The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Same company, same role. Please set aside time to complete this form. Hi , If H1 done vs CP, then you will stop working when you enter the US on H4. 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 ?? ( OR) I am taking appointment for H1b Stamping and H4 visa for my wife. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. Ask it via Ask an Attorney ( through this blog ) But during H1-B stamping what should i defend, if questioned about this? 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. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Im in the very same situation as you were in. But now the requirement is not there with client Y. If my husband visa gets approved by nov15, do I need to wait for the documents? But, you would need a valid US visa (other than H1B) to re-enter the USA. 1. You may have different questions with respect to this situation. If yes how.? I am scheduled for a business trip from Sep 27th to Oct. 6. 1. Congrats on your H1 approval. Talk to an immigration attorney with new rule about location change. Second, submit a change of status application. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. I am already in the US. Then link the new DS160 to appointment confirmation (via travel docs). H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Dont try to save on FICA taxes . Went for stamping in Hyd and the status is pending. What happened ? You should ask the same questions to an Immigration Attorney. 2) I dont have pay slips as I never joined company A. You can transfer your H1 to new employer and they have to send the required documents. While your H1B change of status is pending, you are free to travel outside of the United States. H1B Transition Issues: International Travel - Murthy Hi Rushi, 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. I hope you will be able to help me. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). Lets say if my application picked up in lottery and Ill get result in May/June. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. My H1B was on RFE. Do I need to go for stamping again after his H1 gets approved with new employer? Kindly reply. Will it create problems during H1b stamping in India during interview ? P.S. I wasnt planning to go to India for H-1 stamping this year. After your H1B Visa is approved, you have to follow the path back from USCIS. Instead of checking Change of Status, they indicated that I am outside US. 1) How Can I know that my Petition was approved using PP or normal processing I am currently on OPT with H1 Approved status starting from Oct 1, 2016. There are some exceptions to this rule. Check the Processing Time, usually, H1B and H4 gets approved at the same time. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? My attorney recommended that I should not travel to India until next summer. Thanks in advance! or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? If i find a new employer will I still be cap exempt? You dont necessarily have to start working on the start date. What you need to do after your H-1B visa is approved The case is approved on August 23, 2022, with a change of status from F-1 to H1B. I have got my h1 approved october 20th. Copyright 2005 2022, MURTHY LAW FIRM. 2) when can i go for the stamping?? The student's OPT is valid until November 30th. Depending on your status change. Total stay in US or we are good to travel with updated LCA. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. Please advise. Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. whether can I come back to US? 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. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? My current employer Dell India wants to me to work for them in Austin. Try again few days. From USCIS website my status is confirmed as Approved. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). I went to PAI on 11/18. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. My employer saying till january I may have to wait. But employer says that he has not yet received the 797. Your H-1B status is valid until the end validity date of your most recently issued I-94. 1)i have opt extension up to 2018 july is still valid or not?? can i take got visa stamping with that case ? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . I entered US 14 days prior to the start date mentioned on my i797. Can I get to continue to work with my current visa status (L1, L2 or OPT)? (Shilpi says: December 3, 2011 at 1:42 AM). Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. But my client job can be terminated before visiting India by Oct10,2016. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . 8. can you tell me do i need to pay the complete fee or no. Location change is from my employers location A to location B. Any necessary supplementary documentation that may be necessary. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? My spouse current status is H4 EAD. Hi now I am on opt ead and my husband is on f2 status. Also, please suggest if people are getting their H1B approved? You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? I have the copy of the police report that was filed when I lost my passport. But, if you get denied, Im the one to blame. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Questions affecting your status should be answered by an attorney. I have already used my OPT and OPT extension. However I have a bit tricky situation. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. Your email address will not be published. 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 ? This means I will not be able to transfer it to a new employer. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. what exactly this security check and how many days it will take. 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. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. A copy of your DS-160 receipt. In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. 3)if i go late for the stamping is it a problem?? They are the right person to help you. E2 EAD maybe better then H4 EAD. Hi Raghu, My employer has given me all the documents that he has received from the attorney. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. I have the same concern being in the same situcation as Shilpi mentioned First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. You have to talk to a few attorneys to find different solutions and then pick one. I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. Post the question to Attorney Murali via Ask an Attorney. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? You can go for H1B stamping till the date 60 days before its valid. Yes you can but you need the approval notice. 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. ( There is a requirement of paystubs please check with some expert on how many ), 4. Please be sure to do the same for your dependent(s). On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. My opening is at location Y. I am planning to go to Stamping for location X and then file an amendment since I dont require to wait for the approval notice. 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. Will the H1B come in effect from 10/01/2017 ? Thanks. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. within 2 weeks. Such guidance does not carry the binding force of law or regulation. I have applied for premium H1 extendion this week. currently iam in USA e.g. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? After coming to US i changed my status to F1 in June 2011. I would list where you are working right now as current employment. If yes then what would be the approximate cost of status change ? Later in 2010 I come to US on L1B visa. i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. Unfortunately, there is no empty pages left on my passport. I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. Thanks for the detailed reply. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. I am still on my OPT that runs till next year June. I was working on h1b visa in usa from 1-2 years for same client. (The LCA received is having the old address). What is the maximum duration I can wait before going for stamping. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. Even when I work in consultant, is there any process that should be completed before I travel from India. I still did not receive my 5. Did your h1b approve for stamping? You can start from here https://askanattorney.happyschools.com/ if yes then how. Check the Processing Time at USCIS page. So when my transferred petition approves i would be having only 4months from the visa expiry . I have responded to an RFE and am awaiting the final approval, hopefully. L1 to H1 with CP. Should I cancel my H1B ? You can confirm the same question via Ask an attorney. 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. i read from various web sites saying generally people go to either MEXICO or CANADA. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. I94 is generally used for your entry and exit in US. My visa stamping is done on May 2012 in Hyderabad . Case 2: I had started working with my new employer after I had received the petition filing receipt. No. Is their a validity associated with it. Im on F1 Visa Status currently working in USA on STEM OPT. 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. 4. I am looking to file H1 visa. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. My Petition got selected for h1b by lottery. Hi HSB, (Regular processing). I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. I am on h4 dependent on my husband h1b. how soon and in what way I can travel to the USA ASAP. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. Im in H1B Status now and planning to transfer to new employer. i9 will be used for your job and visa verification by your employer. Can Someone please help? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. In this scenario do I need to go to home country for H1B visa stamping? I have two queries in regard to stamping. We cannot complete the DS-160 for you, but we are happy to answer any questions. H4 to H1B Visa: How to Apply for a Change of Status - Stilt Blog This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. I got selected to start a 3 years residency program at a major US university. Going to Canada for my H1B stamping a good option? You are right. Hello, Email [email protected] So in that case i need to attend visa interview again to make my travel. Based on these facts, the change of . If I go for stamping in India for H4b will I have any problem ? So did you apply for STEM extension? 1. My employers attorney has filed a service request too with USCIS, but no updates yet. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. 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). Is that realistic or did we mix things up? One of my friend has the same issue now. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. I have valid H1b petition until 2014. Can you please help me in understanding what should I do? My OPT expiry date: 03 Jan 2017, Hi, NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay.