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The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. You can also post it via As an Attorney here. My attorney told you can get stamped anytime before your STEM OPT expires my question is. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Yes. I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. 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. Do I need to leave the country ? You can transfer your H1 to new employer and they have to send the required documents. I have a family emergency and that made me go from 19th of september to 24th of september. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. Could I have issues at the port of entry airport because of the H1-B pending? I am on OPT right now till June 2011. COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog I have a question. 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. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? If you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. You will be fine. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. They would have to file COS from H4 to H1 ( and they can do in Premium). On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. My H1B visa has been approved and I am waiting for my Stamping. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. Here I got some confusions.. 1. Thank you in advance . Steps after H1B Petition Approval - Visa Stamping, COS - RedBus2US Once I check that my H1B is approved on the internet, can I start to work right away? 2. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. I have responded to an RFE and am awaiting the final approval, hopefully. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Thanks. 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. What is the grace period to file the COS now? What are all the details/documents required for scheduling the interview? I would wait for the approval notice. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. Please contact our office before making travel plans. 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. Hi, my OPT extension is valid until June 2018. 1)Do you think my visa can get transferred to company B?? 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. OPT To H1B In 4 Easy Steps - VisaPro Also after receiving my I797 notice, can I go and apply for SSN? My H1B was on RFE. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. H1B Transfer & Change of Employer - Full Guide (2023) First Do i have any problem in visa stamping? Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? If i find a new employer will I still be cap exempt? 2) when can i go for the stamping?? My husband employer filled for my extension. H1B will have a start date, so you can enter upto 10 days before the start date. No. My friend is going to graduate with MS in the 1st week of may 2013 (next month). I have a question about changing of visa status. I have travel plans and booked VISA Interview on December 16th. My H1 transfer is approved by employer B (new employer) and I received an approval notice. There many waiting to attend interview who got H1B approved last year. Your attorney can ask for replacement copy of Approval Notice. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Thanks. 2. http://www.happyschools.com/ask-an-attorney/. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Copy of your old H1B approval notice and offer letter, pay stubs, etc. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. My Visa interview is happen on June18th and counselor has taken my passport. Living within US without COS? Question I have is my husband was in F1 and went ahead with divorce. Can I travel to home country and return without getting my H1b stamp? 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? I currently live in the US. You can do the math from there. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? Actually I have my H1B ammendment filed for relocation and it is in progress. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. 2. Id have a question. No you cant. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. While your H1B change of status is pending, you are free to travel outside of the United States. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Kindly reply. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. Anyone know what is the procedure what we need to follow once we receive acknowledgement? If I go for stamping in India for H4b will I have any problem ? Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). 1) You need to enter petition no in ur wifes DS160 . Do you see an issue with this? as supporting documents, if asked. I think you have to wait for the notice to reach your employer. Before the start date of the job or after a while the job was started? Thank you. I applied for a new passport in the Indian embassy in the US and have reported the lost passport to the US consulate in India. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do 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 got my first H1B approve in Oct 2009. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. Hi, My petition got approved. After that, I changed Employer without stamping. I cant work without SSN and I cant get SSN with this issue?? Going to Canada for my H1B stamping a good option? I94 is generally used for your entry and exit in US. 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). but what will happen at the time of stamping.? Your H-1B status is valid until the end validity date of your most recently issued I-94. You can start from here https://askanattorney.happyschools.com/ 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. Hi Raghu, 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. Opt Expiration date : December, 2012 I had filled H1B first time and was approved in Ocotber 2016. I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. So they requested a data fix to SEVP to fix my SEVIS record. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . What all documents are required for the stamping? H-1B Travel - National Institutes of Health Thanks for the great information. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. How long can it be allowed/valid to be stamped? Ive tried the CDN immigration website. I d like to know How long is the approved petition valid for and when last can travel to US ? you have to provide EAC NO SOME IS VERY HELP FULL. Is that ok to start working in regard with my status? The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. 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. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. But, it is maybe good to get it clarified with an attorney. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? The intervening admission to the U.S. does not override this later effective date. I am bit worried on this status, can you please help me to understand this status. What are the options available for me to go for stamping for change of visa status? check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. Im not sure how USCIS treats the approved petition. Heres a list of documents required for H1B Stamping. when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. 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. Why are you asking questions impacting your status on forums? Please let me know. You cannotify USCIS of any change of address online. I got my H1B COS from F1. H-1B and O-1 Travel. Very recent my h1 petition got approved for one year. Can some one help me to find what is the ideal solution? Travel in H-1B Status - Johns Hopkins University Please advise so that i can plan accordingly. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Need to go for stamping to activate my visa. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. can i re-enter USA on my F1 visa without any issues in port of entry?. Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. 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. Unfortunately, there is no empty pages left on my passport. Could you please tell me how many days it will take for replacement copy of Approval notice. Shilpi- did you get an answer to your query? But, theres no status for mailing the notice. Is there any dependency of result of one amendment on the other. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. But i have not received hard copy of documents. https://askanattorney.happyschools.com/, Hi , If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? You can attend the interview as a family ( H1B and H4) together. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Documents related to your H-1B petition. Should I go to my home country for H1-B visa stamping or it is too risky for me? Hi, 2. I want to share my question to you hope I will get the answer. DEC 2015 still waiting for final decision .. Hi Raghu, I have one more offer from company C, My question is Visa stamping has been expired now. 1. can I travel and come back without any problem? Also, i have a b1 from the present company. I have checked my status online and it says , we denied your i129 and mailed you the decision . I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. My petition is approved for the year 2015. You have to understand the concept of H1B Visa and Change of Status. 3. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? 4)Can the new company utilize my approved petition? By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. Or, are there still any possibilities to be rejected? Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: Do I need to go back to india for stamping or can I continue with h1b? (The LCA received is having the old address). 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 joined them in 2018 when I was on F1 . 3. what happens if i leave US before october and couldn come on time. But i am planning to change it to H1B. My case got recently approved. Questions about affecting your status should be posted to an Attorney . I'm currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home? Also, I am planning to apply for h1b for next year. Hi now I am on opt ead and my husband is on f2 status. Currently I am getting interview date of March 5th. 1. Hello Raghu, My Green Card process may start early next year. I am currently in Singapore. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Same steps as applying for new Visa. What is the maximum duration I can wait before going for stamping. Can I travel outside US now ? Raghu , 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 I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. 15 calendar days to get the decision. Please suggest I am in huge confusion and tension. meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. Is there any special rule for this type of scenario? Dhara F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. Looking forwardat your best advice. 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. This is because the last action regarding the foreign nationals status governs. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Depending on your status change. 1)i have opt extension up to 2018 july is still valid or not?? Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. My friend wanted to take the legal action he is having all the proof when the money transfers etc. But, exactly how much is that?. Currently on a Project Waited for i-129 approval but dont want to waste the chance of F1 visa. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. First, you must be present in the U.S. at the time your employer files your extension petition. What happens to my H1 b status? A reciprocity fee may also be required. I am on the place as you are. case created:15th June, Case updated:18th June. 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. Can I go for H1b visa stamping this year with the petition approved documents? I was planning to come back to US on L1 and then switch to H1B after coming back. Your emoloyers attorney should answer this question. 1. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. F1 Visa Expired in July, 2012 My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . My H1B(i797) Got approved on may 17th, 2016. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. My H1 got approved in August. 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. https://www.happyschools.com/ask-an-attorney/. I am a Canadian who has been working in the US with TN visas in the past. She came to US in H4 Visa in 2009. My H1B status is approved . I might have to go to India in December. 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. Can you please help me with this? I got my H1B application approved and also done with the stamping on may 2012 . Please share your case. In this scenario do I need to go to home country for H1B visa stamping? Thelist of member countries is here. Can i travel India during the H1B processing time.? Please do not make plans to travel outside of the U.S. without contacting our office first. Nationality- Indian Should I cancel my H1B ? 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? You need an H1B stamp to enter as H1B status. 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. Till when can I continue my job on L2-EAD? Whether my H1B will be denied etc? Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. 1. I am sorry if my above assumptions do not fulfil your case. The approval notice shows same i94 number as h4 when she entered the US. Sumit, if you want faster processing, then convert to Premium. Currently I am on F-1 Student Visa. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. They are the right person to help you. Can I get to continue to work with my current visa status (L1, L2 or OPT)?