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. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. You should have the Approval Notice with you. Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. Myself Bhanu. hi Raghu Please let me know on this. Dose the h4 extension approval usually takes this long after the h1b is approved ? I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. This analysis was provided by the USCIS in the form of letter guidance. 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. We have applied for the extension and we have got the receipt. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. I am on h4 dependent on my husband h1b. MY H1B employer is OK to work with Dell in Austin. Will it pose a problem while getting the visa stamped? Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. Thanks, However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). If you have your H-1B approved, have to get the H1B stamp before entering America. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. H1B Approval notice sent to employer. Going to Canada for my H1B stamping a good option? I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . But I havent taken ay next step considering the COVID situation. My questions are Any help is appreciated. Looks like your COS was abandoned. What happens to my H1 b status? My Employer from India, I have my client at Location X and Location Y. My Green Card process may start early next year. I have applied for premium H1 extendion this week. I know there is recession there in US, but in my case the reasons for not being able to land there are different. Did you transfer your H1B to your current client without working with Employer Y? Activation of my h1b is October 1st 2016. Your H-1B status is valid until the end validity date of your most recently issued I-94. Only French Consulate can answer this question. The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. But my attorney filled the form incorrectly. After 30 days, it will have to be done through an extension with USCIS. Copy of your old H1B approval notice and offer letter, pay stubs, etc. But with some personal issue, I need to travel to India in the 2nd week of April 2019. 2> If I join a different employer after 6 months. Is there any consequences in the case? My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Some changes may require an amended H-1B petition. 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. I am afraid of expiry date, what will be best solution for it . 3. Hello Everyone, Can this be done ? 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. In short Yes, but is hat H1 petition still not revoked? My employer applied my H1B on 4-4-2010. it is still in pending.my question is. I was thinking of traveling to India to get the stamping in the month of November. Would i have to explain why there is a gap between my approval and commencement of work? If you have the approval notice for H1B, then can apply for H4 now. There are two steps involved in changing visa status from H-1B to F-1. reagards Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Thank you. Ideally how much time it takes for the approval notice to reach at our end? The increase in enrollment is due to the removal of travel restrictions . please let me know how many days before the expiry date i have to reach US. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Can I get stamping before October 1 and enter the U.S. on H-1B? 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. You should review all of this information after each H-1B approval. 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. The case is approved on August 23, 2022, with a change of status from F-1 to H1B. I need to go outside US for visa stamping in order to start working and return back with COS. Current Location India As per USCIS website, filing is mandatory but approval is not to work in new location. I have got a questions when you received all the documents to get your visa stamped. Customs and Border Protection (CBP) has implemented an electronic I-94 system. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. If H1 done vs CP, then you will stop working when you enter the US on H4. I am searching for consultancy firms who will file my H1B visa. It seems in either of the two cases I have to attend the visa interview in the home country. I did not have petition copy with only i have WAC no. But due to some issues I am not traveling and will be travelling in 2021. I am on OPT right now till June 2011. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS 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. After visa is approved, you should get the passport within 3 to 4 days. Can I travel outside the US after H1B approval (change of status) but before Oct, . towards the end of 6th year. I am bit worried on this status, can you please help me to understand this status. What are the chances for legal action and getting the money back? The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. So i wanted to schedule the H1B interview by the second week of Oct-09. Currently on a Project HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . Both of our visas got expired as of sep30. So, you can start working immediately. You need paycheck only if your started working on H1. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. I have only LCA ETA form 9035 & 9035E. We got new client new location so filed amendment. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 card will expire on the date your passport expires. Please share if you get any answer so to your question. Without any paystamps with employer Y. Should I have to appear again for visa count ? RFE is answered and I am waiting for the reply. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. Otherwise, the issuance of your visa may be delayed. I am in the middle of finishing my last semester of school. DEC 2015 still waiting for final decision .. Let me know if you have seen this before. I would appreciate any advice on our case. Please help. 2.What are the options to get a valid I-94, without going back to my home country for stamping? Your Do we need to visit counsellte again for stamping? #2 Change of Status DENIED Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- 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. Here I got some confusions.. 1. How much time will it take? I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. Actually I have my H1B ammendment filed for relocation and it is in progress. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. My OPT expiry date: 03 Jan 2017, The H1B petition is approved on July 1st. Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. 2. or we are good to travel with updated LCA. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. 7. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. 1. I got a new project with a start date Jan 2nd 2019. I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? My Lawyer already applied for the amendment, but we didn't get any confirmation from them. I had filled H1B first time and was approved in Ocotber 2016. My attoryney applied for an amendment on June 2nd. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Hi, 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 ?? You must know that you just cannot go for stamping without the knowledge of your employer and receiving all supporting documents. I wasnt planning to go to India for H-1 stamping this year. Im yet to get the mail . I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. I am a little confused as to when to have my visa stamped. So did you apply for STEM extension? The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. 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. 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. You may have different questions with respect to this situation. I know the alternative is to wait together to go as family. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. There many waiting to attend interview who got H1B approved last year. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? I'm currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home? I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. Now, my current employer is asking me to leave the country as my petition was denied. While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. Be practical. I am currently living in USA and working as a full-time employee with the same employer for 2years. How can i go to US now ? I came to US in 2006 for my Master's. If you could pls help answer my below question :