If i find a new employer will I still be cap exempt? Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. The USCIS responded that the travel does not change the equation. Hello raghu, thanks for sharing the information. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments But She didnot gave me any slip but she got my passport and the H1B amendment reciept. This is because the last action regarding the foreign nationals status governs. please do let me know. Hi Raghu, What is the maximum duration I can wait before going for stamping. There are two steps involved in changing visa status from H-1B to F-1. 2. 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. It seems in either of the two cases I have to attend the visa interview in the home country. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. Will there be any serious issue duing VISA interview. and stamping. OR H1B will have a start date, so you can enter upto 10 days before the start date. After you change to Company B, you will submit New DS-160 with company B details. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. But they did not send me for stamping. My H1 got approved in August. However, each U.S. consulate will have varying rules. Can I attend the interview by oct-09? If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? Hey Please schedule a 15 minutes call. I have my H1B visa approved. Prior to this my OPT ended on 09/26/2016. My Petition got selected for h1b by lottery. You are on H1 and you should get paid! Do I have to apply for OPT extension? Published research and other works that are in the public domain should be included in the resume. Visit this page frequently to know the latest updates. Got message: Please help! If you have the approval notice for H1B, then can apply for H4 now. Yes you can but you need the approval notice. They may refile or do a MTR. My question: Is there any problem in entering to USA as I am going after one year of approval? I have got my h1 approved october 20th. H-1B Specialty occupation Extension of stay in the U.S. did your employer provided you a copy of h1b petition application to you? I found your video really helpful to understand the process. You can also request a "Travel Letter" from our office. So did you apply for STEM extension? In this she cannot travel and neither u can extend her i-94 based on ur new petition. Please suggest. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. Please follow any instructions provided by the counslar at the time of your interview. Later, you may jump ahead to certain sections. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status 3) If I can and should then Whats the procedure ? Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- No you cant. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Plus, check to make sure your H1 is not withdrawn. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. My start date was March 5th. Hello, I am currently working as a full time employee Programmer analyst in e-verified company. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. I will answer them in a video. If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. Is there any company who can do H1 B visa can just reply me. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Once I check that my H1B is approved on the internet, can I start to work right away? Nationality So they requested a data fix to SEVP to fix my SEVIS record. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? I have not signed any agreement with company B. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. But I have left from the company which applied my H1B. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. I want some time ( may be 1 week atleast ) to resign from present employer. My questions are Please also follow any specific instructions on the consular website about additional documents to bring to the interview. Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. However, i have also pursued a masters degree in Environmental science with which i am working right now. Your employers attorney should have given you these details. Hi Raghu, 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). My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. The increase in enrollment is due to the removal of travel restrictions . Or go with the existing Ds-160 and show them the approval notice when questioned. http://www.happyschools.com/ask-an-attorney/. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? I have not spent a single day of H1B employment with my petitioning employer. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Second, submit a change of status application. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Will I have to go for stamping to stay in the country? I think your employer can extend H1B petition up to 6 months before. My question is, where do I go to receive this stamp I read about ? Is there a final date where I would need to take on my H1B visa? Mine got approved on 12 Nov, Still waiting for 797. 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? However, there are a few things you need to know before you travel. So, you can start working immediately. Sumit, if you want faster processing, then convert to Premium. My employer has filed for H1B amendment for new location. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? My passport is changed after I applied my H1B lottery due to spouse name addition. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. 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). Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Visa processing times and questions can be stressful at times, thank you for replying to the queries. 3. Thanks. ( OR) I have sent them my approval notice also. I am on the place as you are. I got my visa Approved under Premium Procesing yesterday. I agree with your attorney. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. Based on that the following are the cases that I landed up). For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. Do you see an issue with this? I am currently on OPT with H1 Approved status starting from Oct 1, 2016. I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? 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. Is there a way I can reenter the States using my current F1 visa? If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? When can I start working for the employer? Its taking longer than usual for H1B processing. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Thanks. or reasonably safe to do so ? ** Note that the name on your passport must match the name on your I-797 approval notice. if yes then how. My i129 petition has been approved without change of status from h4 to h1b. Some changes may require an amended H-1B petition. My first trip to Canada will be August 2011. Is their a validity associated with it. Or my H1B has to be stamped in my passport to be eligible for employer change? I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Thelist of member countries is here. Please be sure to do the same for your dependent(s). To provide more details; (I have the option to chose two different places. For information and tips on filling outForm DS-160, please see this website. Refer to US Consulate website and Required Documents list in this blog. Hi, When i checked in the portal on the status of Visa on 19th June 2018.. it is as follows: Your Visa is currently undergoing necessary administrative processing. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). The student's OPT is valid until November 30th. If it was a coincidence then my petition was approved using normal processing and I should get my money back. Hi, Can i approach a different employer with same petition number to proceed with my H1B stamping. I got my H1B approved in 2013 and stamped in 2015. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Very recent my h1 petition got approved for one year. Due to some reasons their department HOD is not going to sign the OPT form. 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. Hi, Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? What is Premium Processing? I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. So, will my last year case have any impact on this year, as I didnt go last year. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. I want to share my question to you hope I will get the answer. 1)i have opt extension up to 2018 july is still valid or not?? 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 You have to talk to a few attorneys to find different solutions and then pick one. He would really like to get some help from a professional to make sure that all the documents are correct. So, I think you cant go back. But, do you want to wait around to get into H1B under this current scenario? I am currently working with a Client A on contract for a year. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. From April 1 your status will be H1. Please let me know if this is advisable and if not what are the consequences. Will it create problems during H1b stamping in India during interview ? This option is explained here for the benefit of MurthyDotCom readers. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. A DHS memorandum dated May 16, 2000 states that an alien in . I am afraid of expiry date, what will be best solution for it . The DOB is in the new I-94 which is at the bottom of the I-797 document. Can I join B without any issues/legal hassles? I ll be grateful if you can guide me for this. How do keep it active? Current Location India Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. I've received all H1B related documents from my employer. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Sorry. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). But, you would need a valid US visa (other than H1B) to re-enter the USA. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. My OPT extension came in effect from 10/01/2016. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. We are currently stating in US. Check the Processing Time at USCIS page. I need your suggestion regarding the travel. 1. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. 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? Thanks. I am scheduled for a business trip from Sep 27th to Oct. 6. 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. 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? 1) How Can I know that my Petition was approved using PP or normal processing 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. Ive never done any studies here in US/Canada and Im from India. I had started working with my new employer after I had received the petition filing receipt. Should amendment be filed before Oct 1?? I m doing Msc biotechnology. My case status is as follows: 1. After coming to US i changed my status to F1 in June 2011. By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. I am currently in Singapore. (or) Am I suppose to have October pay-stub i..e on H1 status. Thank you. 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. 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/. My Employer file H1B visa under Premium processing. I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. My H1B Status still in Received status, what should be the deadline time to change the statues? 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. Can I get stamping before October 1 and enter the U.S. on H-1B? Another option is to renew my passport and submit application that way. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. I got F1 Approval in June. Hi, I have received i797c notice of approval. I know so many who got benefits from the second degree (completing it). Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. Is there any dependency of result of one amendment on the other. Current Status OPT What are the time lines for this modification?? list of documents required for H1B Stamping.
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