people go to either MEXICO or CANADA. You get the original in 2-3 working days. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. Thanks for the great information. Please advise so that i can plan accordingly. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. 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. If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. A DHS memorandum dated May 16, 2000 states that an alien in . My passport was stolen on 05/28/2017 in Los Angeles. What are the time lines for this modification?? I cant work without SSN and I cant get SSN with this issue?? PDF IMMIGRATION FACT SHEET - Sidley Austin My Lawyer already applied for the amendment, but we didn't get any confirmation from them. In this she cannot travel and neither u can extend her i-94 based on ur new petition. It is really helpful for the candidates like me! The new employer transferred his H1 again and it is in premium processing currently. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? or can I travel after my acceptance of H1B. During this period, prospective petitioners and representatives can complete and submit . Thanks. 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. when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. if so, what should I do for a month? I have a weird situation. 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. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. Hi, I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. 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. I would appreciate any advice on our case. 15 calendar days to get the decision. Would my H1B visa expire at some point if I do not adjust my status? The 2004 Hernandez letter remains helpful and relevant even after many years. Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. F (413) 584-5411 Currently I am working for company A and my H1b got picked up this year. 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. You can start working on H1 as per the Start Date listed on the Approval notice. A travel letter template for your employer to complete before you travel can be foundhere. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Location change is from my employers location A to location B. 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. You need to ask an Attorney. Is there any dependency of result of one amendment on the other. F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . Question: What happens after your H1B Visa is approved? He just received a mail from university that his sevis is terminated and out of status now. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Is there a final date where I would need to take on my H1B visa? Hi Raghu My case is similar to Abhisheks case. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day).
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