thanks 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. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Hi, Due to some reasons their department HOD is not going to sign the OPT form. Can I get stamping before October 1 and enter the U.S. on H-1B? If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. Looks like your COS was abandoned. You need to find new employer. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. Second How tough to get H4 Visa? Let me know what does my status mean . can i re-enter USA on my F1 visa without any issues in port of entry?. You will be fine. 3. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. What happens to my H1 b status? My petitioner has sent me WO agreement between petitioner and client for whom I will work. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. ( OR) One of my friend has the same issue now. He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). Please hel me if some one knows the rule of H1B Visa. But they did not send me for stamping. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Please suggest I am in huge confusion and tension. Does it help for any cap exempt? did your employer provided you a copy of h1b petition application to you? They may refile or do a MTR. 3)if i go late for the stamping is it a problem?? Now, I am wondering if I am unable to get the above position. My current employer Dell India wants to me to work for them in Austin. 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. Is there any info for attending visa interview in India? Im in the very same situation as you were in. 1. My OPT expiry date: 03 Jan 2017, Is there a final date where I would need to take on my H1B visa? My employer applied my H1B on 4-4-2010. it is still in pending.my question is. I joined them in 2018 when I was on F1 . I have both passports with me. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. You can do the math from there. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. 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). I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Your visa stamp will reflect the I-797 validity. 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. 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. Can i be denied my h1b visa stamping because currently i am not teaching? 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? A travel letter template for your employer to complete before you travel can be foundhere. 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 ?? chessmojo 1 yr. ago. Or do I need to work with employer Y at least few months? 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. I had not scheduled my visa interview, and I didnt join that company. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? The student's OPT is valid until November 30th. Is this a right thing to do ? I have removed parts of your comments. I have the copy of the police report that was filed when I lost my passport. Hire Us. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. currently iam in USA (Shilpi says: December 3, 2011 at 1:42 AM). Thank you for the answers, Rao and Raghuram! I have received the approval notice which is valid till June 2020. A copy of your visa stamping appointment letter. 2. Congrats on H1B approval. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Do I need to get a date from consulate to get H1B Stamping in India? There is an option to have your first H1B visa stamped in Canada. Now things here are going good so thinking to change to new client and new location again. Since then i am in india, and did not attend US consulate for stamping. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? 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. Try again few days. If you have your H-1B approved, have to get the H1B stamp before entering America. 2. After going to India if i will not get stamping in India, Transfer h1. My H1 got approved this oct6 from California center. My questions are In the question posed, the petition and the change of status had been approved before the person departed the U.S. I am on h4 dependent on my husband h1b. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. Hi, 2. Based on these facts, the change of . You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Ask the consulate. Thanks. You cannot choose which status you want to be maintaining. I hope you will be able to help me. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. Hello, But, it is maybe good to get it clarified with an attorney. When can I start working for the employer? Now My employer requested me to come to USA. H1B Visa petition can be approved with Change or Status or Without Change of Status. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. My company applied for the H1B but are now saying that there are no projects. hi Raghu You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. is this usual? My employers attorney has filed a service request too with USCIS, but no updates yet. But which document i needed to get stamp by next employer. Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. My Petition got selected for h1b by lottery. 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. I just wanted to know the risks in traveling to India now. Can I travel to India in March ? My H1 stamping was expired and my currrent petion is valid up to Jan16. Once I check that my H1B is approved on the internet, can I start to work right away? We are planning to upgrade it to PREMIUM . Please reply ASAP! Whether my H1B will be denied etc? You dont have to wait until September or October to get Visa stamping for H1B. Its taking longer than usual for H1B processing. My H1B visa has been approved and I am waiting for my Stamping. My H-1B got approved recently as my employer applied it through Bachelor's degree. 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 ?? There are two steps involved in changing visa status from H-1B to F-1. My employer has given me all the documents that he has received from the attorney. I would list where you are working right now as current employment. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. Hi, Should I cancel my H1B ? Now again i am filing H1B. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. To provide more details; (I have the option to chose two different places. I started working since 6 months in pretty big company. HI, 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. I am currently in India, I got my H1B Picked and yet to be approved. What is Premium Processing? I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. DEC 2015 still waiting for final decision .. yes , responded to RFE in NOV 2015 . 2. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. 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. 5. My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? But I too am in a same boat, Hey Raghu. Depending on your status change. 2) My H1B is filed by employer based in Seattle. If yes, what will be the visa validity he can expect? After your H1B Visa is approved, you have to follow the path back from USCIS. Got the recpiept on amendment but havent heard anything from USCIS. How long does it take to recived the hard copys to my petitioner? I got my H1B stamping done last year in Sep 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 must have to visit India from Dec2 -Dec28. But due to some issues I am not traveling and will be travelling in 2021. 1. But, if you get denied, Im the one to blame. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Hi, Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. 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. 1. if so, what should I do for a month? Can I have my first H1B visa stamped in Canada? You are right. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. I am afraid of expiry date, what will be best solution for it . 1. You should try to transfer before they withdraw. You should ask the same questions to an Immigration Attorney. ), 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. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Thanks for asking. The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. Hello, Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. I recently quit the company i was working for. Is there any other way to expedite the process or get information from USCIS. My passport was stolen on 05/28/2017 in Los Angeles. 1. I am not sure how strict the immigration about it. However getting visa appointments in India is also hard so you just pick your poison I guess. 3) However I left my employer who had filed my petition in February 2012 to join a new company Yes. i will have to travel to india next month . 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. Ask your attorney or submit this via Ask an attorney by Email. 1)My H1-B was filed using I129 in November, 2011. 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 H1 is approved with COS. Thanks. ?Could you please advice me on the same? 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. Please Help. 4. If you do premium processing, then you can get approval in May/June. Otherwise, the issuance of your visa may be delayed. I m doing Msc biotechnology. Now company forgot about my master's degree. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. If H1 done vs CP, then you will stop working when you enter the US on H4. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? I will appreciate any legal and serious advise on this matter. You can go for H1B stamping till the date 60 days before its valid. I got my h1b petition approved filed by my previous employer couple of days back. document posted to employer and I am a resident of UAE and Indian Citizen, Should If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. Will my current H1-B application get rejected because i dont have these details? I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Were you able to find out whether we can apply for COS or how did you go forward? Required fields are marked *. 1. Thank you so much for setting up this website and blog. The new employer transferred his H1 again and it is in premium processing currently. 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? Also after receiving my I797 notice, can I go and apply for SSN? NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. file MTR or appeal. 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 have not signed any agreement with company B. Could you tell me what happened to you case? i9 will be used for your job and visa verification by your employer. 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. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. 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. My spouse live outside of US. I am also in same situation. Am I considered out of status ? Check the Processing Time, usually, H1B and H4 gets approved at the same time. This may help a consular office understand that your work does not have potential application for national security or terrorism. or is that an approval notice? Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me