I feel this might be becoz of the COS as i was not there in US while applying the petition . Do you need New H1B Visa Stamping after Transfer? H4? FAQs Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? 1. 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. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) I am currently on L1B visa in USA. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. Hi Raghu, Can this be done ? It would be of great help if you can answer me the above questions. My H1B visa has been approved and I am waiting for my Stamping. 1. Can you please tell me what is the percentages of cases still approval pending with USCIS. And now his petition is getting expired in july 2011. But, theres no status for mailing the notice. 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. After you change to Company B, you will submit New DS-160 with company B details. 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. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. 2. I know there is recession there in US, but in my case the reasons for not being able to land there are different. My OPT extension came in effect from 10/01/2016. If yes what is the procedure? So did you apply for STEM extension? And petition validity is till October 2013. Post the question to Attorney Murali via Ask an Attorney. You will eventually need H1 stamped right? currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. My first trip to Canada will be August 2011. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? If i find a new employer will I still be cap exempt? I just want to know what all documents I have to collect from my employer. interesting how to apply for dutch passport ? My petition got approved. or reasonably safe to do so ? This analysis was provided by the USCIS in the form of letter guidance. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. 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. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Thanks Raghu. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. My employer has given me all the documents that he has received from the attorney. Is there any other way to expedite the process or get information from USCIS. Thank you in advance for your kind understanding and cooperation. Travel After Change-of-Status Approval with Future Start Date I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) (The LCA received is having the old address). 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 ? Looks like your COS was abandoned. 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. Now I have a valid petition and stamped Visa both valid till Jan-2023. Im in the very same situation as you were in. my status showing as below. Please be sure to do the same for your dependent(s). 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 petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. The original I-797 approval notice. what wil happen to my H1b? 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? I am Ram. I have a question. 1. Heres a list of documents required for H1B Stamping. 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. I joined them in 2018 when I was on F1 . The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. Is there a final date where I would need to take on my H1B visa? 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 The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. I have received i797c notice of approval. Do I also have to inform my University of the COS? How far is this info correct? Please review this material carefully. Or should I do the same my employer has asked me to do. I entered US 14 days prior to the start date mentioned on my i797. News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. Please advise so that i can plan accordingly. 7. There is no grace period. What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? In 2018 November I had to leave US and (the organization where I was working) because of a family Please share on who did you handle that circumstance? thanks If yes, Can she apply for COS from H4 to H1 using old H1 approval ? But, you would need a valid US visa (other than H1B) to re-enter the USA. I am taking appointment for H1b Stamping and H4 visa for my wife. He has been on a F1 Visa (which expired End of May 2019) and I am on a valid E-2 Visa (valid till April 2020). What form do I have to submit for the visa interview? to transfer you need the approval and EAC #. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. Refer to comments policy. Again i m talking abt having multiple amendments ( not transfer). 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. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. also one of my friend lost his 221G how can we get the copy of 221G? You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. 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. reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know Please contact our office before making travel plans. 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. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? 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. Does anyone know how long an amendment takes? H1B to F1 Process and Timeline for Indians : r/h1b My employer files an H1B cap-subject petition for an F-1 student on April 1st. I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? 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. My H1B got approved from dec 31 2015. Form I-9 after H1B approval : r/h1b - reddit.com Will there be chance for getting stamped if I attend the interview late? I need to travel to India by this month end. So when my transferred petition approves i would be having only 4months from the visa expiry . My H1B has been approved and i am staying in india. My H1B receipt received on April. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Would i have to explain why there is a gap between my approval and commencement of work? 1) I had received RFE. meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . You can transfer your H1 to new employer and they have to send the required documents. H1B Petition approved but I-94 is not updated - Immihelp I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? I filed the petition under masters quota and with COS . When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. Thanks. ** Note that the name on your passport must match the name on your I-797 approval notice. Accurate I-94 records control your lawful status: they are very important. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? 2. I got my visa Approved under Premium Procesing yesterday. MY H1B employer is OK to work with Dell in Austin. H1B Transfer & Change of Employer - Full Guide (2023) I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. But before interview i will get my new H1B extension petition. 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. 1. Is that petition is valid now ? Hi Raghu, OR will it be valid to apply in 2019? The approval notice shows same i94 number as h4 when she entered the US. I am currently in same situation. Please help me guys, I am totally confused on this. Not advisable . You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. I want to transfer to new employer once i got my 797. I am not sure how strict the immigration about it. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. chessmojo 1 yr. ago. H-1B Travel - National Institutes of Health 1. My H-1B Visa Petition Approved by USCIS as of Aug 12, 2014, but I could not appear for the H1b visa interview last year because of some mishap (met with an major accident). My current H1B visa expiring in 31 Dec 2016. You have to get the documents first. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? I was planning to come back to US on L1 and then switch to H1B after coming back. Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. You should ask the same questions to an Immigration Attorney. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. Can I put resignation and wait to join other employer ? Any other Visa (L1 or B1 etc ) NO other Visa I am still waiting for I797 from my company A. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Otherwise, the issuance of your visa may be delayed. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. Approved H-1B Visa Petition with Change of Status. Questions affecting your status should be answered by an attorney. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. ( OR) My H1B I hope gets approved next week if so how long will it take for me to get it stamped? They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4. I am still on my OPT that runs till next year June. Can I try for H1B transfer from here in India itself? I want some time ( may be 1 week atleast ) to resign from present employer. kindly help me please. You should have the Approval Notice with you. The USCIS stated that the change of status would take effect automatically on the effective date of the H1B petition / change-of-status notice of action of October 1, 2022, in this example. Check the Processing Time, usually, H1B and H4 gets approved at the same time. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. is there any way i can contact USCIS and get to know more about this ? 1. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? Thanks. One of my friend has the same issue now. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. 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? I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. I have been with this employer before my change of status. My employers attorney has filed a service request too with USCIS, but no updates yet. In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. Your email address will not be published. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. Any people in my situation and got information regarding this,help please. Is it mandate to get the stamping done and travel to US during the validity period. even if my h1b is for a non-profit institution ? Ive never done any studies here in US/Canada and Im from India. I believe there are some options, but all of them are not ideal. I still did not receive my 3. Later in 2010 I come to US on L1B visa. Went for stamping in Hyd and the status is pending. Can he transfer Visa or will apply new visa? my time period exceeds means from india i can Apply my H1B or not. ( was on H4 earlier). For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. I94 validity and with what Visa Type Not sure about I94, visa type is H1B Whether my H1B will be denied etc? First Do i have any problem in visa stamping? I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. Now my doubt is will my h4 will be questioned if I go to India. Hi Raghu My case is similar to Abhisheks case. Looking forwardat your best advice. 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. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. Current Location India 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. Can you tell me when can they apply for H4? I got my first H1B approve in Sep 2011 for 1year. 1. Or should I choose the drop box option after I get my initial H1 stamped. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Same company, same role. if so, what should I do for a month? Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. You need paycheck only if your started working on H1. But my client job can be terminated before visiting India by Oct10,2016. Your Attorney should give the list of documents. You should check if Transit Visa is required for Paris. 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. Or, are there still any possibilities to be rejected? E2 EAD maybe better then H4 EAD. This situation usually applies to those who had applied for H-1B visa from outside the U.S.A. But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. Thanks!! Replied Rfe in November , still waiting for results. My spouse current status is H4 EAD. Even when I work in consultant, is there any process that should be completed before I travel from India. 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. In Mar 2019, my employer had filed an amendment for change of location. My H1 got approved in August. Things to Know After Your H-1b Is Approved So what shall we do ? I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. I wanted to visit home before I start my job. 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. My next employer is ready to stamp. If Your H-1B Petition Has Been Approved as a Change of Status: So its always best to check with a consulate first before booking for visa interview date. I m doing Msc biotechnology. If I can return on F1 visa what is the last date I can enter with F1 visa? At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? Is her H1B approved on Oct 2008 is till valid ? H1B Approval notice sent to employer. 2. Raghu, My H1B got approved this year but unfortunately my employer let me go. H1B from withon previous 6 years will not count under Cap. I have my new passport with me. 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. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. Till when can I continue my job on L2-EAD? I have not spent a single day of H1B employment with my petitioning employer. My case falls under h4>h1. 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. So they requested a data fix to SEVP to fix my SEVIS record.