travel after h1b change of status approved

While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. Thanks. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. My start date mentioned in the petition was Nov 1. You are right. My H-1B got approved recently as my employer applied it through Bachelor's degree. Sorry, They gave Master service agreement and PO copy between them and client. My new employer has filed the H1b transfer in October 05 2015. I am on totally confused stage. 4. Hello raghu, thanks for sharing the information. 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. Thanks. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? So can i go to home country and stamp H1 on Aug 1st week or 2nd week. USCIS now provides a copy of the I-129 petition directly to US consulates. No you cant. 2)Got an Approval Status on March, 2012 Can you please tell me what shud I do to correct that ?? Based on that the following are the cases that I landed up). 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 ..??? 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. Once you receive i797, within 40 days you should go for stamping? My approval notice has mentioned Montreal consulate, now i have moved to Calgary. MY H1B employer is OK to work with Dell in Austin. However, there are a few things you need to know before you travel. You should consult an attorney to see what options you have. Hey RFE and travel puts you in tough spot. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. 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. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. I think you have to wait for the notice to reach your employer. I am in India. Currently on a Project Yes. What all documents are required for the stamping? And now his petition is getting expired in july 2011. Can some one help me to find what is the ideal solution? 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. Issues to deliberate on Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. 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. This is not the suspension of H1B Visa program. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? I am in US and my status is F2. 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 ? If yes how.? My H1b approval is expired last month. Its would take less than 30 minutes to get a new DS160. Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. I am awaiting for documents from my employer. I got my stamping done in Jan 2019. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? My employer resubmitted documents and USCIS received it within the RFE response date. Does this mean they sent the reciept that they received our request? 4. Else when is the earliest to do that?? Thanks. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. They may refile or do a MTR. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. list of documents required for H1B Stamping. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. Are some people still awaiting their h1b visa approval? Case details: I have a question about changing of visa status. (The LCA received is having the old address). F1 Visa Expired in July, 2012 My employer says it could take upto 4 weeks. Ask your employers attorney and my last day in the organization was 11/16/2018. You dont need stamping. Sumit, if you want faster processing, then convert to Premium. Not advisable . 1. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. My situation is similar to yours. 3. what happens if i leave US before october and couldn come on time. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Iffurther information is needed you will be contacted. 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? I travelled India when he was on H1 status and I do have visa stamping till March 2019. Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. 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. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. My L1 is expired for company A with valid I-94. My H1B receipt received on April. My first trip to Canada will be August 2011. ( was on H4 earlier). 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. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? 1. Now, my current employer is asking me to leave the country as my petition was denied. Can he transfer Visa or will apply new visa? If your stamp is valid, you can reenter US with that, you dont have to get stamping again. But, exactly how much is that?. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. I94 validity and with what Visa Type Not sure about I94, visa type is H1B Now company forgot about my master's degree. Or go with the existing Ds-160 and show them the approval notice when questioned. 2. The end date indicated on the I-94 is your status expiration date. I could say that you can get it stamped from another country ( as other have done in the past). You can alter the auto-generated information to tailor it for your dependents. dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. My Employer file H1B visa under Premium processing. Now my ques is , I knw i can work on 1 h1b at a time. Replied Rfe in November , still waiting for results. 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. My H1B Status still in Received status, what should be the deadline time to change the statues? 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. 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? document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. If you had approvals in the past 6 years, then you dont count in the lottery. Ideally how much time it takes for the approval notice to reach at our end? But my client job can be terminated before visiting India by Oct10,2016. My fiance and I both work for the same company in the US. When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. My OPT is valid until October 12th. Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. The DOB is in the new I-94 which is at the bottom of the I-797 document. If my employer file for extension with the start date Jan 2nd 2019. Will that be enough to show employer and employee relationship or still end client letter is required ? Any problems with it? all the same forms, and interview etc? I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. My employer is saying security check is going. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. My H1 b petition is approved 2008 June , I didnt went for stamping . Went for stamping in Hyd and the status is pending. 4. Hi 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. I just graduated with Bachelors in Computer Engineering from a US university this august. I am and just want some company in anxiety. Can i approach a different employer with same petition number to proceed with my H1B stamping. You get the original in 2-3 working days. 6. 3. can i take got visa stamping with that case ? My parents are coming to US for a visit. 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. Please advise. 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. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? Hi, But now I got an offer from company B. I want to join company B instead of A. Hello Raghu, So they requested a data fix to SEVP to fix my SEVIS record. No I9 and I94 are different. 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? I got my H1B application approved and also done with the stamping on may 2012 . Your employer will file H4 visa along with your H1B application. I have one more offer from company C, My question is Hire Us. I m doing Msc biotechnology. Please hel me if some one knows the rule of H1B Visa. I hope you will be able to help me. My employer hold me till todate. Thank you so much for setting up this website and blog. You need to ask an Attorney. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. Please review this material carefully. I'm Indian, rightnow doing job in Singapore. If my H1b got approved, during the stamping can I submit different SOW and the client letter other than the one that I did submit with the application? It should come to you within 2 weeks. Total stay in US- Never been to US Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. 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 cant advice on questions affecting your legal stay in USA. Ive tried the CDN immigration website. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. will be it be better to go for visa stamping before or after october 1st 2009? It is therefore difficult to predict how long the wait will be for each visa issuance. I am Ram. Or, are there still any possibilities to be rejected? The I-94 reflecting the change of status is attached to the approval notice. Please also be sure to email us a copy of the I-94 printout for your file. What should be the next steps for me ? Can I travel to home country and return without getting my H1b stamp? *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . Is it mandate to get the stamping done and travel to US during the validity period. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. I got my H1 approved and it starts from Oct 1 2009. As I was with F1 status and it will finish from Sept, during one month I dont have no status. Hey You will need to submit new ds-160 to update the employer. i will have to travel to india next month . It would be of great help if you can answer me the above questions. Currently I am getting interview date of March 5th. 3. Congrats on H1B approval. Ask the consulate. Theres no way to update a DS-160 once submitted. First, you must be present in the U.S. at the time your employer files your extension petition. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments I have applied for SSN in near by office. Check the Processing Time, usually, H1B and H4 gets approved at the same time. (or) Am I suppose to have October pay-stub i..e on H1 status. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. Since i am going in Dec 06, 2010 to Dec 19,2010. Please let me know what should be done to correct my DOB??? During this period, prospective petitioners and representatives can complete and submit . Since then i am in india, and did not attend US consulate for stamping. Now my employer is telling me to go for stamping with client A documents. 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. Looking forwardat your best advice. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. within 2 weeks. Please suggest. My H1 is approved as consular processing for FY2017. I have been with this employer before my change of status. Thanks. P.S: also my husband will join me in the US. currently iam in USA This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. This analysis was provided by the USCIS in the form of letter guidance. 1. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments 3. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. The 2004 Hernandez letter remains helpful and relevant even after many years. I wont have time to get my visa changed over to H1B during this trip. Will the company C file new H1B (on what basis) . I am already in the US. Else, it can take months and theres not time limit. My friends are telling like she should give some 221G atleast if she needs to hold approval. Kindly help to understand what are my options in such a case. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. There are some exceptions to this rule. He just received a mail from university that his sevis is terminated and out of status now. A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Our company doesnt support E-2 Visas anymore. Anyone know what is the procedure what we need to follow once we receive acknowledgement? You can also request a "Travel Letter" from our office. There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. Hi, Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. Dose the h4 extension approval usually takes this long after the h1b is approved ? I am in USA on H4 visa. ?Could you please advice me on the same? 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. https://askanattorney.happyschools.com/. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. 2. 1. 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. Please let me know what would be scenario. Does it help for any cap exempt? Am I correct? They applied for my H1B visa and I just got all the documents from them. Any necessary supplementary documentation that may be necessary. Many consulates use an online appointment system for visa applicants. Thank you in advance for your kind understanding and cooperation. Prior to this my OPT ended on 09/26/2016. I am currently living in USA and working as a full-time employee with the same employer for 2years. There is no grace period. Most visa applicants must appear at a consulate for personal interviews. Also, please suggest if people are getting their H1B approved? Hey Please schedule a 15 minutes call. Talk to an attorney ASAP to know your options. I d like to know How long is the approved petition valid for and when last can travel to US ? I went to PAI on 11/18. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. If you move before you receive the notice, call customer service at 1-800-375-5283.. Thanks for this information. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. Always consult an immigration attorney to get your questions clarified. It is possible to go for stamping from other MNC/consultancy with this details? 2. Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. This year if I want to go for a job or higher studies in US. So its always best to check with a consulate first before booking for visa interview date. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I want to share my question to you hope I will get the answer. Can I travel to India in March ? Check with your attorney for suggestions and answers. 1. Help Could it harm my visa to do so? My change of status wasn't approved, so I will have to leave and get my visa. 9. 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. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. In short Yes, but is hat H1 petition still not revoked? You can attend the interview as a family ( H1B and H4) together. I did not get my master's degree yet and luckly i got my OPT started lasy year. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? 6. 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 when I work in consultant, is there any process that should be completed before I travel from India. It is our pleasure to assist you in this matter. Please share if you get any answer so to your question. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. 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. Can I go for stamping here in US consulate rather than going for stamping in India? So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. My friend has a situation where any of your suggestion would do a great help. Your Raghu , Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? When your legal stay/status in USA could be affected, always seek legal help. OPT should be still valid My attorney recommended that I should not travel to India until next summer. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. My status got changed from H4 to H1. My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. Its a direct client. 5. File for L1 renewal with extension provided you have less than 6 months on L1 ( Please consult an expert on the procedure to convert your I94). Mine is a tricky situation. would there be any problem returning US at the port of entry ? 2. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. Can it be fixed before that date ? Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. Now Im confused If my petition was approved on the same day they received my request for PP ? You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. In USCIS site, my case status was changed to approved on July 16, 2015. Hi Raghu, Is that realistic or did we mix things up? 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 . And Ill be working remotely. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. As there are not much requirement during November and December month. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. After coming to US i changed my status to F1 in June 2011. Now my employer is saying that they want me to start from Jan 1 2012. Please do not make plans to travel outside of the U.S. without contacting our office first. 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. We have applied for the extension and we have got the receipt. I am filing my H1b in April 2017. When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. Talk to your Employers attorney. If COS is approved, your L1 is gone! My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. Do I need some documents and letter from my employer before I fly to US? I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? Current Status OPT Then comes H1B Visa approval after a long wait. You can go for H-1B stamping to your nearby American consulate. Hello, I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . 2. As per USCIS website, filing is mandatory but approval is not to work in new location. Will there be any serious issue duing VISA interview. Due to some reasons their department HOD is not going to sign the OPT form. Need to go for stamping to activate my visa. If would get the degree. That will answer all your questions . I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Only your employer can help you with this case. 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. Could you please provide the procedure in this case. 1. I have a family emergency and that made me go from 19th of september to 24th of september. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. If i go what will be the problem to my H1B? Is this a practical scenario? We got new client new location so filed amendment. i9 will be used for your job and visa verification by your employer. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. I feel this might be becoz of the COS as i was not there in US while applying the petition . I was trying to go for masters at the same time so I took both chances parallel . My extension of H1B i129 was approved last week and I am living within US now. Work for Company A generate at least 2 pay stubs and then do the transfer? On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. My questions are But the office location is different and the new address of residence is different state. Hello, If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. If my visa is not approved by the time I leave, will it be cancelled and do I need to apply again from india?

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