travel after h1b change of status approved

Thanks. Hello Everyone, Please advise. I got F1 Approval in June. You will need to talk to an Immigration Attorney for your situation. That office now has jurisdiction over your case. My OPT is valid until October 12th. You cancheck visa-waiting times here, and you cancheck consular procedures here. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. In short Yes, but is hat H1 petition still not revoked? Another option is to renew my passport and submit application that way. 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 . 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). I am Ram. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. Suppose assume that im transferring in next month December. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. Company B is filing H1b for me. The original I-797 approval notice. You can transfer your H1 to new employer and they have to send the required documents. this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. I94 validity and with what Visa Type Not sure about I94, visa type is H1B My attoryney applied for an amendment on June 2nd. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Or should I do the same my employer has asked me to do. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. Hi Raghu, So can i go to home country and stamp H1 on Aug 1st week or 2nd week. list of documents required for H1B Stamping. The H1B visa transfer process is as follows: 1. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. Id have a question. But I am considering the former option. Customs and Border Protection (CBP) has implemented an electronic I-94 system. I live inside USA and I have valid status. 2.What are the options to get a valid I-94, without going back to my home country for stamping? Hello Question I have is my husband was in F1 and went ahead with divorce. I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. H1b extension is taking about 5 months for regular processing. What is Premium Processing? Thats the conversation you should have with your employer and attorney. Still my application is not approved. Is there a way to salvage my petition ? But my client job can be terminated before visiting India by Oct10,2016. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. I am still waiting for I797 from my company A. Before you may visit the United States on an H1B visa, you must get a physical copy of your approved H1B's i797 and apply for an H1B visa at a . If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Any help is appreciated. I've a similar situation. i have new employer and will file h1b cap counted next week. If this happens, please contact us so we can discuss how to maintain and extend your status. I am currently working as a full time employee Programmer analyst in e-verified company. Ive never done any studies here in US/Canada and Im from India. If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. please help. 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. My i129 petition has been approved without change of status from h4 to h1b. 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. Published research and other works that are in the public domain should be included in the resume. Visa Validity It would be of great help if you can answer me the above questions. My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. I have removed parts of your comments. See the questions in there. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. 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? Plus, check to make sure your H1 is not withdrawn. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Again i m talking abt having multiple amendments ( not transfer). Can you please tell me what is the percentages of cases still approval pending with USCIS. Hey check with your new employers attorney or one of our attorneys Also after receiving my I797 notice, can I go and apply for SSN? If yes, I need to get updated project/client related documents from the employer who filled. My H1B visa has been approved with a change in status (F1 to H1B). and my last day in the organization was 11/16/2018. can you tell me do i need to pay the complete fee or no. Instead of checking Change of Status, they indicated that I am outside US. 1. I think your employer can extend H1B petition up to 6 months before. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know 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. 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. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. Employment duration with present employer 6 months. My parents are coming to US for a visit. Can you please help me in understanding what should I do? pls suggest your valuable guidance. Check with your attorney or If yes then what would be the approximate cost of status change ? The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). No. I have two queries in regard to stamping. Typical administrative delays are 2-4 weeks, but some are much longer. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? If X is L1, you cannot and should not work on L1 beyond the H-1B start date. A reciprocity fee may also be required. I wanted to visit home before I start my job. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Billing, 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, or It was just a coincidence and my petition was approved on the same day using normal processing ? Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. Education US or non US ( there are certain quota for US Masters Degree or PHD students). Now in ds160 I have filled new passport details. Could you please provide the procedure in this case. This means I will not be able to transfer it to a new employer. Kindly help to understand what are my options in such a case. kindly help me please. If you have your H-1B approved, have to get the H1B stamp before entering America. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? From April 1 your status will be H1. My employer hold me till todate. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. Please suggest I am in huge confusion and tension. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. So he could start working again at least until April 2020. 1. If COS is approved, your L1 is gone! or we are good to travel with updated LCA. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. Stamping is not required unless you leave the country and enter again. will it be valid to apply in 2019? I have H1-B petititon approved in 10th October 2010. Any people in my situation and got information regarding this,help please. 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. Now My employer requested me to come to USA. Till when can I continue my job on L2-EAD? Now My question is. 1) You need to enter petition no in ur wifes DS160 . Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. Would it give problem to me ? Why not get H1B stamping and enter US? My OPT extension came in effect from 10/01/2016. I have a question, please guide if you can. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. My employer files an H1B cap-subject petition for an F-1 student on April 1st. I got a situation Herr, I got my approval notice for H1B 2016. How this H1B visa be utilized in these two cases: Ive 4 years work exp. 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. If you live outside the United States, you can schedule your H1B visa interview. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? If I can return on F1 visa what is the last date I can enter with F1 visa? Close All Open All Cap-Gap Extensions Eligibility for an Extension I am currently in India, I got my H1B Picked and yet to be approved. So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. The I-94 reflecting the change of status is attached to the approval notice. document posted to employer and I am a resident of UAE and Indian Citizen, Should File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). I moved to new the address now (Different State). 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. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. This year if I want to go for a job or higher studies in US. Is her H1B approved on Oct 2008 is till valid ? Thanks. is there any way i can contact USCIS and get to know more about this ? Copyright 2005 2022, MURTHY LAW FIRM. 2. 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. Second, submit a change of status application. I am go to apply for H1 B extension. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. I would appreciate any advice on our case. I am on F1-OPT, and my H1 gets valid from Oct. 1. I am currently in US on L1 visa and checking options to moving to h1b visa. Will my current H1-B application get rejected because i dont have these details? I am bit worried on this status, can you please help me to understand this status. Would my H1B visa expire at some point if I do not adjust my status? You should try to transfer before they withdraw. So questions to you are: 1. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. towards the end of 6th year. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), **. 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. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. I was working on h1b visa in usa from 1-2 years for same client. So, I have 2 questions: Does anyone know how long an amendment takes? Can he transfer Visa or will apply new visa? HI, So, I think you cant go back. If not what should I do ? What happened ? I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. did your employer provided you a copy of h1b petition application to you? Dhara Will he be able to go and attend the stamping? Please follow any instructions on the notice. Please correct your article. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. Now, I am wondering if I am unable to get the above position. I got my H1B stamping done last year in Sep 2009. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. How to Apply for H1B from H4 Visa Status. They may refile or do a MTR. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. I have to go for stamping in Chennai. hi Raghu 1)Do you think my visa can get transferred to company B?? But i couldnt see my employer sending me for visa interview. Consult and attorney. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Dont try to save on FICA taxes . Current Status Visa type with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? 2. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. Even for my wife the DOB is wroing in the I-797. Be practical. 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? 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. My opening is at location Y. I am planning to go to Stamping for location X and then file an amendment since I dont require to wait for the approval notice. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). But, theres no status for mailing the notice. But I too am in a same boat, Hey Raghu. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. 1. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. Hi, Pls reply It will be bumpy ride. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. You should have the approval notice (I-797) form. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Will my extension application be cancelled and do I need to apply again? Can we come back on L1 visa. 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 You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. Very recent my h1 petition got approved for one year. Show them your I-94. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. I am in USA on H4 visa. 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? There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. I cant work without SSN and I cant get SSN with this issue?? Im in H1B Status now and planning to transfer to new employer. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. So did you apply for STEM extension? Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. Has any one got H1-B petition approval notice ? Congrats on H1B approval. Which category does this come under. Refer to comments policy. His wife came on h4, now got h1b through lottery. Company B is a consultancy company. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. 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. Thanks. Stamping before OPT expires Can it be fixed before that date ? At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. 2> If I join a different employer after 6 months. Currently I am in my post completion OPT. Actually I have my H1B ammendment filed for relocation and it is in progress. 2. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. My H1B Status still in Received status, what should be the deadline time to change the statues? Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Talk to your Employers attorney. I got my H1 approved and it starts from Oct 1 2009. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Living within US without COS? Please contact our office before making travel plans. but what will happen at the time of stamping.? 2. In this she cannot travel and neither u can extend her i-94 based on ur new petition. 1. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. Is it possible to continue with my trip to India? As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". Do we need to visit counsellte again for stamping? Check with your attorney for suggestions and answers. Its very helpful. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? Ideally how much time it takes for the approval notice to reach at our end? H-1B and O-1 Travel. Now my doubt is will my h4 will be questioned if I go to India. Talk to an attorney I was on F1 and recently changed from F1 to HIB. USCIS publishes these figures on a weekly basis. My Employer from India, I have my client at Location X and Location Y. Thank you in advance . I have asked US HR already and they advise that travel is possible with the FedEx receipt number. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. 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 . 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. 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. 3) However I left my employer who had filed my petition in February 2012 to join a new company You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Hi, Else when is the earliest to do that?? Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). I have my H1B visa approved. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. Hi, Thanks for your response. Is i am eligible to stamp by next employer OR my petition is waste. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. I have my visa stamped this September and I want to travel in the month of March. My joining date with other employer is after 3 weeks. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Applying H1: Apr1st 2016, Which one is the better option? Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. I did not have petition copy with only i have WAC no. 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. My first trip to Canada will be August 2011. I am on the place as you are. Can i travel India during the H1B processing time.? Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. In USCIS site, my case status was changed to approved on July 16, 2015. My employer has filed for H1B amendment for new location. But due to some issues I am not traveling and will be travelling in 2021. So its a negative in my case and ill be counted in cap? My employers attorney has filed a service request too with USCIS, but no updates yet. Theres no wait time. My passport was stolen on 05/28/2017 in Los Angeles. power bi custom column multiple if statement,