1)Do you think my visa can get transferred to company B?? First, you must be present in the U.S. at the time your employer files your extension petition. I was thinking of traveling to India to get the stamping in the month of November. So, I have 2 questions: Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. My change of employer petition was approved recently while still being in US. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Please help me guys, I am totally confused on this. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. But the office location is different and the new address of residence is different state. Always consult an immigration attorney to get your questions clarified. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? https://premium.happyschools.com/course/consulting/, Hi Raghu, Can I try for H1B transfer from here in India itself? After going to India if i will not get stamping in India, What documents should i carry in both situations(processing time and after acceptance of H1B). Currently on a Project My H-1B got approved recently as my employer applied it through Bachelor's degree. (same sate). Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. But now new i94 , my first name : fnu and last : xxx yyy, I went to apply SSN but they were not able to see my records. I have two options below. Please help. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. But before interview i will get my new H1B extension petition. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. My employer is saying security check is going. You should check if Transit Visa is required for Paris. Same company, same role. Thanks in advance! The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Ganesh Thanks for highlighting it out. What will the case status online if COS is denied and H1b is approved ? Please share if you get any answer so to your question. If yes, I need to get updated project/client related documents from the employer who filled. Otherwise, the issuance of your visa may be delayed. If you are interested in reaching out to us, please click here: P (413) 584-3232 If this happens, please contact us so we can discuss how to maintain and extend your status. kindly help me please. My name on H4 i94 is mentioned with first name : xxx ; last :yyy 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Instead of checking Change of Status, they indicated that I am outside US. 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. In USCIS site, my case status was changed to approved on July 16, 2015. My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. So its a negative in my case and ill be counted in cap? Hi Raghu, Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. It should come to you within 2 weeks. My H1B has been approved and i am staying in india. The original I-797 approval notice. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Also, i have a b1 from the present company. This means I will not be able to transfer it to a new employer. If H1 done vs CP, then you will stop working when you enter the US on H4. Any help would be appreciated in clarifying the following questions. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. My friend has a situation where any of your suggestion would do a great help. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Visit this page frequently to know the latest updates. I have two queries in regard to stamping. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. Hire Us. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. Ask it via Ask an Attorney ( through this blog ) Could you please tell me the process how you got the H1B.I am also looking for one. Your employer will file H4 visa along with your H1B application. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. Now can go for stamping or not. even if my h1b is for a non-profit institution ? In the past, this was an option, but currently, only visa renewals can be done in Mexico. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. Shilpi- did you get an answer to your query? Even if my H1B COS is approved either before they travel or while they are travelling in June/July? Thanks. can you tell me do i need to pay the complete fee or no. *You do not need to present your original I-797 approval notice at your visa interview. Please help me by providing answers to these questions. 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. I have a weird situation. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. I have removed parts of your comments. Quick question- I received the COS from L1B to H1B two days back. I found your video really helpful to understand the process. Some people are waiting in India without having an opportunity to travel with H1 approval. Now, I am wondering if I am unable to get the above position. I am go to apply for H1 B extension. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? 1. Updating the address in USCIS website is sufficient or anything else is required? If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. There is no grace period. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. It has already been 6 months since i received my approval. I just got this notice, but does it mean I got approved to technically be H1B status? My question is what are the consequences of not having the visa stamped immediately. or Am i eligible for CAP-GAP automatically? I m planning to go to USA. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. Am I considered out of status ? Customs and Border Protection (CBP) has implemented an electronic I-94 system. Does it help for any cap exempt? So can i go to home country and stamp H1 on Aug 1st week or 2nd week. 2. 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. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. 2. 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 ? in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? My status got changed from H4 to H1. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved I was planning to travel to India once my case gets approved. And petition validity is till October 2013. towards the end of 6th year. Talk to an attorney https://askanattorney.happyschools.com/. 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. Kindly reply. Currently I am in my home country. What are the time lines for this modification?? If your visa application is approved it will be processed and mailed/available within 2 business days. 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. Only French Consulate can answer this question. You may have different questions with respect to this situation. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. So i wanted to schedule the H1B interview by the second week of Oct-09. I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? Can I transfer my H1B without working with employer Y before October. 8. 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? Also, please suggest if people are getting their H1B approved? Hi, I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. Will company B create any problem for me? However, i have also pursued a masters degree in Environmental science with which i am working right now. I have one more offer from company C, My question is Hi, Can it be fixed before that date ? The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. 3. wat would be the best option for me to travel to India in this situation. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. Since then I have acquired alot of helpful information that has helped me tremendously. Do we need to visit counsellte again for stamping? 2. Does this mean they sent the reciept that they received our request? Why not get H1B stamping and enter US? I think 6 years will start when H1B status is activated. I want some time ( may be 1 week atleast ) to resign from present employer. 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. 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. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. Can my employer file for an extension considering that I havent entered the USA with the initial/current petition and do we have to file for an extension before current one expires considering that I havent entered the USA? 1. Hi Raghu, Traveling While Awaiting an H-1B Extension. Will my current H1-B application get rejected because i dont have these details? The 2004 Hernandez letter remains helpful and relevant even after many years. Could you please tell me how many days it will take for replacement copy of Approval notice. Your employers attorney should have given you these details. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. 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. I have an active L2 EAD and I am working at the moment. The H1B visa transfer process is as follows: 1. I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. Without any paystamps with employer Y. Close All Open All Cap-Gap Extensions Eligibility for an Extension Hi Ram Im exactly at the same situation like yours now. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? When he asked to return the money they are not willing to do so 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. My case got recently approved. H1B will have a start date, so you can enter upto 10 days before the start date. Is there a final date where I would need to take on my H1B visa? My i129 petition has been approved without change of status from h4 to h1b. Let's look at how it works and why USCIS will abandon your COS application. My H1 b petition is approved 2008 June , I didnt went for stamping . 3. Yes. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Please hel me if some one knows the rule of H1B Visa. 1. My Employer from India, I have my client at Location X and Location Y. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). If it was a coincidence then my petition was approved using normal processing and I should get my money back. You should have the Approval Notice with you. Please suggest. 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. International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. I agree with your attorney. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? 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. Do you see an issue with this? So can I continue working on my L1B visa till will get new project from this third party consultancy ? If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. Your article mentions that we can reenter the US only after October 1st. The USCIS responded that the travel does not change the equation. Hi Raghu, The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. There are some exceptions to this rule. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) with the application itself. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? 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. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. My visa stamping is done on May 2012 in Hyderabad . I want to share my question to you hope I will get the answer. USCIS now provides a copy of the I-129 petition directly to US consulates. They are the right person to help you. can I travel and come back without any problem? #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa.