But due to some issues I am not traveling and will be travelling in 2021. 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). My friends are telling like she should give some 221G atleast if she needs to hold approval. But i couldnt see my employer sending me for visa interview. is this usual? Did you get the answer of yr question? Please Help. 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. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? When can I start working for the employer? Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. Or go with the existing Ds-160 and show them the approval notice when questioned. You will fill DS-160 as if you are going to attend an interview with Company A. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. What is the maximum duration I can wait before going for stamping. 1) You need to enter petition no in ur wifes DS160 . If you move before you receive the notice, call customer service at 1-800-375-5283.. My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. I had started working with my new employer after I had received the petition filing receipt. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. I think your employer can extend H1B petition up to 6 months before. Or my H1B has to be stamped in my passport to be eligible for employer change? 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. So its a negative in my case and ill be counted in cap? I would list where you are working right now as current employment. Case details: I am currently in US on L1 visa and checking options to moving to h1b visa. please help. Till when can I continue my job on L2-EAD? My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. My Green Card process may start early next year. 1. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. please do let me know. Please reply ASAP! Can you please share your experience like what did you do in your case.? Now I have a tricky time my current client offering full time. Otherwise, the issuance of your visa may be delayed. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. I have the copy of the police report that was filed when I lost my passport. Could you kindly please provide me some guidance on below question? And Ill be working remotely. 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. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. Shilpi- did you get an answer to your query? I m planning to go to USA. I applied for H1-B in 2007 and it was approved. I have two queries in regard to stamping. 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. What happens to my H1 b status? Hi, I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. I am applying for H1B COS on 01-APR-2017. My case falls under h4>h1. 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. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. So he could start working again at least until April 2020. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. I have applied for premium H1 extendion this week. Check the Processing Time, usually, H1B and H4 gets approved at the same time. You need an H1B stamp to enter as H1B status. I have received i797c notice of approval. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. Or do I need to work with employer Y at least few months? As per USCIS website, filing is mandatory but approval is not to work in new location. 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. Please hel me if some one knows the rule of H1B Visa. 2. If you told for me to went there and got the stamp when would you suggest? I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? If would get the degree. 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. 3. Visa processing times and questions can be stressful at times, thank you for replying to the queries. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. My start date was March 5th. Stamping before OPT expires #2 Change of Status DENIED My question is how many days do I have before I join the work and use my H1B status ? Let me know what does my status mean . Can I go for H1b visa stamping this year with the petition approved documents? I am currently living in USA and working as a full-time employee with the same employer for 2years. Get approval, then stamping. Question I have is my husband was in F1 and went ahead with divorce. I got selected to start a 3 years residency program at a major US university. In Mar 2019, my employer had filed an amendment for change of location. At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. Currently I am in my home country. 4)Can the new company utilize my approved petition? Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. yes , responded to RFE in NOV 2015 . Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. You have to get the documents first. you have to provide EAC NO SOME IS VERY HELP FULL. The I-94 reflecting the change of status is attached to the approval notice. Replied Rfe in November , still waiting for results. I received my H1B approval notice yesterday. 3. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. Please advise what should me the best approach here. Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. Travel, whether for personal or professional reasons, can be an exciting . I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. 2. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Can you please tell me what is the percentages of cases still approval pending with USCIS. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? You need paycheck only if your started working on H1. 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 transfer your H1 to new employer and they have to send the required documents. The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. Can you please help me in understanding what should I do? Let me highlight the following: Only Premium Processing for H1B Visa is suspended. 1. 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? One of my friend has the same issue now. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. My change of status wasn't approved, so I will have to leave and get my visa. But employer says that he has not yet received the 797. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. in the US, Im in the same location and same client. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Does it help for any cap exempt? Even when I work in consultant, is there any process that should be completed before I travel from India. I have applied for SSN in near by office. You can attend the interview as a family ( H1B and H4) together. Check with your attorney for suggestions and answers. Please share if you get any answer so to your question. Should I Marry an American Citizen to Stay in USA? I have a question. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments Without any paystamps with employer Y. All the numbers I try online dont help. If I can return on F1 visa what is the last date I can enter with F1 visa? Will my current H1-B application get rejected because i dont have these details? You can ask an Attorney here http://bit.ly/hsb-ask-attorney. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. I joined them in 2018 when I was on F1 . 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? I need your suggestion regarding the travel. will it be valid to apply in 2019? Thanks. I am already in the US. So, I have 2 questions: (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to 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 My Employer file H1B visa under Premium processing. Is it ok, if I stamp my visa first and then my wife and kid go later on. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. 1. But : Based on these facts, the change of . But now I got an offer from company B. I want to join company B instead of A. Is it necessary to work in petitioned company, while going for an H1B interview. I would need to H1B, F1 respectively. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. I am sorry if my above assumptions do not fulfil your case. 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. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? I have two options below. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . Theres no wait time. Dose the h4 extension approval usually takes this long after the h1b is approved ? Hello Whether my H1B will be denied etc? Im yet to get the mail . My wife is expecting and she will not able to travel anytime soon for the stamping. Can I go for stamping here in US consulate rather than going for stamping in India? If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. After that, I changed Employer without stamping. Please suggest. Is it possible to transfer my H1B without any issues? 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Thanks for asking. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. I need to travel to India by this month end. Please follow any instructions provided by the counslar at the time of your interview. When he asked to return the money they are not willing to do so ( OR) If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. Now my question is can I change my employer in May/June immediately after getting approval ? While your H1B change of status is pending, you are free to travel outside of the United States. Change of Status(COS) or Consular Processing (CP). We recommend obtaining a new passport with given and surnames if possible. 2. I got my h1b petition approved filed by my previous employer couple of days back. Has any one got H1-B petition approval notice ? This is reason I considered going Canada instead. Can I travel to India in March ? I am in a similar situation. Ive my client letter, pay stubs, W2 forms everything clean. My start date mentioned in the petition was Nov 1. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Thanks. 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. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? I am very new to this blog. as supporting documents, if asked. I am a Canadian who has been working in the US with TN visas in the past. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. 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 My question is, where do I go to receive this stamp I read about ? That will answer all your questions . And new passport have details of older passport in it. Many consulates use an online appointment system for visa applicants. 2. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. Approved H-1B Visa Petition with Change of Status. You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. or It was just a coincidence and my petition was approved on the same day using normal processing ? Actually I have my H1B ammendment filed for relocation and it is in progress. But the location where i want to go for work is different state than the petition filed for a different state. 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 wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. If so, how long does it take to receive the hard copy of approval after the decision is made? 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.

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