Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? 1) How Can I know that my Petition was approved using PP or normal processing I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. 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. Please hel me if some one knows the rule of H1B Visa. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). I had not scheduled my visa interview, and I didnt join that company. My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? Hi, 3)if i go late for the stamping is it a problem?? Dhara But now I got an offer from company B. I want to join company B instead of A. Hi Raghu, Thanks in advance! In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. If you told for me to went there and got the stamp when would you suggest? 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 My change of status wasn't approved, so I will have to leave and get my visa. Suppose if August 2021 this is not stamped then what is the further option? kindly help me please. My case got recently approved. But now new i94 , my first name : fnu and last : xxx yyy, I went to apply SSN but they were not able to see my records. What will the case status online if COS is denied and H1b is approved ? I am currently working as a full time employee Programmer analyst in e-verified company. Another option is to renew my passport and submit application that way. My question is what are the consequences of not having the visa stamped immediately. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Some people are waiting in India without having an opportunity to travel with H1 approval. Now can go for stamping or not. It would be of great help if you can answer me the above questions. But to my bad luck , as there are no projects from client who filed my H1B i decided to transfer my H1B visa to an other client which has some projects that suites my profile . Im on F1 Visa Status currently working in USA on STEM OPT. Do I have to apply for OPT extension? Please follow any instructions provided by the counslar at the time of your interview. He would really like to get some help from a professional to make sure that all the documents are correct. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS hi Raghu My case falls under h4>h1. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status But i couldnt see my employer sending me for visa interview. 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. Thanks Raghu. The new employer transferred his H1 again and it is in premium processing currently. Are some people still awaiting their h1b visa approval? After going there i would like to change my status to H1B from F2. or It was just a coincidence and my petition was approved on the same day using normal processing ? is this usual? Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Also after receiving my I797 notice, can I go and apply for SSN? Will this be ok? Can I attend the interview by oct-09? Theres no way to update a DS-160 once submitted. For information and tips on filling outForm DS-160, please see this website. or can I travel after my acceptance of H1B. You dont have to wait until September or October to get Visa stamping for H1B. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. Mine is a tricky situation. My H1 stamping was expired and my currrent petion is valid up to Jan16. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? Nationality- Indian I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. I have my new passport with me. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). Change of Status(COS) or Consular Processing (CP). My Green Card process may start early next year. Can I reclaim the h1b in anyway that was approved in 2018 i.e file through another employer without cap restriction,but I have no details (and the employer wont share any details)? If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. What is the consequences of never stamping or late stamping ? Now my question is after approval how long i can wait to fetch my first job? I would like to know if this will cause any problems when i go to India for my H1 Stamping?? file MTR or appeal. 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. 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). I am in US with H4 dependent visa in which I wasnt authorized to work. So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? You should consult your employers attorney . The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. Would my H1B visa expire at some point if I do not adjust my status? In the past, this was an option, but currently, only visa renewals can be done in Mexico. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? I came to US in 2006 for my Master's. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Without any paystamps with employer Y. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. I94 is generally used for your entry and exit in US. OPT should be still valid Same company, same role. Your visa stamp will reflect the I-797 validity. 4. I got married after 10 days of my H1 stamping. Iffurther information is needed you will be contacted. If this happens, please contact us so we can discuss how to maintain and extend your status. What are our options ? I had not scheduled my visa interview, and I didnt join that company. 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? You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. 5. Waited for i-129 approval but dont want to waste the chance of F1 visa. What should i do. The original I-797 approval notice. First, you must be present in the U.S. at the time your employer files your extension petition. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. 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. Then comes H1B Visa approval after a long wait. But during H1-B stamping what should i defend, if questioned about this? Will he be able to go and attend the stamping? Now my employer is telling me to go for stamping with client A documents. Any help will be really appretiated.Thank you all. But I too am in a same boat, Hey Raghu. Your email address will not be published. Can you tell me when can they apply for H4? 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Is her H1B approved on Oct 2008 is till valid ? Can I join B without any issues/legal hassles? My DS 160 form status too in Administrative processing, can you please help me what should I do now? H1B will have a start date, so you can enter upto 10 days before the start date. However getting visa appointments in India is also hard so you just pick your poison I guess. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Nevertheless we would like to stay and work in the US. Can i still get my H1B stamped? 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? If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. Let me know if you have seen this before. I also got a 5 motnhs gap in my OPT period. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. Is it possible to transfer my H1B without any issues? Depending on your status change. Please be sure to do the same for your dependent(s). You will need to talk to an Immigration Attorney for your situation. So what shall we do ? 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. I still did not receive my And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) I am already in the US. But employer says that he has not yet received the 797. Is the H-1 Visa STAMP required to start the process for Green Card? 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. Hi Raghu, What happened ? My H1b got approved for Fiscal year 2015 on 5th Dec,2015. I have couple of questions? or can I go to any country to get H1-B stamping ? My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. Please post your question in Q&A section. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. I have a valid F1 visa till 2021. But due to some issues I am not traveling and will be travelling in 2021. If you are interested in reaching out to us, please click here: P (413) 584-3232 Total stay in US- Never been to US 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Employment duration with present employer 6 months. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. 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. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. Then link the new DS160 to appointment confirmation (via travel docs). Once USCIS receives my application, will the decision on approval of H1B be made in about 15 calendar days? I am very new to this blog. You have to get the documents first. e.g. Travelling to US for the first time. My OPT extension came in effect from 10/01/2016. Now I have a tricky time my current client offering full time. whether can I come back to US? Shilpi- did you get an answer to your query? 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? Hi, 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. and want to convert my visa to H1B visa next year. I have got my h1 approved october 20th. You can also post it via As an Attorney here. My employer is saying security check is going. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. 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. My H1b approval is expired last month. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. My employers attorney has filed a service request too with USCIS, but no updates yet. During this period, prospective petitioners and representatives can complete and submit . 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 ..??? Were you able to find out whether we can apply for COS or how did you go forward? Can i be denied my h1b visa stamping because currently i am not teaching? 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. 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. But due to unavoidable situation ,I need to travel to india. My H1B visa has been approved and I am waiting for my Stamping. Post the question to Attorney Murali via Ask an Attorney. How this H1B visa be utilized in these two cases: H-1B and O-1 Travel. My approval notice has mentioned Montreal consulate, now i have moved to Calgary. My passport is changed after I applied my H1B lottery due to spouse name addition. I got my initial H1B Approved From OCT 2019 to Jan 2020. 2. They applied for my H1B visa and I just got all the documents from them. 1)Do you think my visa can get transferred to company B?? Current Status OPT Could you please let me know all the possible options? Check the Processing Time at USCIS page. Can you please help me in understanding what should I do? My employer says it could take upto 4 weeks. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. I am in India. 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. But i have not received hard copy of documents. Has any one got H1-B petition approval notice ? 2. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. #2 Change of Status DENIED But I am considering the former option. I entered US 14 days prior to the start date mentioned on my i797. Ask it via Ask an Attorney ( through this blog ) 2. did your employer provided you a copy of h1b petition application to you? Some changes may require an amended H-1B petition. Like you mentioned in your comment, my H1B petitioning employer let USCIS know that I was no longer employed by them. and my last day in the organization was 11/16/2018. You can start from here https://askanattorney.happyschools.com/ You need to ask an Attorney. F1 Visa Expired in July, 2012 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? DEC 2015 still waiting for final decision .. My passport was stolen on 05/28/2017 in Los Angeles. H1B Approval notice sent to employer. Will the H1B come in effect from 10/01/2017 ? Hi Raghu, thanks This is reason I considered going Canada instead. Does anyone know how long an amendment takes? You need to find new employer. Suppose assume that im transferring in next month December. If i go what will be the problem to my H1B? 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. Please suggest me. 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). I am on F1-OPT, and my H1 gets valid from Oct. 1. Again i m talking abt having multiple amendments ( not transfer). ** Note that the name on your passport must match the name on your I-797 approval notice. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . It is really helpful for the candidates like me! My applied for H1B through my current employer. Why are you asking questions impacting your status on forums? Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. 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. My H1 transfer is approved by employer B (new employer) and I received an approval notice. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? 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.". E2 EAD maybe better then H4 EAD. also one of my friend lost his 221G how can we get the copy of 221G? 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 check if Transit Visa is required for Paris. My case status is as follows: 1. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. Should I Marry an American Citizen to Stay in USA? Now My employer requested me to come to USA. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. When he asked to return the money they are not willing to do so My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. I94 validity and with what Visa Type I think I can work as consultant initially and transfer H1B. 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. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? Will that be enough to show employer and employee relationship or still end client letter is required ? If you continue working, you run the . or reasonably safe to do so ? But before interview i will get my new H1B extension petition. 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. My Petition got selected for h1b by lottery. would there be any problem returning US at the port of entry ? 2. I recently quit the company i was working for. But I never travelled on this VISA. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. My H1 b petition is approved 2008 June , I didnt went for stamping . We are currently stating in US.