If I have an approved H1B with COS as of Oct 1 2020, and I will travel to India in 2021 do I need to do all the same steps as a new visa for stamping at a consulate? 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. Or my H1B has to be stamped in my passport to be eligible for employer change? You are on H1 and you should get paid! How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. Questions affecting your status should be answered by an attorney. Hello, Even when I work in consultant, is there any process that should be completed before I travel from India. So in that case i need to attend visa interview again to make my travel. or is that an approval notice? But my attorney filled the form incorrectly. (Regular processing). If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. The H1B petition is approved on July 1st. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. You should ask the same questions to an Immigration Attorney. Employment duration with present employer 6 months. Theres no wait time. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Close All Open All Cap-Gap Extensions Eligibility for an Extension If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. Once I check that my H1B is approved on the internet, can I start to work right away? Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy I would need to H1B, F1 respectively. I am in similar situation, did you get to know any way to get the COS approved Im US? interesting how to apply for dutch passport ? in the US, Im in the same location and same client. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Will my visa become invalid or will it still be valid after few months? DEC 2015 still waiting for final decision .. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). Could it harm my visa to do so? I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. I think you have to wait for the notice to reach your employer. Right now, I am on Post completion OPT and it ends on Feb 2021. I got married after 10 days of my H1 stamping. Hi Rushi, It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. You have 3 options. Ive tried the CDN immigration website. Shilpi- did you get an answer to your query? Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. My H1B has been applied from an MNC and it got approved. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Always consult an immigration attorney to get your questions clarified. I am searching for consultancy firms who will file my H1B visa. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. So I think I lost my visa status. My questions are We are currently stating in US. I still did not receive my Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? Do I need to get a date from consulate to get H1B Stamping in India? But my client job can be terminated before visiting India by Oct10,2016. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Could you please tell me the process how you got the H1B.I am also looking for one. 1) I had received RFE. I got my H1B approved in Dec 2018 from a non-profit Organization. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. 2. I am in a similar situation. What are our options ? My case falls under h4>h1. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. The I-94 reflecting the change of status is attached to the approval notice. I have my visa stamped this September and I want to travel in the month of March. They would have to file COS from H4 to H1 ( and they can do in Premium). Its very helpful. Are some people still awaiting their h1b visa approval? Talk to an attorney ASAP to know your options. even if my h1b is for a non-profit institution ? It got approved on 12/06/2016. is there any way i can contact USCIS and get to know more about this ? all the same forms, and interview etc? For information and tips on filling outForm DS-160, please see this website. Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. Please post your question in Q&A section. Second, submit a change of status application. Hello raghu, thanks for sharing the information. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. can you tell me do i need to pay the complete fee or no. i have new employer and will file h1b cap counted next week. Total stay in US My passport was stolen on 05/28/2017 in Los Angeles. My current employer Dell India wants to me to work for them in Austin. Please let me know what would be scenario. Hi Ram Im exactly at the same situation like yours now. If you have the approval notice for H1B, then can apply for H4 now. The 2004 Hernandez letter remains helpful and relevant even after many years. Will I have to go for stamping to stay in the country? USCIS publishes these figures on a weekly basis. You can consult one from our team https://askanattorney.happyschools.com/. (or) Am I suppose to have October pay-stub i..e on H1 status. 3)if i go late for the stamping is it a problem?? 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. 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. I dont know if you can start working if online status says approval. Whether my H1B will be denied etc? Can I transfer my H1B without working with employer Y before October. You cannotify USCIS of any change of address online. My L1 is expired for company A with valid I-94. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? 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. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. 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. I have to go for stamping in Chennai. I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. Visa Validity But I have applied from third party employer and now due to pandemic situation getting new project is difficult. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? And now his petition is getting expired in july 2011. My Visa interview is happen on June18th and counselor has taken my passport. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. ** Note that the name on your passport must match the name on your I-797 approval notice. 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. You can attend the interview as a family ( H1B and H4) together. What are all the details/documents required for scheduling the interview? They are the right person to help you. Your Still the status show it is under review, I am not sure what is the processing time in general. They may refile or do a MTR. I was working on h1b visa in usa from 1-2 years for same client. But the location where i want to go for work is different state than the petition filed for a different state. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. But now the requirement is not there with client Y. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. Hi Raghu, Some people are waiting in India without having an opportunity to travel with H1 approval. In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? I have a planned trip to India on 27th October 2016 for around a month. Please follow any instructions on the notice. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. If I go for stamping in India for H4b will I have any problem ? I have got my h1 approved october 20th. You can alter the auto-generated information to tailor it for your dependents. I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments I went to PAI on 11/18. As I was with F1 status and it will finish from Sept, during one month I dont have no status. If yes what is the procedure? My company applied for the H1B but are now saying that there are no projects. Im in H1B Status now and planning to transfer to new employer. My H1 b petition is approved 2008 June , I didnt went for stamping . 1. Please suggest. And Ill be working remotely. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. The original I-797 approval notice. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). if so, what should I do for a month? My Lawyer already applied for the amendment, but we didn't get any confirmation from them. I am currently living in USA and working as a full-time employee with the same employer for 2years. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? kindly help me please. It can take four to six weeks or longer for visa appointments. I am getting my H1-B start date as 1st Dec 2010. Will there be any issue with that on stamping. But, you would need a valid US visa (other than H1B) to re-enter the USA. 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? L1 to H1 with CP. 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. 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. Travel, whether for personal or professional reasons, can be an exciting . I have couple of questions? First, you must be present in the U.S. at the time your employer files your extension petition. 08 Aug 2022 In 2004, the U.S. as supporting documents, if asked. 1. Do I need to leave the country ? I travelled India when he was on H1 status and I do have visa stamping till March 2019. I was planning to come back to US on L1 and then switch to H1B after coming back. 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.
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