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One of my friend has the same issue now. 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. Would i have to explain why there is a gap between my approval and commencement of work? The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. Looks like you have figured out the best path and as you said, theres no ideal option. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. Due to some reasons their department HOD is not going to sign the OPT form. Hi Ram Im exactly at the same situation like yours now. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . Can you please help me in understanding what should I do? Dont try to save on FICA taxes . If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. 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? kindly help me please. I am on the place as you are. (same sate). How soon I can change my employer ? Always consult an immigration attorney to get your questions clarified. I have submitted my final evaluation of OPT to my school and they told that my sevis status was not auto complete/update to H1B. Theres no way to update a DS-160 once submitted. My start date mentioned in the petition was Nov 1. I need your suggestion regarding the travel. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? As you said, many of us are still awaiting the H1B approval. 2. So its always best to check with a consulate first before booking for visa interview date. Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. Is this possible? pls suggest your valuable guidance. Should I Marry an American Citizen to Stay in USA? 2. My current employer Dell India wants to me to work for them in Austin. Your question boils down to one sentence DO you need Transit Visa for France? I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. There will be a visa fee of at least $190 for each machine-readable visa issued. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. If i go what will be the problem to my H1B? What are our options ? https://askanattorney.happyschools.com/. How do keep it active? Same company, same role. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. Visa processing times and questions can be stressful at times, thank you for replying to the queries. 2023 Murthy Law Firm. Hi, But, it is maybe good to get it clarified with an attorney. This means I will not be able to transfer it to a new employer. I have an H4 visa and live in USA. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. 2. Is my petition still valid and can be considered for cap exemption.? If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. Some changes may require an amended H-1B petition. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. 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. If so, how long does it take to receive the hard copy of approval after the decision is made? So can i go to home country and stamp H1 on Aug 1st week or 2nd week. I am in a desparate situation. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Will the H1B come in effect from 10/01/2017 ? 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. 1. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do Now i am leaving current employer which files H1B & joining another employer. 3. Is it ok, if I stamp my visa first and then my wife and kid go later on. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. Your employer will provide you the I9 form to fill for them and it's only after your joining! H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. But : Now my question is can I change my employer in May/June immediately after getting approval ? 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/. Can I travel to India in March ? I want to share my question to you hope I will get the answer. Hi !! We sent you a notice that explains why we moved your case. My change of status wasn't approved, so I will have to leave and get my visa. But i am planning to change it to H1B. There are two steps involved in changing visa status from H-1B to F-1. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Thank you in advance . Can I travel to home country and return without getting my H1b stamp? But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. 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. But the office location is different and the new address of residence is different state. Or go with the existing Ds-160 and show them the approval notice when questioned. Is there any info for attending visa interview in India? Hi, my OPT extension is valid until June 2018. Current Location India Thanks for the detailed reply. From USCIS website my status is confirmed as Approved. How to Apply for H1B from H4 Visa Status. Raghu, 5. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. I have responded to an RFE and am awaiting the final approval, hopefully. Applying H1: Apr1st 2016, Which one is the better option? 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. Are you able to transfer? Got message: Is it possible to transfer my H1B without any issues? But I havent taken ay next step considering the COVID situation. International travel by foreign national trainees and employees must be planned carefully. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Now my employer wants to apply for change of location, so I want to understand that once my company applies for an amendment to change location and it is approved, do I need to go to my home country to get it stamped or it is not required until I go outside US? Ask the consulate. Most visa applicants must appear at a consulate for personal interviews. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. 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. 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. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . But, if you get denied, Im the one to blame. Please contact our office if you would like to initiate a permanent residence application. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. Use the https://forums.happyschools.com/ for Q&A. 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. I am in US with H4 dependent visa in which I wasnt authorized to work. 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. Should he apply separately for an H4 or should we do it together? My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Questions about affecting your status should be posted to an Attorney . I know that Oct. 1st my status will change from F1 to H1B. as supporting documents, if asked. Hi, It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. But employer says that he has not yet received the 797. Stamping before OPT expires For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. So can I continue working on my L1B visa till will get new project from this third party consultancy ? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. I will started working with new employer next month . 4)Can the new company utilize my approved petition? What should I do now ? Hi, However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). Hi, After going there i would like to change my status to H1B from F2. 2. But my attorney filled the form incorrectly. or is that an approval notice? I have received i797c notice of approval. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. I have a valid F1 visa till 2021. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. My name on H4 i94 is mentioned with first name : xxx ; last :yyy 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. Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. I am currently working with a Client A on contract for a year. Traveling While Awaiting an H-1B Extension. You may have different questions with respect to this situation. 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. It can take four to six weeks or longer for visa appointments. Is there a way to track the status? Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. My applied for H1B through my current employer. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. even if my h1b is for a non-profit institution ? Thanks. Now My employer requested me to come to USA. Is it possible to continue with my trip to India? My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . My H-1B got approved recently as my employer applied it through Bachelor's degree. My Green Card process may start early next year. Typical administrative delays are 2-4 weeks, but some are much longer. Only French Consulate can answer this question. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. Ask it via Ask an Attorney ( through this blog ) If your H-1B visa stamp is valid on your reentry date, you may use it for admission. When your legal stay/status in USA could be affected, always seek legal help. But which document i needed to get stamp by next employer. 2. Let's look at how it works and why USCIS will abandon your COS application. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? Shilpi- did you get an answer to your query? You get the original in 2-3 working days. You will be required to upload a digital photograph. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. He would really like to get some help from a professional to make sure that all the documents are correct. I got my stamping done in Jan 2019. And, Does 3 year duration starts from stamping date, or it is from Oct2019? whether can I come back to US? I have not gone for stamping yet. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. My questions are: You cannot choose which status you want to be maintaining. What will the case status online if COS is denied and H1b is approved ? Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? Can I join B without any issues/legal hassles? Iffurther information is needed you will be contacted. It takes few days for the Database to sync between I-94 and DMV. 2.In the Supporting letter from my Employer States that i will be deployed at end Clients business premises and our Employer Business premises This means i may work on In house or Client Project I dont have any Supporting letter from Client , I have it only from My employer will this would be enough. Hello Raghu, reagards Thanks for the great information. 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? Can I have my first H1B visa stamped in Canada? 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. Thanks. USCIS publishes these figures on a weekly basis. I am currently on L1B visa in USA. 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. Let me know if you have seen this before. 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. i will have to travel to india next month . 3. what happens if i leave US before october and couldn come on time. Whether my H1B will be denied etc? Is there any dependency of result of one amendment on the other. Issues to deliberate on My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . My passport is changed after I applied my H1B lottery due to spouse name addition. For how much time can I be on this visa without stamping? Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? I am in USA on H4 visa. Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. Ive my client letter, pay stubs, W2 forms everything clean. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. and want to convert my visa to H1B visa next year. 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). Your dependents will also be unable to be admitted in H-4 nonimmigrant status. So how long does it take to have visa interview (in genaral). A DHS memorandum dated May 16, 2000 states that an alien in . My H1 stamping was expired and my currrent petion is valid up to Jan16. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. My case falls under h4>h1. I have my H1B visa approved. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. in the US, Im in the same location and same client. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. I am on totally confused stage. I have a question, please guide if you can. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Hi Raghu, I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. If you move before you receive the notice, call customer service at 1-800-375-5283.. Can i be denied my h1b visa stamping because currently i am not teaching? You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. My OPT expiry date: 03 Jan 2017, 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? I am currently on OPT with H1 Approved status starting from Oct 1, 2016. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? I have to go for stamping in Chennai. After visa is approved, you should get the passport within 3 to 4 days. In short Yes, but is hat H1 petition still not revoked? Will he be able to go and attend the stamping?