@Fanny We don't provide legal help. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. Also, please suggest if people are getting their H1B approved? You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. They applied for my H1B visa and I just got all the documents from them. Hi Raghu, (The LCA received is having the old address). 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. Second How tough to get H4 Visa? The H1B visa transfer process is as follows: 1. I need to go outside US for visa stamping in order to start working and return back with COS. Could you tell me what happened to you case? What are all the details/documents required for scheduling the interview? 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 a question , 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? Or go with the existing Ds-160 and show them the approval notice when questioned. Please also follow any specific instructions on the consular website about additional documents to bring to the interview. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. 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. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. Please let me know if this is advisable and if not what are the consequences. Can I travel to India in March ? Please suggest. can I travel and come back without any problem? During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States. My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? Hi, 1. Please help! Also after receiving my I797 notice, can I go and apply for SSN? Can you please help me in understanding what should I do? Do I have to await the approval notice before joining the work force? Currently I am in my home country. Am I considered out of status ? Can I join B without any issues/legal hassles? However, the USCIS has generally applied the analysis contained in the letter since 2004. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. You are on H1 and you should get paid! When your legal stay/status in USA could be affected, always seek legal help. You may have different questions with respect to this situation. Any people in my situation and got information regarding this,help please. Is there any info for attending visa interview in India? When can I start working for the employer? I need to travel to India by this month end. 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. I just wanted to play safe and avoid going for stamping in this trip. Would my H1B visa expire at some point if I do not adjust my status? Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 Dont have an ETA. You don't have any gap. So how long does it take to have visa interview (in genaral). After visa is approved, you should get the passport within 3 to 4 days. 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. Hi, 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 . The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. You can transfer your H1 to new employer and they have to send the required documents. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. Is this possible? How long does it take to recived the hard copys to my petitioner? Hi Rushi, I have not spent a single day of H1B employment with my petitioning employer. As there are not much requirement during November and December month. 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. Or my H1B has to be stamped in my passport to be eligible for employer change? You should consult your employers attorney . Hi HSB, I94 validity and with what Visa Type 1. Are some people still awaiting their h1b visa approval? chessmojo 1 yr. ago. I am currently on OPT with H1 Approved status starting from Oct 1, 2016. Opt Expiration date : December, 2012 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. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. Now I can utilize the same Petition number to other Employer. Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. I dont know if you can start working if online status says approval. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. all the same forms, and interview etc? Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Work for Company A generate at least 2 pay stubs and then do the transfer? Should I go to my home country for H1-B visa stamping or it is too risky for me? That office now has jurisdiction over your case. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. My questions are: You should check if Transit Visa is required for Paris. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Hi Raghu, 4. Appreciate any help on this to get the SSN ASAP for her to . I am still waiting for I797 from my company A. 3) If I can and should then Whats the procedure ? But I have applied from third party employer and now due to pandemic situation getting new project is difficult. 2. How do keep it active? After you change to Company B, you will submit New DS-160 with company B details. I believe there are some options, but all of them are not ideal. A copy of your visa stamping appointment letter. Will he be able to go and attend the stamping? 3. Congrats on H1B approval. To provide more details; (I have the option to chose two different places. 08 Aug 2022 In 2004, the U.S. Hire Us. I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. my status showing as below. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. My Green Card process may start early next year. 1. Thanks. H1B will have a start date, so you can enter upto 10 days before the start date. I got my H1 approved and it starts from Oct 1 2009. 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? Typical H1B visa start date would be October 1st if the application was submitted during the month of April. Ganesh Thanks for highlighting it out. currently iam in USA I am still on my OPT that runs till next year June. International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). Now, I am wondering if I am unable to get the above position. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. My H1 is approved for the FY2017. But i have not received hard copy of documents. Same steps as applying for new Visa. 1. After your H1B Visa is approved, you have to follow the path back from USCIS. Sharad. My DS 160 form status too in Administrative processing, can you please help me what should I do now? We recommend obtaining a new passport with given and surnames if possible. an assumption, I have submitted the client letter, SOW etc. please help. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. towards the end of 6th year. I got selected to start a 3 years residency program at a major US university. Thanks. #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. Currently I am in my post completion OPT. 1. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. Only your employer can help you with this case. 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? I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. My Visa interview is happen on June18th and counselor has taken my passport. For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. and my last day in the organization was 11/16/2018. 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?? Before you may visit the United States on an H1B visa, you must get a physical copy of your approved H1B's i797 and apply for an H1B visa at a . My employer has filed for H1B amendment for new location. You have to get the documents first. Hey You will need to submit new ds-160 to update the employer. This year if I want to go for a job or higher studies in US. When i checked in the portal on the status of Visa on 19th June 2018.. it is as follows: Your Visa is currently undergoing necessary administrative processing. So, the question posed is whether, after the international travel, the previously-approved change of status from F-1 to H1B, with an effective date from October 1, 2022, is still valid, or is the last action considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on September 6, 2022. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. 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 should i do. 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? Looks like you have figured out the best path and as you said, theres no ideal option. Your visa stamp will reflect the I-797 validity. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. But, you would need a valid US visa (other than H1B) to re-enter the USA. 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. caroline. I think 6 years will start when H1B status is activated. H1B Approval notice sent to employer. H-1B and O-1 Travel. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. All the numbers I try online dont help. But, do you want to wait around to get into H1B under this current scenario? From April 1 your status will be H1. It takes few days for the Database to sync between I-94 and DMV. 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? So he could start working again at least until April 2020. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. 2. Can I get stamping before October 1 and enter the U.S. on H-1B? after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 reagards 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.

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