travel after h1b change of status approved

My L1 is valid until Jul 2012 and H1B until Nov 2012. 3. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Please advise. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. My OPT expiry date: 03 Jan 2017, Visa processing times and questions can be stressful at times, thank you for replying to the queries. What are the time lines for this modification?? I got my H1B application approved and also done with the stamping on may 2012 . ( There is a requirement of paystubs please check with some expert on how many ), 4. Hi, Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. Thanks in advance! 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 There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. I currently live in the US. So how long does it take to have visa interview (in genaral). 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. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. However, each U.S. consulate will have varying rules. Please post your question in Q&A section. The H1B petition is approved on July 1st. Can I travel to India in March ? However I have a bit tricky situation. Hi Rushi, My start date was March 5th. While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. I m doing Msc biotechnology. 2> If I join a different employer after 6 months. 3. Can you please help me in understanding what should I do? You are right. 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. I want some time ( may be 1 week atleast ) to resign from present employer. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. Second, submit a change of status application. After approval of my petition, how long can i wait for change of status or getting stamped ? Should he apply separately for an H4 or should we do it together? 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. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. I had not scheduled my visa interview, and I didnt join that company. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. or Am i eligible for CAP-GAP automatically? On April,15 a Company A filled my H1 work visa. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. currently iam in USA They would have to file COS from H4 to H1 ( and they can do in Premium). Go for stamping and did you ask your employers attorney? i got my first H1B approve in Oct 2009. Or, do I need to wait until I receive the hard copy of approval from USCIS? 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. You have 3 options. 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. Yes you can but you need the approval notice. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? Is this possible? Im in the very same situation as you were in. 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. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. 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. 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. I wasnt planning to go to India for H-1 stamping this year. Sorry. Now, I am wondering if I am unable to get the above position. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. I am in USA on H4 visa. I have received i797c notice of approval. Please share some information wrt this. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? I have one more offer from company C, My question is You have to understand the concept of H1B Visa and Change of Status. 2. What is Premium Processing? Please help. 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. 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). Hi, Is there any dependency of result of one amendment on the other. Ideally how much time it takes for the approval notice to reach at our end? Will the H1B come in effect from 10/01/2017 ? My situations is, My husband and I are on L1 & L2 respectively and his name was picked in H1B this year so his employer is processing his visa change. I got my H1 approved and it starts from Oct 1 2009. My attorney recommended that I should not travel to India until next summer. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? You are on H1 and you should get paid! 1. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. What is the consequences of never stamping or late stamping ? 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? I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Also, I am planning to apply for h1b for next year. I have checked my status online and it says , we denied your i129 and mailed you the decision . My friend has a situation where any of your suggestion would do a great help. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. 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. Myself Bhanu. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Once you are in US ask the new employer to file for COS with I94, 2. Could you kindly please provide me some guidance on below question? Is this a right thing to do ? My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. Even for my wife the DOB is wroing in the I-797. This may help a consular office understand that your work does not have potential application for national security or terrorism. Refer to comments policy. How far is this info correct? My H1B lottery is picked up this year. I just got this notice, but does it mean I got approved to technically be H1B status? But before interview i will get my new H1B extension petition. What form do I have to submit for the visa interview? Hi Raghu, Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. I know so many who got benefits from the second degree (completing it). Now my question is after approval how long i can wait to fetch my first job? Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. Documents related to your H-1B petition. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. If H1 done vs CP, then you will stop working when you enter the US on H4. 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? I have not spent a single day of H1B employment with my petitioning employer. You can start working on H1 as per the Start Date listed on the Approval notice. Can I travel outside the US after H1B approval (change of status) but before Oct, . Can I travel internationally when H1b is approved but not - Quora I must have to visit India from Dec2 -Dec28. 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. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Thanks. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. to transfer you need the approval and EAC #. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. 1. Next Steps After H1B Visa Approval - Change of Status or Stamping 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. Please advise so that i can plan accordingly. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. I hope you will be able to help me. But I too am in a same boat, Hey Raghu. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. If you have a pending extension petition . Hello Everyone, My cousin has been thinking about getting his h1b visa in order to get the career that he wants. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. 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? Can I go for stamping here in US consulate rather than going for stamping in India? Now company forgot about my master's degree. I am afraid of expiry date, what will be best solution for it . Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? an assumption, I have authorized CPT and went to India on vacation. COMPLETE guide to H1B Change of Status Visa Stamping [2022] - Stilt Blog Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. But they did not send me for stamping. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? I have not done anything regarding the h1b. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? 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. How much time will it take? I am on F1 Opt working for a company. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Can they apply before October 1? Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. Please let me know what should be done to correct my DOB??? I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. Will that be enough to show employer and employee relationship or still end client letter is required ? Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date). Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. I am currently in US on L1 visa and checking options to moving to h1b visa. I have removed parts of your comments. Could you please tell me the process how you got the H1B.I am also looking for one. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? My EAD ends July 10, 2020 and my H1B got approved June 11,2020. I would like to know what would be my options if Id like to extend my petition. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? I have plan to visit india march . Now, my current employer is asking me to leave the country as my petition was denied. Please help! Could you please let me know all the possible options? But now I got an offer from company B. I want to join company B instead of A. chessmojo 1 yr. ago. Since i am going in Dec 06, 2010 to Dec 19,2010. Hi Raghu, Else, it can take months and theres not time limit. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. 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. I got selected to start a 3 years residency program at a major US university. I had not scheduled my visa interview, and I didnt join that company. What are all the details/documents required for scheduling the interview? 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. 1. Such guidance does not carry the binding force of law or regulation. 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. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. 1. My parents are coming to US for a visit. What documents should i carry in both situations(processing time and after acceptance of H1B). Am I considered out of status ? But, it is maybe good to get it clarified with an attorney. or reasonably safe to do so ? Hello raghu, thanks for sharing the information. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. Your employers attorney should have given you these details. Can i be denied my h1b visa stamping because currently i am not teaching? The original I-797 approval notice. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. or can I go to any country to get H1-B stamping ? Is the embassy open and is the next step to fill DS160? Thats measn your OPT will be extended till Oct1, when your H1B becomes active. Why are you giving incorrect info? Can you please tell me whether we can go to stamping with this ammendment details. Suppose if August 2021 this is not stamped then what is the further option? I have valid H1b petition until 2014. My fiance and I both work for the same company in the US. I have the same concern being in the same situcation as Shilpi mentioned I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Can I join B without any issues/legal hassles? Waited for i-129 approval but dont want to waste the chance of F1 visa. My H1 stamping was expired and my currrent petion is valid up to Jan16. or we are good to travel with updated LCA. or can I travel after my acceptance of H1B. 2. So its always best to check with a consulate first before booking for visa interview date. You can confirm the same question via Ask an attorney. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. 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? My spouse current status is H4 EAD. i read from various web sites saying generally people go to either MEXICO or CANADA. I would like hear about your experiences or your advises on H1B visa stamping in Canada. OPT To H1B In 4 Easy Steps - VisaPro Will there be chance for getting stamped if I attend the interview late? Currently I am in my home country. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. He would really like to get some help from a professional to make sure that all the documents are correct. But, do you want to wait around to get into H1B under this current scenario? While your H1B change of status is pending, you are free to travel outside of the United States. Timing is upto you based on your circumstances. My H1B(i797) Got approved on may 17th, 2016. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. Sharad. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. I got I94 extension till 2019 March along my new H4 extension in 2016 September, and my H1b got approved in December 2016 without I-94 extension. All the numbers I try online dont help. I have sent them my approval notice also. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 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. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Its very helpful. 1. I am on OPT right now till June 2011. Does this mean they sent the reciept that they received our request? You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. H1B will have a start date, so you can enter upto 10 days before the start date. In this scenario do I need to go to home country for H1B visa stamping? Any people in my situation and got information regarding this,help please. I just graduated with Bachelors in Computer Engineering from a US university this august. Did you apply, Have you seen the total H1B Visa Cap Count and Petitions filed under the Advanced Cap for last few years? Check with your attorney for suggestions and answers. I got my H1B COS from F1. Later, you may jump ahead to certain sections. my status showing as below. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Can I get stamping before October 1 and enter the U.S. on H-1B? We have applied for the extension and we have got the receipt. I have my new passport with me. Thanks, I just wanted to play safe and avoid going for stamping in this trip. How soon I can change my employer ? 3. Is it necessary to work in petitioned company, while going for an H1B interview. will be it be better to go for visa stamping before or after october 1st 2009? He just received a mail from university that his sevis is terminated and out of status now. Ask the consulate. Can he transfer Visa or will apply new visa? H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). 2)Got an Approval Status on March, 2012 Since then i am in india, and did not attend US consulate for stamping. 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. I went to PAI on 11/18. Yes, if #1 is True. Thanks. 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. 3. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Can you tell me when can they apply for H4? It is therefore difficult to predict how long the wait will be for each visa issuance. Currently on a Project My H1 transfer is approved by employer B (new employer) and I received an approval notice. Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. 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. Talk to an immigration attorney with new rule about location change. I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? you have to provide EAC NO SOME IS VERY HELP FULL. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. I was planning to travel to India once my case gets approved. Is that petition is valid now ? 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. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. Both of our visas got expired as of sep30. My H1B Petition was approved with Change of Status (COS) for 2012 on Nov 3rd. Why are you asking questions impacting your status on forums? We are currently stating in US. All Rights Reserved. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. But my company (employer A) had already filed a location change amendment, which just got an RFE after the transfer approval to B. However, i have also pursued a masters degree in Environmental science with which i am working right now. Talk to an attorney ASAP to know your options. I have applied for SSN in near by office. H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date.

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