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Can i apply for the H1 B visa NOW?? My applied for H1B through my current employer. Congrats on your H1B Approval. Since then I have acquired alot of helpful information that has helped me tremendously. 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. Customs and Border Protection (CBP) has implemented an electronic I-94 system. 6. But company x filed my petition when I was in place A and two months it moved me back to place B. Can I transfer my H1B without working with employer Y before October. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. Actually I have my H1B ammendment filed for relocation and it is in progress. Else when is the earliest to do that?? an assumption, I have authorized CPT and went to India on vacation. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. I got my stamping done in Jan 2019. Thank you. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. 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? 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. Before the start date of the job or after a while the job was started? I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. What are all the details/documents required for scheduling the interview? Talk to an attorney and figure out the plans and status. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. But before interview i will get my new H1B extension petition. It is our pleasure to assist you in this matter. Living within US without COS? So they requested a data fix to SEVP to fix my SEVIS record. You should try to transfer before they withdraw. Please share on who did you handle that circumstance? 1)My H1-B was filed using I129 in November, 2011. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Next Steps After H1B Visa Approval - Change of Status or Stamping Ask it via Ask an Attorney ( through this blog ) Without any paystamps with employer Y. Can I travel outside the US after H1B approval (change of status) but before Oct, . Get approval, then stamping. Can Someone please help? If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Am I considered out of status ? Mine got approved on 12 Nov, Still waiting for 797. I have already used my OPT and OPT extension. 1. In this she cannot travel and neither u can extend her i-94 based on ur new petition. Thanks. are there any issues? You should consult an attorney to see what options you have. you have to provide EAC NO SOME IS VERY HELP FULL. 2. Opt Expiration date : December, 2012 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. I have applied for SSN in near by office. 3. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? ( There is a requirement of paystubs please check with some expert on how many ), 4. The DOB is in the new I-94 which is at the bottom of the I-797 document. My company applied for the H1B but are now saying that there are no projects. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. My Petition got selected for h1b by lottery. I agree with your attorney. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. with the application itself. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? Now My question is. What happened ? ** Note that the name on your passport must match the name on your I-797 approval notice. 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. Hi Arun, I live outside of the US, and only 10 days to find apt and get ready to work?? It seems in either of the two cases I have to attend the visa interview in the home country. Questions affecting your status should be answered by an attorney. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . I was working on h1b visa in usa from 1-2 years for same client. Hi H1B to F1 Process and Timeline for Indians : r/h1b I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. is this usual? I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. list of documents required for H1B Stamping. Things to Know After Your H-1b Is Approved I found your video really helpful to understand the process. 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. Could you please tell me the process how you got the H1B.I am also looking for one. Now My employer requested me to come to USA. Need to go for stamping to activate my visa. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. Now my doubt is will my h4 will be questioned if I go to India. Will my visa become invalid or will it still be valid after few months? After coming to US i changed my status to F1 in June 2011. 5. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. 2. 3. So can I continue working on my L1B visa till will get new project from this third party consultancy ? yes , responded to RFE in NOV 2015 . Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. Travel After Change-of-Status Approval with Future Start Date I have a weird situation. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. You are right. Go for stamping and did you ask your employers attorney? I have an H4 visa and live in USA. Very recent my h1 petition got approved for one year. Check the Processing Time, usually, H1B and H4 gets approved at the same time. In the meantime, my spouse got a Full Time offer with Company B. I have a planned trip to India on 27th October 2016 for around a month. Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? 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. Then link the new DS160 to appointment confirmation (via travel docs). I know the alternative is to wait together to go as family. If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? I dont know if the start date will be Oct 1 or day when they approve the petition (after Oct) and it doesnt really matter. 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. First Do i have any problem in visa stamping? Is there any info for attending visa interview in India? 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. Theres no wait time. 1)Do you think my visa can get transferred to company B?? I am in the middle of finishing my last semester of school. 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? Once you are in US ask the new employer to file for COS with I94, 2. So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . Your emoloyers attorney should answer this question. Such guidance does not carry the binding force of law or regulation. But i am planning to change it to H1B. Kindly help to understand what are my options in such a case. 4. 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 Your Is there a problem if I travel to India in November? Hi !! Appreciate any help on this to get the SSN ASAP for her to . https://askanattorney.happyschools.com/, Hi , I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). Currently I am in my post completion OPT. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Sorry, They gave Master service agreement and PO copy between them and client. or can I go to any country to get H1-B stamping ? Same company, same role. 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. Please review this material carefully. 2.What are the options to get a valid I-94, without going back to my home country for stamping? My H1B has been approved and i am staying in india. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. I am on F1-OPT, and my H1 gets valid from Oct. 1. Am I correct? currently iam in USA Hi Rk, we are in same situation, can u please let me know what you have done. Heres my opinion: If yes, Can she apply for COS from H4 to H1 using old H1 approval ? My H-1B got approved recently as my employer applied it through Bachelor's degree. 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. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. My attorney recommended that I should not travel to India until next summer. Copyright 2005 2022, MURTHY LAW FIRM. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. Does it help for any cap exempt? Im not sure how USCIS treats the approved petition. Ask your attorney or submit this via Ask an attorney by Email. I know so many who got benefits from the second degree (completing it). Ask your employers attorney Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? I am in India. We have applied for the extension and we have got the receipt. Why are you asking questions impacting your status on forums? (same sate). You should review all of this information after each H-1B approval. 1) I need to travel to India between April and July, will there be any issue? You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. My husband employer filled for my extension. Please be sure to do the same for your dependent(s). Yes. Heres a list of documents required for H1B Stamping. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. If you had approvals in the past 6 years, then you dont count in the lottery. H-1B Change of Status - Immihelp Your H-1B status is valid until the end validity date of your most recently issued I-94. Do I need to get a date from consulate to get H1B Stamping in India? I have responded to an RFE and am awaiting the final approval, hopefully. But the location where i want to go for work is different state than the petition filed for a different state. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. My H1B Status still in Received status, what should be the deadline time to change the statues? if yes then how. Hi Raghu My case is similar to Abhisheks case.