travel after h1b change of status approved10 marca 2023
i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of 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. You need to apply via lottery. They would have to file COS from H4 to H1 ( and they can do in Premium). For how much time can I be on this visa without stamping? Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. would there be any problem returning US at the port of entry ? Where are you getting information that you need 3 months pay stubs? should I get back to the US before the 7th of July ? I have got my h1 approved october 20th. I have checked my status online and it says , we denied your i129 and mailed you the decision . The increase in enrollment is due to the removal of travel restrictions . My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. Nationality- Indian I have a weird situation. My employer hold me till todate. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. My petition got approved. Looks like you have figured out the best path and as you said, theres no ideal option. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. If yes how.? Sorry, They gave Master service agreement and PO copy between them and client. 2. All the numbers I try online dont help. It would be of great help if you can answer me the above questions. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Kindly reply. You should check if Transit Visa is required for Paris. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. can i take got visa stamping with that case ? 1. My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? My H1B visa has been approved and I am waiting for my Stamping. 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. My employer is saying security check is going. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. are there any issues? 8. 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). H1B will have a start date, so you can enter upto 10 days before the start date. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? Now, my current employer is asking me to leave the country as my petition was denied. First Do i have any problem in visa stamping? Please hel me if some one knows the rule of H1B Visa. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. In 2018 November I had to leave US and (the organization where I was working) because of a family I have a family emergency and that made me go from 19th of september to 24th of september. (same sate). My H1 b petition is approved 2008 June , I didnt went for stamping . I am in USA on H4 visa. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. Will it create problems during H1b stamping in India during interview ? So, will my last year case have any impact on this year, as I didnt go last year. Do you see an issue with this? Instead of checking Change of Status, they indicated that I am outside US. HI, Now my ques is , I knw i can work on 1 h1b at a time. I came to india and got H1B stamp in my Passport valid until September 2012. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? Thanks. There are two steps involved in changing visa status from H-1B to F-1. 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. Change of Status(COS) or Consular Processing (CP). My questions are: I'm Indian, rightnow doing job in Singapore. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. I just wanted to know the risks in traveling to India now. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. I am already in the US. Were you able to find out whether we can apply for COS or how did you go forward? Please help me by providing answers to these questions. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. Yes. Now I can utilize the same Petition number to other Employer. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. I know the alternative is to wait together to go as family. 2. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. Even when I work in consultant, is there any process that should be completed before I travel from India. My H1 transfer is approved by employer B (new employer) and I received an approval notice. It counts based on effective date or expiry date? My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. Its very helpful. 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. I have only LCA ETA form 9035 & 9035E. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. Current Status H1B Approved I got a situation Herr, I got my approval notice for H1B 2016. You will be required to upload a digital photograph. OPT should be still valid I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? My employer has given me all the documents that he has received from the attorney. I might have to go to India in December. I will NOT be travelling out of the country. I wont have time to get my visa changed over to H1B during this trip. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. 2) I dont have pay slips as I never joined company A. I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. Im in H1B Status now and planning to transfer to new employer. Got message: I am sorry if my above assumptions do not fulfil your case. an assumption, I have authorized CPT and went to India on vacation. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Questions about affecting your status should be posted to an Attorney . I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? You should ask the same questions to an Immigration Attorney. Accurate I-94 records control your lawful status: they are very important. Is my petition still valid and can be considered for cap exemption.? I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. Hi, 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. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. You can also post it via As an Attorney here. One of my friend has the same issue now. Hi Rushi, if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? If my employer file for extension with the start date Jan 2nd 2019. Your employer will provide you the I9 form to fill for them and it's only after your joining! Please help. My question is, where do I go to receive this stamp I read about ? Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? I need to travel to India by this month end. Yes you can but you need the approval notice. Case 1: You will be fine. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? Can Someone please help? 2. I just graduated with Bachelors in Computer Engineering from a US university this august. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Is it necessary to work in petitioned company, while going for an H1B interview. You cancheck visa-waiting times here, and you cancheck consular procedures here. Thanks. Hello raghu, thanks for sharing the information. But, do you want to wait around to get into H1B under this current scenario? The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. Mine got approved on 12 Nov, Still waiting for 797. 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! Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- Raghu , Actually I have my H1B ammendment filed for relocation and it is in progress. 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. Is it possible to transfer it to my new employer. 1. I got my h1b petition approved filed by my previous employer couple of days back. 1)Do you think my visa can get transferred to company B?? My new employer has filed the H1b transfer in October 05 2015. 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. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. Now in ds160 I have filled new passport details. or will it be a new h1b and i will be placed in lottery? Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. The I-94 reflecting the change of status is attached to the approval notice. Question I have is my husband was in F1 and went ahead with divorce. https://www.happyschools.com/ask-an-attorney/. My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. I have submitted my final evaluation of OPT to my school and they told that my sevis status was not auto complete/update to H1B. I have a question. You should have the Approval Notice with you. In 2004, the U.S. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). I got my H1B approved in Dec 2018 from a non-profit Organization. My employer files an H1B cap-subject petition for an F-1 student on April 1st. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. Without any paystamps with employer Y. 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. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? towards the end of 6th year. 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 . You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Ideally how much time it takes for the approval notice to reach at our end? Hi Raghu, Thanks Raghu. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. reagards 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Will my current H1-B application get rejected because i dont have these details? Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. But I too am in a same boat, Hey Raghu. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? I also got a 5 motnhs gap in my OPT period. You should consult an attorney to see what options you have. 3. Its would take less than 30 minutes to get a new DS160. Or my H1B has to be stamped in my passport to be eligible for employer change? Questions affecting your status should be answered by an attorney. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. I travelled India when he was on H1 status and I do have visa stamping till March 2019. Company B is filing H1b for me. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. So he could start working again at least until April 2020. I wasnt planning to go to India for H-1 stamping this year. I got my H1B approved in 2013 and stamped in 2015. 2) when can i go for the stamping?? Will there be any issue with that on stamping. 2. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S His wife came on h4, now got h1b through lottery. I did not have petition copy with only i have WAC no. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. I received my H1B approval notice yesterday. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? So, you can start working immediately. please do let me know. You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. I would like hear about your experiences or your advises on H1B visa stamping in Canada. People are still waiting for H1B results filed in April 2015. 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? Any other Visa (L1 or B1 etc ) NO other Visa As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? how soon and in what way I can travel to the USA ASAP. Can I travel outside the US after H1B approval (change of status) but before Oct, . You need paycheck only if your started working on H1. ( OR) Travelling to US for the first time. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. F1 Visa Expired in July, 2012 So its always best to check with a consulate first before booking for visa interview date. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. 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. What is the maximum duration I can wait before going for stamping. During this period, prospective petitioners and representatives can complete and submit . First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. I got a new project with a start date Jan 2nd 2019. USCIS now provides a copy of the I-129 petition directly to US consulates. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. Travel, whether for personal or professional reasons, can be an exciting . 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). Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. Talk to an attorney https://askanattorney.happyschools.com/. Hi Raghu, You can consult one from our team https://askanattorney.happyschools.com/. But, if you get denied, Im the one to blame. 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 . My start date was March 5th. 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. What are all the details/documents required for scheduling the interview? Please help!
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