Please advise what should me the best approach here. I am in similar situation, did you get to know any way to get the COS approved Im US? This option is explained here for the benefit of MurthyDotCom readers. I have valid H1b petition until 2014. Appreciate any help on this to get the SSN ASAP for her to . I did not get my master's degree yet and luckly i got my OPT started lasy year. Please suggest. I m doing Msc biotechnology. Hi HSB, You need paycheck only if your started working on H1. Thanks. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Pls reply 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. To provide more details; (I have the option to chose two different places. Ive tried the CDN immigration website. You cannotify USCIS of any change of address online. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. My current employer Dell India wants to me to work for them in Austin. 1)i have opt extension up to 2018 july is still valid or not?? We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. Talk to an attorney and figure out the plans and status. My H1 is approved for the FY2017. But during H1-B stamping what should i defend, if questioned about this? Currently I am in my home country. However, there are a few things you need to know before you travel. My H1B(i797) Got approved on may 17th, 2016. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. My H1B visa has been approved with a change in status (F1 to H1B). 2. Theres no way to update a DS-160 once submitted. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. I also got a 5 motnhs gap in my OPT period. It has already been 6 months since i received my approval. Now My question is. And new passport have details of older passport in it. My Visa interview is happen on June18th and counselor has taken my passport. Please help. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? I am taking appointment for H1b Stamping and H4 visa for my wife. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. 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. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? This processing can take several weeks. Hi Raghu, I got My H1b approved and started from October 1st, 2019. I have a weird situation. While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/. Thanks. I have not spent a single day of H1B employment with my petitioning employer. Or go with the existing Ds-160 and show them the approval notice when questioned. Hi, I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. Going to Canada for my H1B stamping a good option? My visa stamping is done on May 2012 in Hyderabad . My friends are telling like she should give some 221G atleast if she needs to hold approval. So they requested a data fix to SEVP to fix my SEVIS record. Even for my wife the DOB is wroing in the I-797. You can start working only after the start date on I797 approval notice for new H1 petitions. Company B is filing H1b for me. I am searching for consultancy firms who will file my H1B visa. There is an option to have your first H1B visa stamped in Canada. Questions about affecting your status should be posted to an Attorney . You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Hi, 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. Could you please let me know all the possible options? 1)My H1-B was filed using I129 in November, 2011. (same sate). Hi, 1. Hi case created:15th June, Case updated:18th June. Thank you in advance for your kind understanding and cooperation. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Currently i am staying in Kuwait for some project work. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? 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 . Went for stamping in Hyd and the status is pending. Should I have to appear again for visa count ? Instead of checking Change of Status, they indicated that I am outside US. Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? If X is L1, you cannot and should not work on L1 beyond the H-1B start date. ( There is a requirement of paystubs please check with some expert on how many ), 4. I am sorry if my above assumptions do not fulfil your case. My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012. He just received a mail from university that his sevis is terminated and out of status now. I got my petition approved till September 2017. My H1B has been approved and I am currently in USA. Is it dangerous? Will there be any issue with that on stamping. Your H-1B photograph. P.S: also my husband will join me in the US. Thank you in advance. Change of Status(COS) or Consular Processing (CP). I am in India. will be it be better to go for visa stamping before or after october 1st 2009? L1/L2 extension is also being applied by company. 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. This means I will not be able to transfer it to a new employer. We have applied for the extension and we have got the receipt. Hello Raghu, 1. In this scenario do I need to go to home country for H1B visa stamping? 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. Please share if you get any answer so to your question. 7. What are the chances for legal action and getting the money back? Please advise so that i can plan accordingly. 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. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. can you tell me do i need to pay the complete fee or no. After 30 days, it will have to be done through an extension with USCIS. But my attorney filled the form incorrectly. 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. Is there any consequences in the case? Transfer h1. 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. 2. I have a family emergency and that made me go from 19th of september to 24th of september. My H1B status is approved . 2. In 2018 November I had to leave US and (the organization where I was working) because of a family 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. Once I check that my H1B is approved on the internet, can I start to work right away? You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. 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? 5. My attoryney applied for an amendment on June 2nd. Is the H-1 Visa STAMP required to start the process for Green Card? 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? 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. Congrats on H1B approval. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. Need to go for stamping to activate my visa. Depending on your status change. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. Did your h1b approve for stamping? I have responded to an RFE and am awaiting the final approval, hopefully. 1. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. A reciprocity fee may also be required. what exactly this security check and how many days it will take. I ll be grateful if you can guide me for this. I am in a desparate situation. is this usual? 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. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Thanks for this information. I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? 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. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. I had not scheduled my visa interview, and I didnt join that company. Check with your attorney or https://askanattorney.happyschools.com/. 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. Or, do I need to wait until I receive the hard copy of approval from USCIS? Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). After your H1B Visa is approved, you have to follow the path back from USCIS. Yes you can but you need the approval notice. H1B Approval notice sent to employer. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? Heres my opinion: Im in H1B Status now and planning to transfer to new employer. I am bit worried on this status, can you please help me to understand this status. As per USCIS website, filing is mandatory but approval is not to work in new location. Is there any info for attending visa interview in India? Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. You can consult one from our team https://askanattorney.happyschools.com/. I have got a valid H1b approved petition from my current employer. Could you tell me what happened to you case? @Fanny We don't provide legal help. My case falls under h4>h1. Refer to comments policy. Please answer this question How can i go to US now ? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. My H1 got approved in August. will it be valid to apply in 2019? 2. i read from various web sites saying generally people go to either MEXICO or CANADA. 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. Traveling While Awaiting an H-1B Extension. They are the right person to help you. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? His wife came on h4, now got h1b through lottery. My DS 160 form status too in Administrative processing, can you please help me what should I do now? Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. 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. 3. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. I am Ram. 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 Please share your case. My case is approved for H1 B cap for year 2017. Will there be chance for getting stamped if I attend the interview late? 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. After that, I changed Employer without stamping. My cousin has been thinking about getting his h1b visa in order to get the career that he wants. Thanks for the detailed reply. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. You should ask the same questions to an Immigration Attorney. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). Living within US without COS? Visit this page frequently to know the latest updates. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? Your employer will file H4 visa along with your H1B application. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. How do I make this appointment, and with whom? I am on F1 Opt working for a company. My H-1B got approved recently as my employer applied it through Bachelor's degree. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. Can Someone please help? 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. A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. Applying H1: Apr1st 2016, Which one is the better option? Hello Raghu, Hi, You can attend the interview as a family ( H1B and H4) together. Thanks. Please let me know if this is advisable and if not what are the consequences. Now in ds160 I have filled new passport details. 2. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Else when is the earliest to do that?? If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. You should review all of this information after each H-1B approval. I would need to H1B, F1 respectively. Can you tell me when can they apply for H4? 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. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. So I think I lost my visa status. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. But company x filed my petition when I was in place A and two months it moved me back to place B. Hi Raghu, https://www.happyschools.com/ask-an-attorney/. Question I have is my husband was in F1 and went ahead with divorce. Do you see an issue with this? Our firm assists individuals and institutions across the U.S. with their immigration needs. 1. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. I just got a new Job Offer, is H1 transfer now a good idea? Its taking longer than usual for H1B processing. 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. But : 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. My EAD ends July 10, 2020 and my H1B got approved June 11,2020. I never traveled to US before. Please suggest. 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. My OPT extension came in effect from 10/01/2016. 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. Hi Ram Im exactly at the same situation like yours now. Now my employer is saying that they want me to start from Jan 1 2012. We dont know what will happen to H4 EAd. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. Typical administrative delays are 2-4 weeks, but some are much longer. 2. I must have to visit India from Dec2 -Dec28. Hi Raghu, You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? In 2004, the U.S. Please let me know, Hi Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney.

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