travel after h1b change of status approved

This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. I am in a desparate situation. It happens and theres nothing you can do but wait. If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. I am on F1-OPT, and my H1 gets valid from Oct. 1. In this scenario do I need to go to home country for H1B visa stamping? 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. Any help would be appreciated in clarifying the following questions. I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? I feel really frustrated by all this bureaucracy. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! Could you please provide the procedure in this case. 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. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Am I correct? i read from various web sites saying generally people go to either MEXICO or CANADA. #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. 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. His wife came on h4, now got h1b through lottery. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. 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 ..??? Will he be able to go and attend the stamping? Will my visa become invalid or will it still be valid after few months? 1. If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. Please help! Customs and Border Protection (CBP) has implemented an electronic I-94 system. I did not have petition copy with only i have WAC no. 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 suggest. yes , responded to RFE in NOV 2015 . with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. I have an active L2 EAD and I am working at the moment. How do I make this appointment, and with whom? If not what should I do ? 3. thank you. 1. Hi, The H1B petition is approved on July 1st. H1B from withon previous 6 years will not count under Cap. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. What are the chances for legal action and getting the money back? Would it give problem to me ? 2) when can i go for the stamping?? Will this be ok? document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. I have a question, please guide if you can. Are some people still awaiting their h1b visa approval? The approval notice shows same i94 number as h4 when she entered the US. 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?? It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. You are on H1 and you should get paid! What will the case status online if COS is denied and H1b is approved ? H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. all the same forms, and interview etc? In the meantime, my spouse got a Full Time offer with Company B. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? I dont know if you can start working if online status says approval. Please let me know what would be scenario. https://askanattorney.happyschools.com/, Hi , 5. Such guidance does not carry the binding force of law or regulation. Yes, you can use the 1 year validity passport to go for visa. 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. What documents should i carry in both situations(processing time and after acceptance of H1B). Updating the address in USCIS website is sufficient or anything else is required? For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. Now I can utilize the same Petition number to other Employer. I have sent them my approval notice also. But i have not received hard copy of documents. 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. I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? 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? See the questions in there. What are the options available for me to go for stamping for change of visa status? Is there any other way to expedite the process or get information from USCIS. Yes Current Status OPT What is the maximum duration I can wait before going for stamping. If yes what is the procedure? After your H1B Visa is approved, you have to follow the path back from USCIS. I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . I attend my visa interview from Dubai or India, Kindly advice. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. Now, I am wondering if I am unable to get the above position. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? It takes few days for the Database to sync between I-94 and DMV. Went for stamping in Hyd and the status is pending. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. My situation is similar to yours. Show them your I-94. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Should he apply separately for an H4 or should we do it together? 2. 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. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . My H1B visa is showing approved now. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? I have two options below. 1) I had received RFE. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. Why are you hesitant to renew your passport? You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Go for stamping and did you ask your employers attorney? Is there any special rule for this type of scenario? I was on F1 and recently changed from F1 to HIB. What are all the details/documents required for scheduling the interview? 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 ?. because i can extend my visa when i am US only. You can go for H1B stamping till the date 60 days before its valid. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. How much time will it take? I would appreciate any advice on our case. I believe there are some options, but all of them are not ideal. If I can return on F1 visa what is the last date I can enter with F1 visa? 4)Can the new company utilize my approved petition? If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. file MTR or appeal. E2 EAD maybe better then H4 EAD. 1. I will started working with new employer next month . I think it will be extension of status and its gonna take 7 months in regular processing in VSC. The increase in enrollment is due to the removal of travel restrictions . This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. I am on totally confused stage. If travel is required, advance planning and early visa application are critical. If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. You can alter the auto-generated information to tailor it for your dependents. I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. I wont have time to get my visa changed over to H1B during this trip. Thanks for the great information. You need to apply via lottery. I went to PAI on 11/18. I am currently in US on L1 visa and checking options to moving to h1b visa. Employment duration with present employer 6 months. I would wait for the approval notice. Hi Raghu My case is similar to Abhisheks case. Is their a validity associated with it. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. If your application for H1B transfer is approved, you can continue with your job. Case 1: I have two queries in regard to stamping. So in that case i need to attend visa interview again to make my travel. 1. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. Hi , Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Question I have is my husband was in F1 and went ahead with divorce. Any problems with it? Also, i have a b1 from the present company. I think you have to wait for the notice to reach your employer. If you have the approval notice for H1B, then can apply for H4 now. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. Please advise so that i can plan accordingly. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. My H1B premium process petition denied last month, now what could be the next step? 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. My question is, where do I go to receive this stamp I read about ? You will be fine. Is my petition still valid and can be considered for cap exemption.? In order to apply for change of status, the applicant must still be in a valid status. You may begin work for an employer while your application for a Social Security Number is pending. what wil happen to my H1b? 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 ? Now my employer is telling me to go for stamping with client A documents. (or) Am I suppose to have October pay-stub i..e on H1 status. Hi I am travelling to India in the second week of October and will have to get my H1B stamping done in India. Later, you may jump ahead to certain sections. 2023 Murthy Law Firm. If i go what will be the problem to my H1B? You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Will that be enough to show employer and employee relationship or still end client letter is required ? You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. 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 ?? If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. 3. 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. Thanks. is this usual? 2. 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. Since then i am in india, and did not attend US consulate for stamping. 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). Your visa stamp will reflect the I-797 validity. and my last day in the organization was 11/16/2018. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? Our firm assists individuals and institutions across the U.S. with their immigration needs. 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. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. My Petition got selected for h1b by lottery. P.S: also my husband will join me in the US. 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 am in US and my status is F2. 3) However I left my employer who had filed my petition in February 2012 to join a new company

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