Is there any info for attending visa interview in India? I've a similar situation. I was thinking of traveling to India to get the stamping in the month of November. What happened ? I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. Please let me know. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. I have my H1B visa approved. We are currently stating in US. I had not scheduled my visa interview, and I didnt join that company. So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . Looks like your COS was abandoned. But, do you want to wait around to get into H1B under this current scenario? Got the recpiept on amendment but havent heard anything from USCIS. 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. 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. Total stay in US See the questions in there. I have removed parts of your comments. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Till what period my attorney/employer would receive the i797 approval Mail notice. My employer hold me till todate. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. After visa is approved, you should get the passport within 3 to 4 days. Visa stamping has been expired now. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? https://askanattorney.happyschools.com/. 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. Your H-1B status is valid until the end validity date of your most recently issued I-94. USCIS now provides a copy of the I-129 petition directly to US consulates. My question is, where do I go to receive this stamp I read about ? His wife came on h4, now got h1b through lottery. Can Someone please help? You dont necessarily have to start working on the start date. If i find a new employer will I still be cap exempt? Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? 1. People are still waiting for H1B results filed in April 2015. Otherwise, the issuance of your visa may be delayed. And, Does 3 year duration starts from stamping date, or it is from Oct2019? Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. Any necessary supplementary documentation that may be necessary. Sorry, They gave Master service agreement and PO copy between them and client. You should consult an attorney to see what options you have. also one of my friend lost his 221G how can we get the copy of 221G? 1. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. 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. Do I need to get a date from consulate to get H1B Stamping in India? how soon and in what way I can travel to the USA ASAP. An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. I am still on my OPT that runs till next year June. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? Hello Raghu, I have applied for SSN in near by office. Is it dangerous? Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Please contact our office before making travel plans. But employer says that he has not yet received the 797. you have to provide EAC NO SOME IS VERY HELP FULL. After going to India if i will not get stamping in India, 4)Can the new company utilize my approved petition? chessmojo 1 yr. ago. If it was a coincidence then my petition was approved using normal processing and I should get my money back. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . Travel, whether for personal or professional reasons, can be an exciting . L1 to H1 with CP. My H1B got approved this year but unfortunately my employer let me go. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? Could you tell me what happened to you case? You need paycheck only if your started working on H1. My employer specifically mentioned that they will revoke my petition on or before 30th September. I have to make lot of assumptions since you have not mentioned your current status:- Issues to deliberate on If yes then what would be the approximate cost of status change ? The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. I got my stamping done in Jan 2019. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. I am filing my H1b in April 2017. The H1B petition is approved on July 1st. I have a question , http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. can you tell me do i need to pay the complete fee or no. i got my first H1B approve in Oct 2009. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Hi Arun, This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Published research and other works that are in the public domain should be included in the resume. https://askanattorney.happyschools.com/, Hi , I have the same concern being in the same situcation as Shilpi mentioned My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. 1> If I join same employer (who filed my H1B) after 6 months Show them your I-94. They applied for my H1B visa and I just got all the documents from them. I agree with your attorney. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. My H1B was on RFE. Thanks for the detailed reply. Updating the address in USCIS website is sufficient or anything else is required? Thanks for your response. Mine is a tricky situation. Also, I am planning to apply for h1b for next year. are there any issues? And new passport have details of older passport in it. I still did not receive my I have a family emergency and that made me go from 19th of september to 24th of september. I attend my visa interview from Dubai or India, Kindly advice. 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. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). You have to get the documents first. You should review all of this information after each H-1B approval. Hi Raghu, But, it is maybe good to get it clarified with an attorney. Now, my current employer is asking me to leave the country as my petition was denied. Right now, I am on Post completion OPT and it ends on Feb 2021. The DOB is in the new I-94 which is at the bottom of the I-797 document. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. Please suggest. I just want to know what all documents I have to collect from my employer. Thank you in advance . I am on totally confused stage. What should I do now ? My attorney told you can get stamped anytime before your STEM OPT expires my question is. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). ( was on H4 earlier). Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped Does this mean they sent the reciept that they received our request? Start with your employer, employers attorney, if no you can ask via email. (or) Am I suppose to have October pay-stub i..e on H1 status. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. 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. 2. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. 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. 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 ? Close All Open All Cap-Gap Extensions Eligibility for an Extension It should come to you within 2 weeks. I have a question. Or, are there still any possibilities to be rejected? In short Yes, but is hat H1 petition still not revoked? Most visa applicants must appear at a consulate for personal interviews. I am searching for consultancy firms who will file my H1B visa. Now I have a tricky time my current client offering full time. You can go for H-1B stamping to your nearby American consulate. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? My OPT expiry date: 03 Jan 2017, Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. I will started working with new employer next month . Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. Suppose if August 2021 this is not stamped then what is the further option? Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. H-1B and O-1 Travel. will it be valid to apply in 2019? Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? 2. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. my status showing as below. because i can extend my visa when i am US only. 1. Please respond. I am taking appointment for H1b Stamping and H4 visa for my wife. 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 ?. My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? Hey Please schedule a 15 minutes call. You may have different questions with respect to this situation. I have the copy of the police report that was filed when I lost my passport. Please contact our office if you would like to initiate a permanent residence application. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. 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 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 i approach a different employer with same petition number to proceed with my H1B stamping. Hello, @Fanny We don't provide legal help. You have 3 options. Thank you. My current project is ending on Dec 28th 2018. 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. For ex. I've received all H1B related documents from my employer. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. Is that petition is valid now ? So I think I lost my visa status. Is that realistic or did we mix things up? 3. After your H1B Visa is approved, you have to follow the path back from USCIS. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. But my attorney filled the form incorrectly. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". Please advise. Let me know if you have seen this before. an assumption, I have submitted the client letter, SOW etc. Still my application is not approved. Can it be fixed before that date ? I am in india right now. Thanks for asking. Will this be ok? My OPT is valid until October 12th. What will the case status online if COS is denied and H1b is approved ? HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. There are some exceptions to this rule. Question I have is my husband was in F1 and went ahead with divorce. That office now has jurisdiction over your case. Could you kindly please provide me some guidance on below question? My H1 transfer is approved by employer B (new employer) and I received an approval notice. 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. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. Please let me know if this is advisable and if not what are the consequences. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. is there any way i can contact USCIS and get to know more about this ? That has the employer support letter you can look at that to see how the job was presented to be ready for any questions at the interview. even if my h1b is for a non-profit institution ? I am getting my H1-B start date as 1st Dec 2010. My case got recently approved. As I was with F1 status and it will finish from Sept, during one month I dont have no status. This year if I want to go for a job or higher studies in US. If suppose if I get full time from company C before 01st Oct can I directly join in company C and work for them. Is the embassy open and is the next step to fill DS160? Check with your attorney or https://askanattorney.happyschools.com/. My current employer Dell India wants to me to work for them in Austin. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. This includes changes in work location, salary, and job duties. If i go what will be the problem to my H1B? In Mar 2019, my employer had filed an amendment for change of location. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. 2. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. ** Note that the name on your passport must match the name on your I-797 approval notice. 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. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Company B is a consultancy company. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). My employer has filed for H1B amendment for new location. If I can return on F1 visa what is the last date I can enter with F1 visa? Currently on a Project I know that Oct. 1st my status will change from F1 to H1B. But I never travelled on this VISA. But I havent taken ay next step considering the COVID situation. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). Always consult an immigration attorney to get your questions clarified. However, each U.S. consulate will have varying rules. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. What are the options available for me to go for stamping for change of visa status? Hello Everyone. Is the H-1 Visa STAMP required to start the process for Green Card? Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. 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. Can some one help me to find what is the ideal solution? Accurate I-94 records control your lawful status: they are very important. If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. Yes, you can use the 1 year validity passport to go for visa. It got approved on 12/06/2016. Many consulates use an online appointment system for visa applicants. 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. I got my H1B stamping done last year in Sep 2009. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Now my ques is , I knw i can work on 1 h1b at a time. Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview.