My H1B(i797) Got approved on may 17th, 2016. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? If this happens, please contact us so we can discuss how to maintain and extend your status. E2 EAD maybe better then H4 EAD. I just got a new Job Offer, is H1 transfer now a good idea? My H1 stamping was expired and my currrent petion is valid up to Jan16. If i find a new employer will I still be cap exempt? You should consult your employers attorney . Checking the feasibility of changing employer There many waiting to attend interview who got H1B approved last year. I have got my h1 approved october 20th. I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. can I travel and come back without any problem? If you live outside the United States, you can schedule your H1B visa interview. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. Yes In Mar 2019, my employer had filed an amendment for change of location. My Green Card process may start early next year. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? I am in similar situation, did you get to know any way to get the COS approved Im US? or will it be a new h1b and i will be placed in lottery? Is it possible to transfer it to my new employer. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. They would have to file COS from H4 to H1 ( and they can do in Premium). My H1B visa has been approved and I am waiting for my Stamping. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. Is there a way to salvage my petition ? Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. Copyright 2005 2022, MURTHY LAW FIRM. 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. Visa Validity So its a negative in my case and ill be counted in cap? 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? I would wait for the approval notice. We dont know what will happen to H4 EAd. I have not gone for stamping yet. My petitioner has sent me WO agreement between petitioner and client for whom I will work. You can go for H1B stamping till the date 60 days before its valid. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. Is i am eligible to stamp by next employer OR my petition is waste. This is reason I considered going Canada instead. Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? Is there any dependency of result of one amendment on the other. But i have not received hard copy of documents. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. 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. or is that an approval notice? I want to schedule my spouse H4 visa interview on Dec 2nd week. You have to be worried only if are doing anything wrong. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Please advise. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Documents related to your H-1B petition. While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. pls help. Questions about affecting your status should be posted to an Attorney . 2. 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? thank you. You need to find new employer. 1. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Im not sure. On April,15 a Company A filled my H1 work visa. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. 2) I dont have pay slips as I never joined company A. I have a question , pls suggest your valuable guidance. You need an H1B stamp to enter as H1B status. My employer has filed for H1B amendment for new location. 4. Based on that the following are the cases that I landed up). Hi Rk, we are in same situation, can u please let me know what you have done. Please contact our office if you would like to initiate a permanent residence application. Hi now I am on opt ead and my husband is on f2 status. Will my current H1-B application get rejected because i dont have these details? Now my employer is telling me to go for stamping with client A documents. Hi Raghu My case is similar to Abhisheks case. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Still the status show it is under review, I am not sure what is the processing time in general. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. 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 are on H1 and you should get paid! When can I start working for the employer? Now My question is. I have applied for SSN in near by office. case created:15th June, Case updated:18th June. My employer specifically mentioned that they will revoke my petition on or before 30th September. can i take got visa stamping with that case ? Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. 3. Thanks for asking. Let me know what does my status mean . My L1 is valid until Jul 2012 and H1B until Nov 2012. F1 Visa Expired in July, 2012 Hi, Please share some information wrt this. You cancheck visa-waiting times here, and you cancheck consular procedures here. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. 2) when can i go for the stamping?? The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. I m doing Msc biotechnology. I got my H1B approved for the year 2012. If you do premium processing, then you can get approval in May/June. He just received a mail from university that his sevis is terminated and out of status now. I was working on h1b visa in usa from 1-2 years for same client. I found your video really helpful to understand the process. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? Also after receiving my I797 notice, can I go and apply for SSN? Can I get to continue to work with my current visa status (L1, L2 or OPT)? I am currently on L1B visa in USA. Please follow any instructions provided by the counslar at the time of your interview. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. You can transfer your H1 to new employer and they have to send the required documents. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Things to Know After Your H-1b Is Approved My attoryney applied for an amendment on June 2nd. What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. The H1B visa transfer process is as follows: 1. Please advise. Such guidance does not carry the binding force of law or regulation. 2. Lets say if my application picked up in lottery and Ill get result in May/June. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. You should ask the same questions to an Immigration Attorney. Will company B create any problem for me? Hi Arun, 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. Now, I am wondering if I am unable to get the above position. My next employer is ready to stamp. One of my friend has the same issue now. To provide more details; (I have the option to chose two different places. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). Hi !! 3. The intervening admission to the U.S. does not override this later effective date. Is her H1B approved on Oct 2008 is till valid ? But I have left from the company which applied my H1B. H-4 visa holders who have extended or changed status in the U.S. and who have been issued an I-797 Approval Notice in their own name should travel with the . all the same forms, and interview etc? A copy of your visa stamping appointment letter. You get the original in 2-3 working days. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog Only your employer can help you with this case. Could it harm my visa to do so? My friends are telling like she should give some 221G atleast if she needs to hold approval. Hire Us. Now company forgot about my master's degree. People are still waiting for H1B results filed in April 2015. I hope you will be able to help me. If you continue working, you run the . Thats measn your OPT will be extended till Oct1, when your H1B becomes active. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. My attorney told you can get stamped anytime before your STEM OPT expires my question is. My questions are If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Is this a practical scenario? I would need to H1B, F1 respectively. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? Question I have is my husband was in F1 and went ahead with divorce. But, do you want to wait around to get into H1B under this current 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. USCIS publishes these figures on a weekly basis. I was trying to go for masters at the same time so I took both chances parallel . 1. This year if I want to go for a job or higher studies in US. My petition got approved. 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! There are two steps involved in changing visa status from H-1B to F-1. 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? So did you apply for STEM extension? Do you need New H1B Visa Stamping after Transfer? H4? FAQs Please also follow any specific instructions on the consular website about additional documents to bring to the interview. did your employer provided you a copy of h1b petition application to you? If you told for me to went there and got the stamp when would you suggest? It can take four to six weeks or longer for visa appointments. if so, what should I do for a month? Now my question is can I change my employer in May/June immediately after getting approval ? 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). The 2004 Hernandez letter remains helpful and relevant even after many years. My H1B got approved this year but unfortunately my employer let me go. Transfer h1. 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. Even when I work in consultant, is there any process that should be completed before I travel from India. F (413) 584-5411 You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. 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). 3. My H1B has been approved and i am staying in india. P.S. But during H1-B stamping what should i defend, if questioned about this? 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. I currently live in the US. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? I got a new project with a start date Jan 2nd 2019. 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? If your employer is not giving the letter, then you have to go with what they have given. In this she cannot travel and neither u can extend her i-94 based on ur new petition. i9 will be used for your job and visa verification by your employer. Please let me know what should be done to correct my DOB??? ( was on H4 earlier). I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. You will fill DS-160 as if you are going to attend an interview with Company A. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. you have to provide EAC NO SOME IS VERY HELP FULL. What are all the details/documents required for scheduling the interview? or It was just a coincidence and my petition was approved on the same day using normal processing ? I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . I m planning to go to USA. I got my petition approved till September 2017. Do I need some documents and letter from my employer before I fly to US? Could you please tell me how much time it will take to receive the Approved petition. Your emoloyers attorney should answer this question. H1B Visa FAQ Related to Change of Status - Immihelp Once I check that my H1B is approved on the internet, can I start to work right away? So can we file one more amendment without any issue when the previous petition is still in progress? If not what should I do ? Hi I am currently in same situation. However getting visa appointments in India is also hard so you just pick your poison I guess. Iffurther information is needed you will be contacted. Sorry. Could I have issues at the port of entry airport because of the H1-B pending? I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. Please help me by providing answers to these questions. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. So i wanted to schedule the H1B interview by the second week of Oct-09. 1. I am currently in US on L1 visa and checking options to moving to h1b visa. There is an option to have your first H1B visa stamped in Canada. I am on OPT right now till June 2011. I want to share my question to you hope I will get the answer. As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Please correct your article. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. There is no grace period. Thanks. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. You will need to talk to an Immigration Attorney for your situation. 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. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. If yes, Can she apply for COS from H4 to H1 using old H1 approval ?
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