I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? Also, I am planning to apply for h1b for next year. If yes, what will be the visa validity he can expect? I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. My H1 got approved this oct6 from California center. Raghu, I ll be grateful if you can guide me for this. 2) when can i go for the stamping?? And petition validity is till October 2013. But with some personal issue, I need to travel to India in the 2nd week of April 2019. 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 ? Lets say if my application picked up in lottery and Ill get result in May/June. 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. 6. Post the question to Attorney Murali via Ask an Attorney. 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? I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Please help me by providing answers to these questions. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. The H1B visa transfer process is as follows: 1. 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. Where are you getting information that you need 3 months pay stubs? After coming to US i changed my status to F1 in June 2011. Please share on who did you handle that circumstance? My questions are Please share your case. My friend has a situation where any of your suggestion would do a great help. My H1B lottery is picked up this year. You can attend the interview as a family ( H1B and H4) together. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. Copy of your old H1B approval notice and offer letter, pay stubs, etc. I just want to know what all documents I have to collect from my employer. What should I do now ? https://askanattorney.happyschools.com/, Hi , If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Now My question is. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. 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! 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). Can you please help me in understanding what should I do? what wil happen to my H1b? I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. It will be bumpy ride. Is there a way I can reenter the States using my current F1 visa? I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. 2. I know the alternative is to wait together to go as family. My attorney recommended that I should not travel to India until next summer. What will the case status online if COS is denied and H1b is approved ? You should review all of this information after each H-1B approval. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? 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. I know so many who got benefits from the second degree (completing it). Help During this period, prospective petitioners and representatives can complete and submit . What form do I have to submit for the visa interview? As you said, many of us are still awaiting the H1B approval. I have my visa stamped this September and I want to travel in the month of March. Thanks, 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. What are all the details/documents required for scheduling the interview? Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Can you please help me with this? Is that ok to start working in regard with my status? Please also be sure to email us a copy of the I-94 printout for your file. 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). Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? If H1 done vs CP, then you will stop working when you enter the US on H4. 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. However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 card will expire on the date your passport expires. You will eventually need H1 stamped right? 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). F (413) 584-5411 Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Looks like you have figured out the best path and as you said, theres no ideal option. So when my transferred petition approves i would be having only 4months from the visa expiry . My L1 is valid until Jul 2012 and H1B until Nov 2012. 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 Close All Open All Cap-Gap Extensions Eligibility for an Extension I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. Heres a list of documents required for H1B Stamping. 5. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. 3. Timing is upto you based on your circumstances. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? Else when is the earliest to do that?? 2. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. Our company doesnt support E-2 Visas anymore. I just got this notice, but does it mean I got approved to technically be H1B status? Could you please provide the procedure in this case. When he asked to return the money they are not willing to do so Please can you share pros and cons for both the options or are they correct options to chose. You have 3 options. What are our options ? I have H1-B petititon approved in 10th October 2010. Please let me know on this. and stamping. Can I get to continue to work with my current visa status (L1, L2 or OPT)? 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? Hello, If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Will it pose a problem while getting the visa stamped? You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Your question boils down to one sentence DO you need Transit Visa for France? 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? 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 time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. If Your H-1B Petition Has Been Approved as a Change of Status: You get the original in 2-3 working days. You need paycheck only if your started working on H1. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. How long can it be allowed/valid to be stamped? If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. If COS is approved, your L1 is gone! Congrats on your H1B Approval. This may help a consular office understand that your work does not have potential application for national security or terrorism. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? 3. It got approved on 12/06/2016. But I am considering the former option. If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. please help. It is possible to go for stamping from other MNC/consultancy with this details? Do I also have to inform my University of the COS? Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. And, Does 3 year duration starts from stamping date, or it is from Oct2019? Company B is filing H1b for me. 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? Will I have to go for stamping to stay in the country? Thanks!! Is there any info for attending visa interview in India? If my husband visa gets approved by nov15, do I need to wait for the documents? Thanks. Is her H1B approved on Oct 2008 is till valid ? or is that an approval notice? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. 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. Thanks for your response. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? 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. I have already used my OPT and OPT extension. Email info@cbkimmigration.com You are on H1 and you should get paid! So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? Talk to an attorney ASAP to know your options. We are currently stating in US. 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. Nevertheless we would like to stay and work in the US. I have not spent a single day of H1B employment with my petitioning employer. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. Is it dangerous? My Employer file H1B visa under Premium processing. You will need to talk to an Immigration Attorney for your situation. I had not scheduled my visa interview, and I didnt join that company. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. should I get back to the US before the 7th of July ? Kindly guide me what should be my next step. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. 2023 Murthy Law Firm. 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. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. But, if you get denied, Im the one to blame. Please set aside time to complete this form. Is it possible to transfer my H1B without any issues? My H1 is approved for the FY2017. 3. what happens if i leave US before october and couldn come on time. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. I got my visa Approved under Premium Procesing yesterday. Congrats on your H1 approval. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. But due to some issues I am not traveling and will be travelling in 2021. Is my petition still valid and can be considered for cap exemption.? If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Else, it can take months and theres not time limit. I know there is recession there in US, but in my case the reasons for not being able to land there are different.
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