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Hi, Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? I think 6 years will start when H1B status is activated. you have to provide EAC NO SOME IS VERY HELP FULL. Sorry. Should he apply separately for an H4 or should we do it together? Typical administrative delays are 2-4 weeks, but some are much longer. No you cant. Transfer h1. I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. I got a new project with a start date Jan 2nd 2019. Did you get the answer of yr question? 2. Thelist of member countries is here. I know there is recession there in US, but in my case the reasons for not being able to land there are different. Please advise. 1. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. If i go what will be the problem to my H1B? I have two queries in regard to stamping. Then link the new DS160 to appointment confirmation (via travel docs). I am currently working as a full time employee Programmer analyst in e-verified company. You can also request a "Travel Letter" from our office. please let me know how many days before the expiry date i have to reach US. 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. My case status is as follows: 1. My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). Can I travel outside the US after H1B approval (change of status) but before Oct, . 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. Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. H1B Visa FAQ Related to Change of Status - Immihelp But : There are two steps involved in changing visa status from H-1B to F-1. 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. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. I am filing my H1b in April 2017. (Shilpi says: December 3, 2011 at 1:42 AM). I wasnt planning to go to India for H-1 stamping this year. thanks Hi !! I have not signed any agreement with company B. Got the recpiept on amendment but havent heard anything from USCIS. After that, I changed Employer without stamping. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo This processing can take several weeks. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Is it mandate to get the stamping done and travel to US during the validity period. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? kindly help me please. What form do I have to submit for the visa interview? Travel After H1b Change Of Status Approved After 30 days, it will have to be done through an extension with USCIS. Can I put resignation and wait to join other employer ? If yes, I need to get updated project/client related documents from the employer who filled. I would like to know what would be my options if Id like to extend my petition. My first trip to Canada will be August 2011. 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? Ideally how much time it takes for the approval notice to reach at our end? Consult and attorney. OR Could it harm my visa to do so? My employer is saying security check is going. I want to schedule my spouse H4 visa interview on Dec 2nd week. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Would it give problem to me ? My Green Card process may start early next year. My question: Is there any problem in entering to USA as I am going after one year of approval? Current Status OPT Im not sure where you can attend the visa interview from. I would list where you are working right now as current employment. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? I am taking appointment for H1b Stamping and H4 visa for my wife. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS I applied for H1-B in 2007 and it was approved. ), 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. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. But now the requirement is not there with client Y. My employer says it could take upto 4 weeks. Hi Is their a validity associated with it. Can you please tell me what shud I do to correct that ?? H1b extension is taking about 5 months for regular processing. We have applied for the extension and we have got the receipt. Your employers attorney should have given you these details. Your attorney can ask for replacement copy of Approval Notice. 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. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? I wont have time to get my visa changed over to H1B during this trip. My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. They are going to apply for h4. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Later, you may jump ahead to certain sections. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. 1. 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. You may begin work for an employer while your application for a Social Security Number is pending. P.S. Since then I have acquired alot of helpful information that has helped me tremendously. Do we need to visit counsellte again for stamping? I came to US in 2006 for my Master's. Will it pose a problem while getting the visa stamped? You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. in the US, Im in the same location and same client. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? In the question posed, the petition and the change of status had been approved before the person departed the U.S. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? 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 Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. I am currently in Singapore. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. H-1B Status and the Cap Gap Extension | Study in the States - DHS reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know Steps after H1B Petition Approval - Visa Stamping, COS - RedBus2US The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. Will there be any issue with that on stamping. As per USCIS website, filing is mandatory but approval is not to work in new location. 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. Help 4. My name on H4 i94 is mentioned with first name : xxx ; last :yyy I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. Dhara Currently I am working for company A and my H1b got picked up this year. Any help would be appreciated in clarifying the following questions. 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 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. Talk to your attorney. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. You are on H1 and you should get paid! However, i have also pursued a masters degree in Environmental science with which i am working right now. Due to some reasons their department HOD is not going to sign the OPT form. 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? The I-94 reflecting the change of status is attached to the approval notice. You can start working only after the start date on I797 approval notice for new H1 petitions. I have a planned trip to India on 27th October 2016 for around a month. I will answer them in a video. Why are you giving incorrect info? 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 When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. In the meantime, my spouse got a Full Time offer with Company B. Can I go for H1b visa stamping this year with the petition approved documents? Can this be done ? My DS 160 form status too in Administrative processing, can you please help me what should I do now? 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? You do not need to present your original I-797 approval notice when you apply for entry into the U.S. or Am i eligible for CAP-GAP automatically? 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)? What will the case status online if COS is denied and H1b is approved ? I had filled H1B first time and was approved in Ocotber 2016. Only your employer can help you with this case. I got a situation Herr, I got my approval notice for H1B 2016. Nationality I had started working with my new employer after I had received the petition filing receipt. USCIS now provides a copy of the I-129 petition directly to US consulates. caroline. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. Or do I need to work with employer Y at least few months? After coming to US i changed my status to F1 in June 2011. I have applied for premium H1 extendion this week. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . and stamping. 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. I am in a similar situation. I will appreciate any legal and serious advise on this matter. 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. If you have the approval notice for H1B, then can apply for H4 now. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. We recommend obtaining a new passport with given and surnames if possible. 2. First, you must be present in the U.S. at the time your employer files your extension petition. 2. 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. If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. My L1 is expired for company A with valid I-94. Will the H1B come in effect from 10/01/2017 ? would there be any problem returning US at the port of entry ? My passport was stolen on 05/28/2017 in Los Angeles. In 2018 November I had to leave US and (the organization where I was working) because of a family ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. Opt Expiration date : December, 2012 If so, how long does it take to receive the hard copy of approval after the decision is made? Hi , 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. A copy of your DS-160 receipt. Hi, Kindly help to understand what are my options in such a case. 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. I am searching for consultancy firms who will file my H1B visa. 1) I had received RFE. What are the time lines for this modification?? Also after receiving my I797 notice, can I go and apply for SSN? Please correct your article. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. I am in US with H4 dependent visa in which I wasnt authorized to work. H4 to H1B Visa: How to Apply for a Change of Status - Stilt Blog 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. 2. Let me know what does my status mean . My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. Can you please help me with this? You can also post it via As an Attorney here. 1. My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Can I go for stamping here in US consulate rather than going for stamping in India? So, I think you cant go back. Shilpi- did you get an answer to your query? Can I travel outside US now ? So questions to you are: 1. Accurate I-94 records control your lawful status: they are very important. I also got a 5 motnhs gap in my OPT period. Also, I am planning to apply for h1b for next year. I would wait for the approval notice. Can I transfer my H1B without working with employer Y before October. So can I continue working on my L1B visa till will get new project from this third party consultancy ? My attoryney applied for an amendment on June 2nd. Your H-1B photograph. If would get the degree. Second How tough to get H4 Visa? I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? In USCIS site, my case status was changed to approved on July 16, 2015. 1) I need to travel to India between April and July, will there be any issue? 3)if i go late for the stamping is it a problem?? thank you. What is the consequences of never stamping or late stamping ? Looking forwardat your best advice. Case details: 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. Were you able to find out whether we can apply for COS or how did you go forward? However, we cannot predict if you will face any issues unless we have more information about your specific case. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. You dont have to wait until September or October to get Visa stamping for H1B. Sorry, I dont know the answer. 1. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. 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. Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped I got F1 Approval in June. What are all the details/documents required for scheduling the interview? He would really like to get some help from a professional to make sure that all the documents are correct.