If my husband visa gets approved by nov15, do I need to wait for the documents? as supporting documents, if asked. Travelling outside US when H1 B is under process is that a problem? My passport was stolen on 05/28/2017 in Los Angeles. I am currently in US on L1 visa and checking options to moving to h1b visa. Else when is the earliest to do that?? (The LCA received is having the old address). You get the original in 2-3 working days. My employer hold me till todate. Please post your question in Q&A section. 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. In the past, this was an option, but currently, only visa renewals can be done in Mexico. Due to some reasons their department HOD is not going to sign the OPT form. I just got my H1B approved. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. I am in similar situation, did you get to know any way to get the COS approved Im US? 1. If Your H-1B Petition Has Been Approved as a Change of Status: My friend wanted to take the legal action he is having all the proof when the money transfers etc. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). if so, what should I do for a month? In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Where are you getting information that you need 3 months pay stubs? Any help is appreciated. I got my visa Approved under Premium Procesing yesterday. #2 Change of Status DENIED Please help me by providing answers to these questions. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. Can I travel outside US now ? Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. Now, I am wondering if I am unable to get the above position. I think your employer can extend H1B petition up to 6 months before. Shanvi. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. 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? Can it be fixed before that date ? 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. Heres my opinion: 3. my time period exceeds means from india i can Apply my H1B or not. To provide more details; (I have the option to chose two different places. But I have left from the company which applied my H1B. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. My employer says it could take upto 4 weeks. 15 calendar days to get the decision. 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? 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? Thanks for the detailed reply. I have not signed any agreement with company B. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. I d like to know How long is the approved petition valid for and when last can travel to US ? Is that realistic or did we mix things up? You can confirm the same question via Ask an attorney. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? The H1B petition is approved on October 27th. What is Premium Processing? 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 ? If this happens, please contact us so we can discuss how to maintain and extend your status. The H1B visa transfer process is as follows: 1. RFE is answered and I am waiting for the reply. I've a similar situation. I am in india right now. 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 . I just graduated with Bachelors in Computer Engineering from a US university this august. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. Please let me know, Hi Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. I am searching for consultancy firms who will file my H1B visa. I know there is recession there in US, but in my case the reasons for not being able to land there are different. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Hi, Did your h1b approve for stamping? 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.. If you have a pending extension petition . You have to be worried only if are doing anything wrong. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Thanks Raghu. 2. Were you able to find out whether we can apply for COS or how did you go forward? Same steps as applying for new Visa. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. What is the grace period to file the COS now? Suppose assume that im transferring in next month December. Let's look at how it works and why USCIS will abandon your COS application. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. I am go to apply for H1 B extension. Check the Processing Time at USCIS page. Can you please share your experience like what did you do in your case.? Unfortunately the communication with the US embassy here is very complicated. 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). I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. 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! 3. wat would be the best option for me to travel to India in this situation. are there any issues? Your H-1B status is valid until the end validity date of your most recently issued I-94. Or, do I need to wait until I receive the hard copy of approval from USCIS? 1. You can transfer your H1 to new employer and they have to send the required documents. I was planning to come back to US on L1 and then switch to H1B after coming back. Any other Visa (L1 or B1 etc ) NO other Visa Is there any consequences in the case? If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? So, the question posed is whether, after the international travel, the previously-approved change of status from F-1 to H1B, with an effective date from October 1, 2022, is still valid, or is the last action considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on September 6, 2022. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. A copy of your visa stamping appointment letter. Hi Raghu, Please advise. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. Visit this page frequently to know the latest updates. 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. I have checked my status online and it says , we denied your i129 and mailed you the decision . I have sent them my approval notice also. or will it be a new h1b and i will be placed in lottery? After visa is approved, you should get the passport within 3 to 4 days. Why are you hesitant to renew your passport? I know so many who got benefits from the second degree (completing it). You can do the math from there. I ll be grateful if you can guide me for this. Can I get to continue to work with my current visa status (L1, L2 or OPT)? After your H1B Visa is approved, you have to follow the path back from USCIS. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. I am currently in same situation. You need to find new employer. 2. Visa stamping has been expired now. This processing can take several weeks. So in that case i need to attend visa interview again to make my travel. Please respond. (Shilpi says: December 3, 2011 at 1:42 AM). So, will my last year case have any impact on this year, as I didnt go last year. Theres no wait time. But I too am in a same boat, Hey Raghu. Id have a question. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. My start date was March 5th. I have received the approval notice which is valid till June 2020. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Shilpi- did you get an answer to your query? OPT should be still valid * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Ask your attorney or submit this via Ask an attorney by Email. Hi Raghu, I have a question regarding H1B visa appointment. 3. Are some people still awaiting their h1b visa approval? Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. 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? Change of Status(COS) or Consular Processing (CP). You dont have to wait until September or October to get Visa stamping for H1B. I am scheduled for a business trip from Sep 27th to Oct. 6. My DS 160 form status too in Administrative processing, can you please help me what should I do now? I am afraid of expiry date, what will be best solution for it . It will be bumpy ride. Is there a way to track the status? My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. Please suggest. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? My current project is ending on Dec 28th 2018. Hey You will need to submit new ds-160 to update the employer. If your application for H1B transfer is approved, you can continue with your job. Can I go for H1b visa stamping this year with the petition approved documents? I have applied for SSN in near by office. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). But I havent taken ay next step considering the COVID situation.