Theres no way to update a DS-160 once submitted. It seems in either of the two cases I have to attend the visa interview in the home country. We got new client new location so filed amendment. an assumption, I have authorized CPT and went to India on vacation. My case is approved for H1 B cap for year 2017. I feel this might be becoz of the COS as i was not there in US while applying the petition . H1B Transfer & Change of Employer - Full Guide (2023) Please advise. I just wanted to play safe and avoid going for stamping in this trip. 4)Can the new company utilize my approved petition? 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. 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. 15 calendar days to get the decision. I must have to visit India from Dec2 -Dec28. My Employer file H1B visa under Premium processing. Try again few days. 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. When can I start working for the employer? Thanks for asking. If I can return on F1 visa what is the last date I can enter with F1 visa? Should he apply separately for an H4 or should we do it together? Hello, After that, I changed Employer without stamping. Congrats on H1B approval. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Your H-1B status is valid until the end validity date of your most recently issued I-94. I am a little confused as to when to have my visa stamped. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. can i re-enter USA on my F1 visa without any issues in port of entry?. I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. 1)Do you think my visa can get transferred to company B?? While your H1B change of status is pending, you are free to travel outside of the United States. will be it be better to go for visa stamping before or after october 1st 2009? My fiance and I both work for the same company in the US. The new employer transferred his H1 again and it is in premium processing currently. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. 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. I m doing Msc biotechnology. 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. RFE is answered and I am waiting for the reply. kindly help me please. Can I try for H1B transfer from here in India itself? My employer specifically mentioned that they will revoke my petition on or before 30th September. I am on OPT right now till June 2011. My parents are coming to US for a visit. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. I know the alternative is to wait together to go as family. Thanks a lot for the response, Raghuram. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. I am in a similar situation. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Suppose assume that im transferring in next month December. My Green Card process may start early next year. I joined them in 2018 when I was on F1 . Our company doesnt support E-2 Visas anymore. Hi Raghu, I got My H1b approved and started from October 1st, 2019. My employer resubmitted documents and USCIS received it within the RFE response date. i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? I am currently in Singapore. Is there a way to track the status? I live outside of the US, and only 10 days to find apt and get ready to work?? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Is it ok, if I stamp my visa first and then my wife and kid go later on. H-1B Travel - National Institutes of Health I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). So they requested a data fix to SEVP to fix my SEVIS record. Anyone know what is the procedure what we need to follow once we receive acknowledgement? http://www.happyschools.com/ask-an-attorney/. Sorry, They gave Master service agreement and PO copy between them and client. Even when I work in consultant, is there any process that should be completed before I travel from India. H-1B Approval, I-797A Notice: Must Know Info | VisaNation I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? I just graduated with Bachelors in Computer Engineering from a US university this august. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Will there be chance for getting stamped if I attend the interview late? I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. I want to schedule my spouse H4 visa interview on Dec 2nd week. My passport was stolen on 05/28/2017 in Los Angeles. All Rights Reserved. Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. 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. You have to talk to a few attorneys to find different solutions and then pick one. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Will the H1B come in effect from 10/01/2017 ? an assumption, I have submitted the client letter, SOW etc. Can I attend the interview by oct-09? Consult and attorney. Heres my opinion: I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) 1. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. Ive my client letter, pay stubs, W2 forms everything clean. Is that ok to start working in regard with my status? Or do I need to work with employer Y at least few months? I am searching for consultancy firms who will file my H1B visa. Some people may have H4 visa or others may have F1 to come back to USA. Thanks. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Im not sure how USCIS treats the approved petition. Im in the very same situation as you were in. 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). My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. Please contact our office if you would like to initiate a permanent residence application. Your employer will file H4 visa along with your H1B application. But the location where i want to go for work is different state than the petition filed for a different state. So when my transferred petition approves i would be having only 4months from the visa expiry . My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. 2. This is not the suspension of H1B Visa program. It takes few days for the Database to sync between I-94 and DMV. I'm Indian, rightnow doing job in Singapore. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Please share if you get any answer so to your question. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. Can i approach a different employer with same petition number to proceed with my H1B stamping. And, Does 3 year duration starts from stamping date, or it is from Oct2019? Can you please tell me whether we can go to stamping with this ammendment details. My H1B visa has been approved and I am waiting for my Stamping. I cant advice on questions affecting your legal stay in USA. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. I hope you will be able to help me. 1. I got a situation Herr, I got my approval notice for H1B 2016. 1. 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. Visa Validity I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. Hi Rk, we are in same situation, can u please let me know what you have done. So did you apply for STEM extension? Please reply ASAP! Based on these facts, the change of . 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). I am planning to go india and i want to know whether stamping is possible or not from India in present situation. For ex. Any help is appreciated. Is there any other way to expedite the process or get information from USCIS. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. 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? 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. Hi Raghu, Now, I am wondering if I am unable to get the above position. How long can it be allowed/valid to be stamped? Can I travel to home country and return without getting my H1b stamp? This year if I want to go for a job or higher studies in US. There is no grace period. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. 2. He would really like to get some help from a professional to make sure that all the documents are correct. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. I wont have time to get my visa changed over to H1B during this trip. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Many consulates use an online appointment system for visa applicants. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Else, it can take months and theres not time limit. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. I am in india right now. 2. My employer is saying security check is going. Can i travel India during the H1B processing time.? You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Talk to an attorney https://askanattorney.happyschools.com/. 2. 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. Can you tell me when can they apply for H4? P.S: also my husband will join me in the US. This year if I want to go for a job or higher studies in US. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. So can I continue working on my L1B visa till will get new project from this third party consultancy ? I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. But I never travelled on this VISA. 1. in the US, Im in the same location and same client. Thanks for the detailed reply. Depending on your status change. I have got a valid H1b approved petition from my current employer. The increase in enrollment is due to the removal of travel restrictions . I have applied for SSN in near by office. Will my extension application be cancelled and do I need to apply again? I might have to go to India in December. Would my H1B visa expire at some point if I do not adjust my status? Sorry, I dont know the answer. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. I am on F1-OPT, and my H1 gets valid from Oct. 1. Is there a way I can reenter the States using my current F1 visa? Your attorney can ask for replacement copy of Approval Notice. 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. But, it is maybe good to get it clarified with an attorney. HI, reagards My Employer from India, I have my client at Location X and Location Y. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. 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 could say that you can get it stamped from another country ( as other have done in the past). 3) However I left my employer who had filed my petition in February 2012 to join a new company If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. Is there a final date where I would need to take on my H1B visa? My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. 1. you have to provide EAC NO SOME IS VERY HELP FULL. So, will my last year case have any impact on this year, as I didnt go last year. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: 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. Thank you in advance . same office location but the new address of residence is in different county. 5. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? 3. 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. Required fields are marked *. My H1B has been approved and I am currently in USA. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. Travel while H1B Pending (Extension, Transfer, Amendment, COS) 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. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. If yes what is the procedure? My company applied for the H1B but are now saying that there are no projects. Yes. If yes, I need to get updated project/client related documents from the employer who filled. After coming to US i changed my status to F1 in June 2011. Hi, my OPT extension is valid until June 2018. He just received a mail from university that his sevis is terminated and out of status now. I have applied for premium H1 extendion this week. Hi Rushi, I had not scheduled my visa interview, and I didnt join that company. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? 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. I was planning to come back to US on L1 and then switch to H1B after coming back. 2. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. Living within US without COS? I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? My petitioner has sent me WO agreement between petitioner and client for whom I will work. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. It will say Post-Decision Activity. That office now has jurisdiction over your case. Is there any special rule for this type of scenario? 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. What are the chances for legal action and getting the money back? Please let me know if this is advisable and if not what are the consequences. 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. 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. A DHS memorandum dated May 16, 2000 states that an alien in . An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. Yes you can but you need the approval notice. So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. I just got my H1B approved. After your H1B Visa is approved, you have to follow the path back from USCIS. You need to ask an Attorney. Will this be ok? Sharad. Visit this page frequently to know the latest updates. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. Thanks for this information. 2. You can go for H-1B stamping to your nearby American consulate. 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? Hi, I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. International travel by foreign national trainees and employees must be planned carefully. Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. please do let me know. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. After approval of my petition, how long can i wait for change of status or getting stamped ? I have got a questions when you received all the documents to get your visa stamped. Your H-1B photograph. My L1 is expired for company A with valid I-94. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. Please suggest. She came to US in H4 Visa in 2009. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. The H1B petition is approved on July 1st. check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. My petition is approved for the year 2015. Its a direct client. If this happens, please contact us so we can discuss how to maintain and extend your status. 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 still did not receive my Plus, check to make sure your H1 is not withdrawn. Is her H1B approved on Oct 2008 is till valid ? News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. 1. Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. 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. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Travelling outside US when H1 B is under process is that a problem? Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Always consult an immigration attorney to get your questions clarified. I am still waiting for I797 from my company A. Travel Information for H-1B Visa Holders | ISSS Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy Hi, Transfer h1. You can start from here https://askanattorney.happyschools.com/ Please post your question in Q&A section. 6. Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? Start with your employer, employers attorney, if no you can ask via email. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? 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 You should consult an attorney about a status-related question. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? I would need to H1B, F1 respectively. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? I entered US 14 days prior to the start date mentioned on my i797. But company x filed my petition when I was in place A and two months it moved me back to place B. If you have the approval notice for H1B, then can apply for H4 now. This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. Question: What happens after your H1B Visa is approved? Current Status H1B Approved Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). On April,15 a Company A filled my H1 work visa. meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. Can I travel to India in March ? This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Still the status show it is under review, I am not sure what is the processing time in general. I came to US in 2006 for my Master's. I am sorry if my above assumptions do not fulfil your case. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. Dont have an ETA. After going there i would like to change my status to H1B from F2. So its always best to check with a consulate first before booking for visa interview date. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. https://askanattorney.happyschools.com/. If you continue working, you run the . Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. Now my employer is saying that they want me to start from Jan 1 2012. OR 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. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. AVR to travel back to US with no H1B stamping and expired H4 stamping Thanks. Thanks. My H1B premium process petition denied last month, now what could be the next step? I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Is the H-1 Visa STAMP required to start the process for Green Card?