Or my H1B has to be stamped in my passport to be eligible for employer change? currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. Typical administrative delays are 2-4 weeks, but some are much longer. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Employment duration with present employer 6 months. 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. To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. My employer hold me till todate. Unfortunately the communication with the US embassy here is very complicated. Thanks, But my attorney filled the form incorrectly. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. 2. I can return back to work to the same employer or different employer after few months. I have only LCA ETA form 9035 & 9035E. I am getting my H1-B start date as 1st Dec 2010. Hi !! Thank you in advance for your kind understanding and cooperation. You need to find new employer. International travel by foreign national trainees and employees must be planned carefully. Is it ok to wait for more than 3 momths after my H1 approval? 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. 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. This includes changes in work location, salary, and job duties. Are some people still awaiting their h1b visa approval? My question is what are the consequences of not having the visa stamped immediately. Does anyone know how long an amendment takes? I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. After that, I changed Employer without stamping. I wanted to visit home before I start my job. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. Please help. 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. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. But the office location is different and the new address of residence is different state. How much time will it take? Whether my H1B will be denied etc? Is the H-1 Visa STAMP required to start the process for Green Card? 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. I was planning to travel to India once my case gets approved. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? Please post your question in Q&A section. Location change is from my employers location A to location B. After going to India if i will not get stamping in India, Should I cancel my H1B ? My H1B lottery is picked up this year. Is that ok to start working in regard with my status? I have applied for SSN in near by office. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. Please let me know. Please suggest. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Can I travel outside the US after H1B approval (change of status) but before Oct, . My friend is going to graduate with MS in the 1st week of may 2013 (next month). Thanks for your response. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. Any problems with it? I am in a similar situation. In Mar 2019, my employer had filed an amendment for change of location. You can do the math from there. My spouse current status is H4 EAD. But, if you get denied, Im the one to blame. Is there any other way to expedite the process or get information from USCIS. Hi Raghu, Since i am going in Dec 06, 2010 to Dec 19,2010. What documents should i carry in both situations(processing time and after acceptance of H1B). Thanks for asking. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. 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? Hi, Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. Will the H1B come in effect from 10/01/2017 ? Second, submit a change of status application. I am looking to file H1 visa. I cant help you here. Is there a problem if I travel to India in November? Please follow any instructions on the notice. I had filled H1B first time and was approved in Ocotber 2016. Current Status Visa type Currently I am in my post completion OPT. Ask your attorney or submit this via Ask an attorney by Email. They would have to file COS from H4 to H1 ( and they can do in Premium). Can I go for H1b visa stamping this year with the petition approved documents? Is this a practical scenario? Need to go for stamping to activate my visa. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. Visa stamping has been expired now. Please let me know on this. 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. 1. Now can go for stamping or not. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Is the embassy open and is the next step to fill DS160? You can also request a "Travel Letter" from our office. Is that realistic or did we mix things up? If you are interested in reaching out to us, please click here: P (413) 584-3232 Thanks. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. Suppose assume that im transferring in next month December. 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. Now my question is after approval how long i can wait to fetch my first job? Ideally how much time it takes for the approval notice to reach at our end? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. with the application itself. The DOB is in the new I-94 which is at the bottom of the I-797 document. I travelled India when he was on H1 status and I do have visa stamping till March 2019. But which document i needed to get stamp by next employer. My attorney recommended that I should not travel to India until next summer. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). If you could pls help answer my below question : The intervening admission to the U.S. does not override this later effective date. But my Visa Petition status is showing active and approved. Ask it via Ask an Attorney ( through this blog ) Can some one help me to find what is the ideal solution? Can i be denied my h1b visa stamping because currently i am not teaching? I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. I have an H4 visa and live in USA. I want some time ( may be 1 week atleast ) to resign from present employer. I have a question. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Could you please tell me how many days it will take for replacement copy of Approval notice. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. I got my petition approved till September 2017. 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? Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. 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. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. 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. Please contact our office before making travel plans. You should try to transfer before they withdraw. I have applied for premium H1 extendion this week. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. I got my H1B approved in 2013 and stamped in 2015. I got my H1 approved and it starts from Oct 1 2009. I am still on my OPT that runs till next year June. whether can I come back to US? Please correct your article. This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. A reciprocity fee may also be required. because i can extend my visa when i am US only. I know there is recession there in US, but in my case the reasons for not being able to land there are different. My H1 is approved for the FY2017. My Employer file H1B visa under Premium processing. Your employer will file H4 visa along with your H1B application. (same sate). 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.
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