travel after h1b change of status approved travel after h1b change of status approved

You can apply for your visa stamp in a Third Country such as Canada, or you can apply in your home country the next time you go home. Hi Raghu, But the office location is different and the new address of residence is different state. I am a Canadian who has been working in the US with TN visas in the past. 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. Your attorney can ask for replacement copy of Approval Notice. i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. http://www.happyschools.com/ask-an-attorney/. 2. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . are there any issues? So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). If you had approvals in the past 6 years, then you dont count in the lottery. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. Current Status H1B Approved If your application for H1B transfer is approved, you can continue with your job. 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. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. I need to travel to India by this month end. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. Check with your attorney or https://askanattorney.happyschools.com/. 6. Thanks in advance! The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Let's look at how it works and why USCIS will abandon your COS application. Will this be ok? Could you please provide the procedure in this case. 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 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. Second, submit a change of status application. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? If would get the degree. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Im on F1 Visa Status currently working in USA on STEM OPT. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. 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. Hi Raghu, I must have to visit India from Dec2 -Dec28. 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? If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. I was on F1 and recently changed from F1 to HIB. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india? My DS 160 form status too in Administrative processing, can you please help me what should I do now? My parents are coming to US for a visit. Thank you for the answers, Rao and Raghuram! Yes. My H1B premium process petition denied last month, now what could be the next step? I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. I have responded to an RFE and am awaiting the final approval, hopefully. 3. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Or should I do the same my employer has asked me to do. Another option is to renew my passport and submit application that way. Hi, 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. Please suggest. 1) You need to enter petition no in ur wifes DS160 . If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? It will say Post-Decision Activity. Lets say if my application picked up in lottery and Ill get result in May/June. list of documents required for H1B Stamping. 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 ? If you could pls help answer my below question : Yes, you can use the 1 year validity passport to go for visa. Sharad. 1. I was trying to go for masters at the same time so I took both chances parallel . While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. You need paycheck only if your started working on H1. My employer has filed for H1B amendment for new location. This option is explained here for the benefit of MurthyDotCom readers. Visa Validity hi Raghu Hi, 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. 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. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. ** Note that the name on your passport must match the name on your I-797 approval notice. Pls reply Hi Raghu My case is similar to Abhisheks case. If i go what will be the problem to my H1B? The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. I am sorry if my above assumptions do not fulfil your case. 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. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). Your employer will provide you the I9 form to fill for them and it's only after your joining! if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? 1. Case details: Congrats on H1B approval. It seems in either of the two cases I have to attend the visa interview in the home country. Accurate I-94 records control your lawful status: they are very important. Im in H1B Status now and planning to transfer to new employer. I have an H4 visa and live in USA. Please advise. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. It will be bumpy ride. My name on H4 i94 is mentioned with first name : xxx ; last :yyy Is there any other way to expedite the process or get information from USCIS. Actually I have my H1B ammendment filed for relocation and it is in progress. You have 3 options. Thanks. 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. Its taking longer than usual for H1B processing. Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. I want to share my question to you hope I will get the answer. I could say that you can get it stamped from another country ( as other have done in the past). OR My H1B(i797) Got approved on may 17th, 2016. Can my employer file for an extension considering that I havent entered the USA with the initial/current petition and do we have to file for an extension before current one expires considering that I havent entered the USA? The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. He just received a mail from university that his sevis is terminated and out of status now. Till when can I continue my job on L2-EAD? Yes Sorry, They gave Master service agreement and PO copy between them and client. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. Is there any info for attending visa interview in India? Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. So can I continue working on my L1B visa till will get new project from this third party consultancy ? You will be required to upload a digital photograph. Is there any special rule for this type of scenario? You should consult your employers attorney . I have my H1B visa approved. Ask the consulate. Ask your employers attorney You should review all of this information after each H-1B approval. I just want to know what all documents I have to collect from my employer. My case got recently approved. Hire Us. Thanks. 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/. 2. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. As there are not much requirement during November and December month. Hi !! Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. Hello You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. 2> If I join a different employer after 6 months. You are right. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. Hi, I have been with this employer before my change of status. Got the recpiept on amendment but havent heard anything from USCIS. For ex. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. RFE is answered and I am waiting for the reply. Ive tried the CDN immigration website. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. Im in the very same situation as you were in. What are all the details/documents required for scheduling the interview? 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. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. To provide more details; (I have the option to chose two different places. 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. how soon and in what way I can travel to the USA ASAP. Please can you share pros and cons for both the options or are they correct options to chose. 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. My H1B status is approved . my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Nationality When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. I have got a valid H1b approved petition from my current employer. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. I am in the middle of finishing my last semester of school. Please advise. even if my h1b is for a non-profit institution ? You have to get the documents first. Question: What happens after your H1B Visa is approved? But during H1-B stamping what should i defend, if questioned about this? The H1B petition is approved on July 1st. 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. How to Apply for H1B from H4 Visa Status. Please help. kindly help me please. within 2 weeks. I have both passports with me. I dont know the answer. So what shall we do ? I did not get my master's degree yet and luckly i got my OPT started lasy year. Heres my opinion: You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. I just wanted to know the risks in traveling to India now. If my employer file for extension with the start date Jan 2nd 2019. 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 ? My change of employer petition was approved recently while still being in US. 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, I just got a new Job Offer, is H1 transfer now a good idea? H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? Thanks!! 3. 3. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS For information and tips on filling outForm DS-160, please see this website. 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 ?. Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. Will the company C file new H1B (on what basis) . Check with your attorney for suggestions and answers. No I9 and I94 are different. My friend wanted to take the legal action he is having all the proof when the money transfers etc. Can I travel to home country and return without getting my H1b stamp? 1. I am on the place as you are. Any problems with it? 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? I have received i797c notice of approval. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. My husband employer filled for my extension. 2)Got an Approval Status on March, 2012 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. Before the start date of the job or after a while the job was started? I have a weird situation. I have a question, please guide if you can. Is there a final date where I would need to take on my H1B visa? 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. 2. Will that be enough to show employer and employee relationship or still end client letter is required ? Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). currently embassy is not operation for normal window due to COVID Thanks. Please share some information wrt this. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. Its would take less than 30 minutes to get a new DS160. Second How tough to get H4 Visa? My OPT is valid until October 12th. Updating the address in USCIS website is sufficient or anything else is required? You will fill DS-160 as if you are going to attend an interview with Company A. 2. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. I am Ram. Without any paystamps with employer Y. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Is that petition is valid now ? I am still on my OPT that runs till next year June. I have only LCA ETA form 9035 & 9035E. Some people are waiting in India without having an opportunity to travel with H1 approval. Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. After visa is approved, you should get the passport within 3 to 4 days. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. You should have the approval notice (I-797) form. It can take four to six weeks or longer for visa appointments. But, do you want to wait around to get into H1B under this current scenario? Still my application is not approved. 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. https://www.happyschools.com/ask-an-attorney/. Depending on your status change. Yes you can but you need the approval notice. Current Location India And Ill be working remotely. Is client letter mandatory while attending H1B visa stamping. If it was a coincidence then my petition was approved using normal processing and I should get my money back. My H1 b petition is approved 2008 June , I didnt went for stamping . Consult and attorney. Did you get the answer of yr question? If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? Till what period my attorney/employer would receive the i797 approval Mail notice. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? My H1B visa has been approved with a change in status (F1 to H1B). Yes. I never traveled to US before. Im not sure how USCIS treats the approved petition. Not its not valid. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. Is it ok to wait for more than 3 momths after my H1 approval? 4. document posted to employer and I am a resident of UAE and Indian Citizen, Should We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. Your article mentions that we can reenter the US only after October 1st. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. I have applied for SSN in near by office. Case 2: Are some people still awaiting their h1b visa approval? Questions affecting your status should be answered by an attorney. USCIS publishes these figures on a weekly basis. 4)Can the new company utilize my approved petition? I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). Unfortunately the communication with the US embassy here is very complicated. Hi, 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. 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. All the numbers I try online dont help. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. 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 went to PAI on 11/18. But now I got an offer from company B. I want to join company B instead of A. Total stay in US I am on h4 dependent on my husband h1b. However, i have also pursued a masters degree in Environmental science with which i am working right now.