I received my H1B approval notice yesterday. Unfortunately the communication with the US embassy here is very complicated. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments How soon I can change my employer ? You can also request a "Travel Letter" from our office. My OPT extension came in effect from 10/01/2016. Refer to comments policy. Congrats on your H1B Approval. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. 9. She came to US in H4 Visa in 2009. 2)Got an Approval Status on March, 2012 My H1 got approved in August. 5. If you had approvals in the past 6 years, then you dont count in the lottery. 1. But the location where i want to go for work is different state than the petition filed for a different state. My start date mentioned in the petition was Nov 1. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? Hi Raghu My case is similar to Abhisheks case. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. Iffurther information is needed you will be contacted. H-1B and O-1 Travel. You can attend the interview as a family ( H1B and H4) together. I have valid H1b petition until 2014. Should I cancel my H1B ? In USCIS site, my case status was changed to approved on July 16, 2015. I am in the middle of finishing my last semester of school. I live outside of the US, and only 10 days to find apt and get ready to work?? I am currently living in USA and working as a full-time employee with the same employer for 2years. One of my friend has the same issue now. MY H1B employer is OK to work with Dell in Austin. My H1B visa is showing approved now. A reciprocity fee may also be required. You can go for H-1B stamping to your nearby American consulate. So, you can start working immediately. Stamping is not required unless you leave the country and enter again. What will the case status online if COS is denied and H1b is approved ? I can return back to work to the same employer or different employer after few months. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. 8. Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. However I have a bit tricky situation. From USCIS website my status is confirmed as Approved. You should consult your employers attorney . Should I go to my home country for H1-B visa stamping or it is too risky for me? People are still waiting for H1B results filed in April 2015. Please follow any instructions on the notice. pls help. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Still the status show it is under review, I am not sure what is the processing time in general. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? will it be valid to apply in 2019? Not sure, why they have to say H1 cant be extended. Does anyone know how long an amendment takes? Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Here I got some confusions.. 1. For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. 2) when can i go for the stamping?? 2. 3. I am still waiting for I797 from my company A. Do I need to leave the country ? Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. Please can you share pros and cons for both the options or are they correct options to chose. In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. Also, please suggest if people are getting their H1B approved? 1. If you are interested in reaching out to us, please click here: P (413) 584-3232 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? 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? Is that ok to start working in regard with my status? Raghu, During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. 3. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? H1B will have a start date, so you can enter upto 10 days before the start date. Thank you. If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . You will be required to upload a digital photograph. should I get back to the US before the 7th of July ? I am currently working as a full time employee Programmer analyst in e-verified company. 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 ? 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). Is it ok to wait for more than 3 momths after my H1 approval? 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. My questions are I am on F1 status , and its valid till feb 2018 . 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. Thats the conversation you should have with your employer and attorney. After going there i would like to change my status to H1B from F2. 1. But i am planning to change it to H1B. On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. My Employer from India, I have my client at Location X and Location Y. If I can return on F1 visa what is the last date I can enter with F1 visa? 2. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Any help is appreciated. Can you please tell me whether we can go to stamping with this ammendment details. Customs and Border Protection (CBP) has implemented an electronic I-94 system. I did my Masters from US. Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. also one of my friend lost his 221G how can we get the copy of 221G? Can he transfer Visa or will apply new visa? P.S. 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 wont have time to get my visa changed over to H1B during this trip. I am awaiting for documents from my employer. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Can you please tell me what shud I do to correct that ?? My friend has a situation where any of your suggestion would do a great help. Did you transfer your H1B to your current client without working with Employer Y? My friends are telling like she should give some 221G atleast if she needs to hold approval. Can they apply before October 1? Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. 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? You get the original in 2-3 working days. 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 :(. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. 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. Please contact our office before making travel plans. I am bit worried on this status, can you please help me to understand this status. 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 ? A copy of your visa stamping appointment letter. Looks like you have figured out the best path and as you said, theres no ideal option. I started working since 6 months in pretty big company. Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. There is an option to have your first H1B visa stamped in Canada. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. Raghu , My husband employer filled for my extension. and my last day in the organization was 11/16/2018. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. Were you able to find out whether we can apply for COS or how did you go forward? 2. interesting how to apply for dutch passport ? I had not scheduled my visa interview, and I didnt join that company. You have to be worried only if are doing anything wrong. 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. My employers attorney has filed a service request too with USCIS, but no updates yet. 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. What happened ? Email info@cbkimmigration.com If i find a new employer will I still be cap exempt? 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? The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. Thanks. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). I have received i797c notice of approval. Ideally how much time it takes for the approval notice to reach at our end? I cant advice on questions affecting your legal stay in USA. The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. What are our options ? can i re-enter USA on my F1 visa without any issues in port of entry?. 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. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Im on F1 Visa Status currently working in USA on STEM OPT. Please suggest. USCIS now provides a copy of the I-129 petition directly to US consulates. My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. I want to transfer to new employer once i got my 797. My spouse current status is H4 EAD. 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. Thank you for the answers, Rao and Raghuram! If you do premium processing, then you can get approval in May/June. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Will it create problems during H1b stamping in India during interview ? 5. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Please reply ASAP! 2. Talk to an attorney and figure out the plans and status. I know so many who got benefits from the second degree (completing it). You will fill DS-160 as if you are going to attend an interview with Company A. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Later, you may jump ahead to certain sections. Thanks. But, if you get denied, Im the one to blame. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). I need your suggestion regarding the travel. URGENT! You should have the Approval Notice with you. My applied for H1B through my current employer. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. Only French Consulate can answer this question. Else, it can take months and theres not time limit. My extension of H1B i129 was approved last week and I am living within US now. Could you please tell me how much time it will take to receive the Approved petition. ?Could you please advice me on the same? I just wanted to play safe and avoid going for stamping in this trip. My fiance and I both work for the same company in the US. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. I was working on h1b visa in usa from 1-2 years for same client. 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. Is it possible to transfer it to my new employer. It takes few days for the Database to sync between I-94 and DMV. 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. My question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). In the meantime, my spouse got a Full Time offer with Company B. I have travel plans and booked VISA Interview on December 16th. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. 1) I need to travel to India between April and July, will there be any issue? Is there any info for attending visa interview in India? 1. Can some one help me to find what is the ideal solution? My employer saying till january I may have to wait. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. Your Attorney should give the list of documents. Copy of your old H1B approval notice and offer letter, pay stubs, etc. my status showing as below. Documents related to your H-1B petition. 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. Is this possible? Hi, Can I get to continue to work with my current visa status (L1, L2 or OPT)? But employer says that he has not yet received the 797. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. https://www.happyschools.com/ask-an-attorney/. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. All Rights Reserved. I d like to know How long is the approved petition valid for and when last can travel to US ? Will there be chance for getting stamped if I attend the interview late? You can also post it via As an Attorney here. Will my current H1-B application get rejected because i dont have these details? are there any issues? You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Now my ques is , I knw i can work on 1 h1b at a time. Currently I am working for company A and my H1b got picked up this year. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Please share on who did you handle that circumstance? Could you please tell me the process how you got the H1B.I am also looking for one. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 3. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). Travelling outside US when H1 B is under process is that a problem? (Shilpi says: December 3, 2011 at 1:42 AM). How much time will it take? Hi, Hi, (Or) How much time do I have, to travel outside the country and get the H1B Stamping? 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. 1. 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. 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. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Hey Please schedule a 15 minutes call. file MTR or appeal. We have applied for the extension and we have got the receipt. A: Status changes are handled by USCIS. e.g. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Mine is a tricky situation. If i go what will be the problem to my H1B? 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. For how much time can I be on this visa without stamping? Will there be any serious issue duing VISA interview. What happens to my H1 b status? (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Nationality- Indian Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. Now company forgot about my master's degree. This includes changes in work location, salary, and job duties. Your employer will provide you the I9 form to fill for them and it's only after your joining! You can transfer your H1 to new employer and they have to send the required documents. Help Can I join B without any issues/legal hassles? I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. Could I have issues at the port of entry airport because of the H1-B pending? 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. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. I have a question , So when my transferred petition approves i would be having only 4months from the visa expiry . I am still on my OPT that runs till next year June. In Mar 2019, my employer had filed an amendment for change of location. I live inside USA and I have valid status. It will be bumpy ride. Now my doubt is will my h4 will be questioned if I go to India. 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. Should amendment be filed before Oct 1?? Got the recpiept on amendment but havent heard anything from USCIS. You cancheck visa-waiting times here, and you cancheck consular procedures here. Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. So, will my last year case have any impact on this year, as I didnt go last year. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Or go with the existing Ds-160 and show them the approval notice when questioned. Your employer will file H4 visa along with your H1B application. I hope i could find an answer to my question . Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. My petitioner has sent me WO agreement between petitioner and client for whom I will work. i will have to travel to india next month . I94 validity and with what Visa Type Not sure about I94, visa type is H1B Please suggest. Can you tell me when can they apply for H4? Is this a right thing to do ? Due to some reasons their department HOD is not going to sign the OPT form. Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? 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. The original I-797 approval notice. Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. So, I think you cant go back. 2. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Thanks for asking. Case details: Can I try for H1B transfer from here in India itself? Is there any risk involved in it? or can I travel after my acceptance of H1B. 1. Is this a practical scenario? Im in the very same situation as you were in. if yes then how. 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. If my husband visa gets approved by nov15, do I need to wait for the documents? https://askanattorney.happyschools.com/, Hi , Pls reply My case is approved for H1 B cap for year 2017. I am currently on OPT with H1 Approved status starting from Oct 1, 2016.