Please let me know on this. I am currently on L1B visa in USA. I am already in the US. I feel this might be becoz of the COS as i was not there in US while applying the petition . Would it give problem to me ? 1) I had received RFE. My start date mentioned in the petition was Nov 1. And Ill be working remotely. My case status is as follows: 1. Please share some information wrt this. Current Status Visa type 1. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. DEC 2015 still waiting for final decision .. There are some exceptions to this rule. I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. 2. I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. My spouse live outside of US. Where are you getting information that you need 3 months pay stubs? 1. 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). Show them your I-94. My Petition got selected for h1b by lottery. Unfortunately the communication with the US embassy here is very complicated. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Thanks. Will the H1B come in effect from 10/01/2017 ? Hi HSB, 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. Suppose if August 2021 this is not stamped then what is the further option? My OPT extension came in effect from 10/01/2016. Check the Processing Time, usually, H1B and H4 gets approved at the same time. I had not scheduled my visa interview, and I didnt join that company. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. My employer resubmitted documents and USCIS received it within the RFE response date. If you had approvals in the past 6 years, then you dont count in the lottery. 7. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. Traveling While Awaiting an H-1B Extension. So what shall we do ? It has already been 6 months since i received my approval. Ive tried the CDN immigration website. Congrats on H1B approval. If Your H-1B Petition Has Been Approved as a Change of Status: My spouse current status is H4 EAD. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. Now, my current employer is asking me to leave the country as my petition was denied. Can I have my first H1B visa stamped in Canada? When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. I've received all H1B related documents from my employer. But due to unavoidable situation ,I need to travel to india. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. I think you have to wait for the notice to reach your employer. Raghu , Travelling outside US when H1 B is under process is that a problem? Thanks Raghu. You can transfer your H1 to new employer and they have to send the required documents. 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. All the numbers I try online dont help. I did not have petition copy with only i have WAC no. Later, you may jump ahead to certain sections. Living within US without COS? You cancheck visa-waiting times here, and you cancheck consular procedures here. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). My friend is going to graduate with MS in the 1st week of may 2013 (next month). You are right. Change of Status(COS) or Consular Processing (CP). My employer applied my H1B on 4-4-2010. it is still in pending.my question is. Does it help for any cap exempt? I need to go outside US for visa stamping in order to start working and return back with COS. 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 ? Waited for i-129 approval but dont want to waste the chance of F1 visa. Even for my wife the DOB is wroing in the I-797. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? 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? I would list where you are working right now as current employment. Could you please tell me how many days it will take for replacement copy of Approval notice. Close All Open All Cap-Gap Extensions Eligibility for an Extension (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. or will it be a new h1b and i will be placed in lottery? 1. For information and tips on filling outForm DS-160, please see this website. What is Premium Processing? 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. You need paycheck only if your started working on H1. On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. 2. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. I just got my H1B approved. I am a little confused as to when to have my visa stamped. towards the end of 6th year. It will be bumpy ride. Is there any consequences in the case? 1)Do you think my visa can get transferred to company B?? 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, seek legal counsel in this case. 2. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. Same steps as applying for new Visa. I am on F1 Opt working for a company. My questions are We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. P.S: also my husband will join me in the US. Yes. 1. How much time will it take? 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. Am i excluded from quoata process if i want to process /transfer H1 with new consultant? 3. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. 1. because i can extend my visa when i am US only. My H1B visa is showing approved now. Prior to this my OPT ended on 09/26/2016. A copy of your visa stamping appointment letter. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. Should I Marry an American Citizen to Stay in USA? My OPT is valid until October 12th. Hi, Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. I have a planned trip to India on 27th October 2016 for around a month. I have one more offer from company C, My question is For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. Updating the address in USCIS website is sufficient or anything else is required? 2. Still my application is not approved. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. 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. I am very new to this blog. you have to provide EAC NO SOME IS VERY HELP FULL. Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. 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. Please suggest I am in huge confusion and tension. I wasnt planning to go to India for H-1 stamping this year. I have got a valid H1b approved petition from my current employer. 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. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status Please do not make plans to travel outside of the U.S. without contacting our office first. Not its not valid. In 2018 November I had to leave US and (the organization where I was working) because of a family You will be fine. Once you are in US ask the new employer to file for COS with I94, 2. Please let me know what should be done to correct my DOB??? Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. So, will my last year case have any impact on this year, as I didnt go last year. 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. #2 Change of Status DENIED My H1B lottery is picked up this year. Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. Dont have an ETA. My H1 got approved in August. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Am I correct? This is because the last action regarding the foreign nationals status governs. Please let me know if this is advisable and if not what are the consequences. I was working on h1b visa in usa from 1-2 years for same client. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. If so, how long does it take to receive the hard copy of approval after the decision is made? How do keep it active? This is not the suspension of H1B Visa program. 3. As there are not much requirement during November and December month. *You do not need to present your original I-797 approval notice at your visa interview. A DHS memorandum dated May 16, 2000 states that an alien in . The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. Will the company C file new H1B (on what basis) . 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. Do we need to visit counsellte again for stamping? This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Id have a question. Currently I am working for company A and my H1b got picked up this year. 8. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. what exactly this security check and how many days it will take. Is there a way to track the status? You may have different questions with respect to this situation. I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? 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. After going there i would like to change my status to H1B from F2. You can do premium for faster approval. I have been postponing travel abroad because it is not suggested while approval is in process. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. 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 got my H1 approved and it starts from Oct 1 2009. My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. H1B Visa petition can be approved with Change or Status or Without Change of Status. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. 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 question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Hi, Dont try to save on FICA taxes . I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. kindly help me please. Only when you travel. You can confirm the same question via Ask an attorney. My H1B visa has been approved with a change in status (F1 to H1B). 4. Please advise. F (413) 584-5411 within 2 weeks. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. USCIS now provides a copy of the I-129 petition directly to US consulates. to transfer you need the approval and EAC #. Only French Consulate can answer this question. I94 is generally used for your entry and exit in US. My questions are: HI, Thanks -Padraig. Second, submit a change of status application. So, I think you cant go back. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. I know there is recession there in US, but in my case the reasons for not being able to land there are different. I was on F1 and recently changed from F1 to HIB. currently embassy is not operation for normal window due to COVID I am looking to file H1 visa. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. Hi Raghu, It is our pleasure to assist you in this matter. I travelled India when he was on H1 status and I do have visa stamping till March 2019. What should be the next steps for me ? Appreciate any help on this to get the SSN ASAP for her to . Nationality- Indian You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. ( OR) Anyone know what is the procedure what we need to follow once we receive acknowledgement? Were you able to find out whether we can apply for COS or how did you go forward? F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. 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. 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). hi Raghu I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. #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. 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. Here I got some confusions.. 1. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. If you have the approval notice for H1B, then can apply for H4 now. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. Can you please help me with this? I ll be grateful if you can guide me for this. 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. H-1B and O-1 Travel. And, Does 3 year duration starts from stamping date, or it is from Oct2019? My EAD ends July 10, 2020 and my H1B got approved June 11,2020. Any necessary supplementary documentation that may be necessary. If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. This may help a consular office understand that your work does not have potential application for national security or terrorism. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. Should I go to my home country for H1-B visa stamping or it is too risky for me? URGENT! My company applied for the H1B but are now saying that there are no projects. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. My L1 is expired for company A with valid I-94. 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? 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. Is there a problem if I travel to India in November? If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. 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 ..??? Is there any company who can do H1 B visa can just reply me. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. Your employers attorney should have given you these details. Can you please tell me whether we can go to stamping with this ammendment details. you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. So can we file one more amendment without any issue when the previous petition is still in progress? I have checked my status online and it says , we denied your i129 and mailed you the decision . What all documents are required for the stamping? My applied for H1B through my current employer. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved.
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