I got my H1B approved in Dec 2018 from a non-profit Organization. I have only LCA ETA form 9035 & 9035E. Dose the h4 extension approval usually takes this long after the h1b is approved ? all the same forms, and interview etc? an assumption, I have submitted the client letter, SOW etc. Is it mandate to get the stamping done and travel to US during the validity period. People are still waiting for H1B results filed in April 2015. can i re-enter USA on my F1 visa without any issues in port of entry?. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. However I have a bit tricky situation. or will it be a new h1b and i will be placed in lottery? Hello, During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. list of documents required for H1B Stamping. 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. 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. I am on OPT right now till June 2011. Your attorney can ask for replacement copy of Approval Notice. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. I am already in the US. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. You can also request a "Travel Letter" from our office. 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. Hi, Can I attend the interview by oct-09? My Employer file H1B visa under Premium processing. 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. We are currently stating in US. But, if you get denied, Im the one to blame. You dont have to wait until September or October to get Visa stamping for H1B. Now my employer is saying that they want me to start from Jan 1 2012. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. And new passport have details of older passport in it. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. Where are you getting information that you need 3 months pay stubs? 1. 1. The end date indicated on the I-94 is your status expiration date. I have H1-B petititon approved in 10th October 2010. P.S: also my husband will join me in the US. 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. Then link the new DS160 to appointment confirmation (via travel docs). I have not spent a single day of H1B employment with my petitioning employer. Hello, Hi, And petition validity is till October 2013. Going to Canada for my H1B stamping a good option? ( There is a requirement of paystubs please check with some expert on how many ), 4. Please be sure to do the same for your dependent(s). For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Does this mean they sent the reciept that they received our request? 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. I am go to apply for H1 B extension. My H1 got approved this oct6 from California center. What are the options available for me to go for stamping for change of visa status? 2) I dont have pay slips as I never joined company A. What are all the details/documents required for scheduling the interview? My L1 is expired for company A with valid I-94. I have not done anything regarding the h1b. Heres my opinion: I dont know if you can start working if online status says approval. 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. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. 1. 2. But now I got an offer from company B. I want to join company B instead of A. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. If my employer file for extension with the start date Jan 2nd 2019. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? You can go for H-1B stamping to your nearby American consulate. 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 ? I got a situation Herr, I got my approval notice for H1B 2016. My current project is ending on Dec 28th 2018. Talk to an attorney https://askanattorney.happyschools.com/. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. 2. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). I am getting my H1-B start date as 1st Dec 2010. Hi, 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. Location change is from my employers location A to location B. The increase in enrollment is due to the removal of travel restrictions . L1/L2 extension is also being applied by company. 1. In order to apply for change of status, the applicant must still be in a valid status. I am still on my OPT that runs till next year June. Since then i am in india, and did not attend US consulate for stamping. if yes then how. I think 6 years will start when H1B status is activated. http://www.happyschools.com/ask-an-attorney/. Talk to an attorney ASAP to know your options. I am currently working with a Client A on contract for a year. Or should I choose the drop box option after I get my initial H1 stamped. However getting visa appointments in India is also hard so you just pick your poison I guess. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. Or do I need to work with employer Y at least few months? 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 The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? I am currently on L1B visa in USA. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. For some personal reason, I am quitting my job with present employer( who filed my h1b). My H1B was on RFE. Hi, Thank you. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. I have been postponing travel abroad because it is not suggested while approval is in process. You can go for H1B stamping till the date 60 days before its valid. I have already used my OPT and OPT extension. Could it harm my visa to do so? Work for Company A generate at least 2 pay stubs and then do the transfer? I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. 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. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. Sorry, I dont know the answer. I94 validity and with what Visa Type So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. A DHS memorandum dated May 16, 2000 states that an alien in . Should I go to my home country for H1-B visa stamping or it is too risky for me? Can you tell me when can they apply for H4? Hi If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. 3)if i go late for the stamping is it a problem?? Is there a way to track the status? If yes, I need to get updated project/client related documents from the employer who filled. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? I have my new passport with me. Is there any dependency of result of one amendment on the other. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Lets say if my application picked up in lottery and Ill get result in May/June. I have to go for stamping in Chennai. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. Should amendment be filed before Oct 1?? Currently on a Project After going there i would like to change my status to H1B from F2. 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. Once I check that my H1B is approved on the internet, can I start to work right away? Please correct your article. I am on F1-OPT, and my H1 gets valid from Oct. 1. 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. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Will he be able to go and attend the stamping? Our firm assists individuals and institutions across the U.S. with their immigration needs. What are our options ? Hi, Thanks for the great information. I wont have time to get my visa changed over to H1B during this trip. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. 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. If you have a pending extension petition . i read from various web sites saying generally people go to either MEXICO or CANADA. What form do I have to submit for the visa interview? Hi, A: Status changes are handled by USCIS. Currently I am working for company A and my H1b got picked up this year. or we are good to travel with updated LCA. 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. Can i still get my H1B stamped? Only when you travel. I will answer them in a video. I am in similar situation, did you get to know any way to get the COS approved Im US? I went to PAI on 11/18. Education No US Degree (Graduation and Post Graduation from Indian University) Quick question- I received the COS from L1B to H1B two days back. You may have different questions with respect to this situation. I am and just want some company in anxiety. Do I also have to inform my University of the COS? If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. I have both passports with me. But, exactly how much is that?. Can you please tell me whether we can go to stamping with this ammendment details. Your Attorney should give the list of documents. Such guidance does not carry the binding force of law or regulation. Ask it via Ask an Attorney ( through this blog ) In this she cannot travel and neither u can extend her i-94 based on ur new petition. I have an H4 visa and live in USA. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. Could I have issues at the port of entry airport because of the H1-B pending? USCIS approved my I-129 form a day before Trump announced federal hiring freeze. Issues to deliberate on My employer has filed for H1B amendment for new location. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. 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 talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). I am awaiting for documents from my employer. Yes Current Location India I have checked my status online and it says , we denied your i129 and mailed you the decision . Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). I moved to new the address now (Different State). Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. 2. The original I-797 approval notice. 2. If you do premium processing, then you can get approval in May/June. 2) when can i go for the stamping?? Looks like you have figured out the best path and as you said, theres no ideal option. 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. I believe there are some options, but all of them are not ideal. My name on H4 i94 is mentioned with first name : xxx ; last :yyy But now the requirement is not there with client Y. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. currently embassy is not operation for normal window due to COVID Else, it can take months and theres not time limit. 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. 5. 1)i have opt extension up to 2018 july is still valid or not?? I have a question about changing of visa status. But I havent taken ay next step considering the COVID situation. 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. I had not scheduled my visa interview, and I didnt join that company. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Please help me guys, I am totally confused on this. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. This is because the last action regarding the foreign nationals status governs. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. Is this a practical scenario? 2)Got an Approval Status on March, 2012 Is her H1B approved on Oct 2008 is till valid ? 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. 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. Also after receiving my I797 notice, can I go and apply for SSN? Hi Raghu, I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. My Employer from India, I have my client at Location X and Location Y. If you had approvals in the past 6 years, then you dont count in the lottery. but what will happen at the time of stamping.? I got my initial H1B Approved From OCT 2019 to Jan 2020. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active.