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. I got my first H1B approve in Sep 2011 for 1year. This includes changes in work location, salary, and job duties. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. 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. 3. We are currently stating in US. If yes then what would be the approximate cost of status change ? 3. It counts based on effective date or expiry date? Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? Now I have a valid petition and stamped Visa both valid till Jan-2023. i got my first H1B approve in Oct 2009. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do You should review all of this information after each H-1B approval. Traveling While Awaiting an H-1B Extension. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. My H1B got approved from dec 31 2015. Based on these facts, the change of . Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. I am go to apply for H1 B extension. Any problems with it? My OPT extension came in effect from 10/01/2016. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? There are some exceptions to this rule. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . My question is, where do I go to receive this stamp I read about ? Raghu, If Your H-1B Petition Has Been Approved as a Change of Status: 2. My employer resubmitted documents and USCIS received it within the RFE response date. So i wanted to schedule the H1B interview by the second week of Oct-09. Can I get stamping before October 1 and enter the U.S. on H-1B? I am very new to this blog. Is it possible to continue with my trip to India? 1. Hey RFE and travel puts you in tough spot. Is it ok to wait for more than 3 momths after my H1 approval? Can I attend the interview by oct-09? So while scheduling interview, it is asking me to write my petitioners name for H1B but say if I change employer in January or February can I update my petitioner name in DS 160/Scheduled appointment or I need to cancel the appointment and again schedule new appointment? 3. Currently i am staying in Kuwait for some project work. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. Do I need to go back to india for stamping or can I continue with h1b? If documents doesnt come by the time you leave then you can ask your employer to mail it to you. 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. USCIS now provides a copy of the I-129 petition directly to US consulates. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. Please let me know. 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 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. Please advise. i have new employer and will file h1b cap counted next week. My OPT expiry date: 03 Jan 2017, I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). But my Visa Petition status is showing active and approved. But, theres no status for mailing the notice. I have travel plans and booked VISA Interview on December 16th. I could say that you can get it stamped from another country ( as other have done in the past). Please advise what should me the best approach here. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. I wanted to visit home before I start my job. Hi Raghu, Please advise so that i can plan accordingly. I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. Now my question is can I change my employer in May/June immediately after getting approval ? 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? If yes what is the procedure? Question I have is my husband was in F1 and went ahead with divorce. My case status is as follows: 1. Refer to US Consulate website and Required Documents list in this blog. If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. I must have to visit India from Dec2 -Dec28. My H1B was on RFE. What should be the next steps for me ? Change of Status(COS) or Consular Processing (CP). Things to Know After Your H-1b Is Approved If I leave my current employer, then Can I get it stamped on my own/new employer/US company? I wasnt planning to go to India for H-1 stamping this year. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. My H1 is approved for the FY2017. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Yes. I have the same doubt. I live outside of the US, and only 10 days to find apt and get ready to work?? H1B Approval notice sent to employer. Thanks -Padraig. 2) My H1B is filed by employer based in Seattle. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? Where are you getting information that you need 3 months pay stubs? I hope you will be able to help me. My fiance and I both work for the same company in the US. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. 08 Aug 2022 In 2004, the U.S. I know there is recession there in US, but in my case the reasons for not being able to land there are different. Now My question is. Not its not valid. You can confirm the same question via Ask an attorney. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Could you tell me what happened to you case? We dont know what will happen to H4 EAd. In short Yes, but is hat H1 petition still not revoked? Later in 2010 I come to US on L1B visa. 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. However, the USCIS has generally applied the analysis contained in the letter since 2004. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Thanks. Hello Raghu, 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. Only French Consulate can answer this question. 1. My attorney told you can get stamped anytime before your STEM OPT expires my question is. Case details: Is there any company who can do H1 B visa can just reply me. 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. Activation of my h1b is October 1st 2016. IfH-1B visa approved without COS, and you live inside the U.S., you will have to travel outside the U.S. (to home country usually), get H-1B stamping in a U.S. consulate, and enter the U.S. up to10 days before October 1 if your Approval Date is on October 1. H-4 visa holders who have extended or changed status in the U.S. and who have been issued an I-797 Approval Notice in their own name should travel with the . Its would take less than 30 minutes to get a new DS160. It got approved on 12/06/2016. please help. I believe there are some options, but all of them are not ideal. Which category does this come under. But with some personal issue, I need to travel to India in the 2nd week of April 2019. Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? My employer hold me till todate. Hi, 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. Thats the conversation you should have with your employer and attorney. But I too am in a same boat, Hey Raghu. My status got changed from H4 to H1. I am searching for consultancy firms who will file my H1B visa. https://premium.happyschools.com/course/consulting/, Hi Raghu, Do I also have to inform my University of the COS? If COS is approved, your L1 is gone! I got my h1b petition approved filed by my previous employer couple of days back. I am on F1 Opt working for a company. My H1B Status still in Received status, what should be the deadline time to change the statues? Please advise. I am awaiting for documents from my employer. Is there a way I can reenter the States using my current F1 visa? But i couldnt see my employer sending me for visa interview. I am also in same situation. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? 2)Got an Approval Status on March, 2012 Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. Thank you in advance. 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. My i129 petition has been approved without change of status from h4 to h1b. Consultant with whom i processed my H1 is no longer reachable. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. if so, what should I do for a month? Sorry, I dont know the answer. I have a planned trip to India on 27th October 2016 for around a month. Do I need some documents and letter from my employer before I fly to US? If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. My current H1B extension was denied and my I-94 was expired on 18 Aug,2018. So I think I lost my visa status. Now my doubt is will my h4 will be questioned if I go to India. Thanks. I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. 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. Is it dangerous? This year if I want to go for a job or higher studies in US. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt Is there any risk involved in it? How this H1B visa be utilized in these two cases: I have been with this employer before my change of status. That office now has jurisdiction over your case. This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. I am on F1 status , and its valid till feb 2018 . 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. But the location where i want to go for work is different state than the petition filed for a different state. I also got a 5 motnhs gap in my OPT period. It happens and theres nothing you can do but wait. I have got a valid H1b approved petition from my current employer. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Thanks. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. 1. And, Does 3 year duration starts from stamping date, or it is from Oct2019? Any other Visa (L1 or B1 etc ) NO other Visa I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . what exactly this security check and how many days it will take. 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. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? I would like hear about your experiences or your advises on H1B visa stamping in Canada. It is possible to go for stamping from other MNC/consultancy with this details? can i re-enter USA on my F1 visa without any issues in port of entry?. Thanks!! Can you please help me in understanding what should I do? Hi, I94 validity and with what Visa Type Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. We sent you a notice that explains why we moved your case. For information and tips on filling outForm DS-160, please see this website. My H1B has been approved and I am currently in USA. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. My H1 is approved with COS. What are the chances for legal action and getting the money back? Do I have to await the approval notice before joining the work force? Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. Heres a list of documents required for H1B Stamping. Ganesh Thanks for highlighting it out. My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. Going to Canada for my H1B stamping a good option? One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. 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. 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. Your employer will file H4 visa along with your H1B application. See the questions in there. Should amendment be filed before Oct 1?? 1. Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. Form I-9 after H1B approval : r/h1b - reddit.com I have a question, please guide if you can. 1. Now things here are going good so thinking to change to new client and new location again. Hi, So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? 5. I was planning to travel to India once my case gets approved. I will answer them in a video. All Rights Reserved. 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 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 From April 1 your status will be H1. Thanks for your response. My H1B got approved this year but unfortunately my employer let me go. My H1 stamping was expired and my currrent petion is valid up to Jan16. However getting visa appointments in India is also hard so you just pick your poison I guess. Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? My friend is going to graduate with MS in the 1st week of may 2013 (next month). (Shilpi says: December 3, 2011 at 1:42 AM). Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. Sorry, They gave Master service agreement and PO copy between them and client. I got my visa Approved under Premium Procesing yesterday. Dhara Can you please help me with this? Now my question is after approval how long i can wait to fetch my first job? Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. Is there a final date where I would need to take on my H1B visa? In 2018 November I had to leave US and (the organization where I was working) because of a family You dont necessarily have to start working on the start date. currently iam in USA You should consult your employers attorney . My employer specifically mentioned that they will revoke my petition on or before 30th September. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. The 2004 Hernandez letter remains helpful and relevant even after many years. file MTR or appeal. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. Please set aside time to complete this form. You can consult one from our team https://askanattorney.happyschools.com/. My H1 is starting from Jan 01, 2011. What should I do now ? Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: 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? However I have a bit tricky situation. in the US, Im in the same location and same client. 3. Else, it can take months and theres not time limit. You should have the approval notice (I-797) form. From USCIS website my status is confirmed as Approved. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. The original I-797 approval notice.