Checking the feasibility of changing employer How to Apply for H1B from H4 Visa Status. Your employer will provide you the I9 form to fill for them and it's only after your joining! I have already used my OPT and OPT extension. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. Sharad. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. hi Raghu Why not get H1B stamping and enter US? Thanks for the detailed reply. I have two options below. I got my H1 approved and it starts from Oct 1 2009. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. You should try to transfer before they withdraw. During this period, prospective petitioners and representatives can complete and submit . In the meantime, my spouse got a Full Time offer with Company B. It happens and theres nothing you can do but wait. My L1 is valid until Jul 2012 and H1B until Nov 2012. Currently I am on F-1 Student Visa. This may help a consular office understand that your work does not have potential application for national security or terrorism. My H1 is approved as consular processing for FY2017. Questions affecting your status should be answered by an attorney. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. So he could start working again at least until April 2020. 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. 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. My Petition got selected for h1b by lottery. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. Hi Raghu, I have a question regarding H1B visa appointment. Please contact our office if you would like to initiate a permanent residence application. I am in US on F1 visa now. L1/L2 extension is also being applied by company. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. Please let me know if this is advisable and if not what are the consequences. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) Could you please tell me how many days it will take for replacement copy of Approval notice. I went to PAI on 11/18. Should amendment be filed before Oct 1?? The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. 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. ( was on H4 earlier). 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. Do I have to apply for OPT extension? I have received the approval notice which is valid till June 2020. I had my H-1B petition approved from last year, but my employer is asking me to wait since the job situation is not good in the U.S. What should I do. Prior to this my OPT ended on 09/26/2016. How long does it take to recived the hard copys to my petitioner? You can confirm the same question via Ask an attorney. I think 6 years will start when H1B status is activated. What should i do. But now I got an offer from company B. I want to join company B instead of A. It got approved on 12/06/2016. It has already been 6 months since i received my approval. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. I got my H1B COS from F1. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Hi, and stamping. After visa is approved, you should get the passport within 3 to 4 days. Is it possible to transfer it to my new employer. 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. I found your video really helpful to understand the process. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? 2. All Rights Reserved. 2. How do I make this appointment, and with whom? I currently live in the US. can i take got visa stamping with that case ? There are two steps involved in changing visa status from H-1B to F-1. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. I have valid H1b petition until 2014. I dont know if the start date will be Oct 1 or day when they approve the petition (after Oct) and it doesnt really matter. Yes also one of my friend lost his 221G how can we get the copy of 221G? I want to share my question to you hope I will get the answer. My H1B has been approved and I am currently in USA. For how much time can I be on this visa without stamping? reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know 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. I have my H1B visa approved. A copy of you VAC-stamped DS-160 confirmation page. Still my application is not approved. 1)i have opt extension up to 2018 july is still valid or not?? File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). Hello, Iffurther information is needed you will be contacted. So can we file one more amendment without any issue when the previous petition is still in progress? 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 kindly help me please. Hi Arun, So its a negative in my case and ill be counted in cap? I would need to H1B, F1 respectively. 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. It seems in either of the two cases I have to attend the visa interview in the home country. Im in the very same situation as you were in. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . reagards What documents should i carry in both situations(processing time and after acceptance of H1B). Education No US Degree (Graduation and Post Graduation from Indian University) But the location where i want to go for work is different state than the petition filed for a different state. 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. 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 ?. 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 ? I got a new project with a start date Jan 2nd 2019. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? Can you please help me with this? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. Currently on a Project Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. However, the USCIS has generally applied the analysis contained in the letter since 2004. 3. Congrats on H1B approval. Current Location India 3. 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? It is really helpful for the candidates like me! thank you. At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. 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. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. E2 EAD maybe better then H4 EAD. 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. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. 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. I am in india right now. RFE is answered and I am waiting for the reply. Can i apply for the H1 B visa NOW?? I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. Please let me know what would be scenario. or It was just a coincidence and my petition was approved on the same day using normal processing ? I agree with your attorney. Is this possible? 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. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. You can also request a "Travel Letter" from our office. I came to india and got H1B stamp in my Passport valid until September 2012. Could you please provide the procedure in this case. 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 Thanks. After that, I changed Employer without stamping. can i re-enter USA on my F1 visa without any issues in port of entry?. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. You have to understand the concept of H1B Visa and Change of Status. Dose the h4 extension approval usually takes this long after the h1b is approved ? I am also in same situation. 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 :(. I got my stamping done in Jan 2019. Hi, Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. Did your h1b approve for stamping? My H1B got approved this year but unfortunately my employer let me go. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. How long can it be allowed/valid to be stamped? Is the embassy open and is the next step to fill DS160? If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. 15 calendar days to get the decision. Close All Open All Cap-Gap Extensions Eligibility for an Extension I wanted to visit home before I start my job. This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. Thank you. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? Yes. Approval notice for premium processing is normally sent by email to the Attorney (or the Employer) who filed the petition. That office now has jurisdiction over your case. Hi, 2. I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? I am in a desparate situation. currently iam in USA Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. If H1 done vs CP, then you will stop working when you enter the US on H4. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. 5. 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. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me Can it be fixed before that date ? Could you kindly please provide me some guidance on below question? 3) However I left my employer who had filed my petition in February 2012 to join a new company The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. Can I go for stamping here in US consulate rather than going for stamping in India? I94 validity and with what Visa Type I just got my H1B approved. 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 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. Thanks. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? Your emoloyers attorney should answer this question. 3. I had not scheduled my visa interview, and I didnt join that company. Till what period my attorney/employer would receive the i797 approval Mail notice. or can I go to any country to get H1-B stamping ? I have got my h1 approved october 20th. Start with your employer, employers attorney, if no you can ask via email. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). please let me know how many days before the expiry date i have to reach US. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. I cant work without SSN and I cant get SSN with this issue?? You can do the math from there. My change of status wasn't approved, so I will have to leave and get my visa. After coming to US i changed my status to F1 in June 2011. 7. My H1B visa has been approved with a change in status (F1 to H1B). 2. I wasnt planning to go to India for H-1 stamping this year. Our company doesnt support E-2 Visas anymore. H1B Approval notice sent to employer. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. 3)if i go late for the stamping is it a problem?? Most visa applicants must appear at a consulate for personal interviews. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. I have sent them my approval notice also. Hi Rushi, Thank you. My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: My visa stamping is done on May 2012 in Hyderabad . Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Your H-1B status is valid until the end validity date of your most recently issued I-94. Can i be denied my h1b visa stamping because currently i am not teaching? MY H1B employer is OK to work with Dell in Austin. He would really like to get some help from a professional to make sure that all the documents are correct. 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. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected.