travel after h1b change of status approved

Why not get H1B stamping and enter US? If yes then what would be the approximate cost of status change ? While it may not be possible to avoid pointed questions about the applicants job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g): After your appointment, you should be able to track the status of your application on this website: I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Please help me by providing answers to these questions. Went for stamping in Hyd and the status is pending. You should have the approval notice (I-797) form. Thanks !! This may help a consular office understand that your work does not have potential application for national security or terrorism. Current Status OPT If I can return on F1 visa what is the last date I can enter with F1 visa? My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. Can you please help me in understanding what should I do? Here are some frequently asked questions about applying for visa stamps: I have been approved H1b for teaching through my first degree in education, thus bachelor of education in science. However, there are a few things you need to know before you travel. It will be bumpy ride. Based on these facts, the change of . I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. 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 . We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. ( was on H4 earlier). You will fill DS-160 as if you are going to attend an interview with Company A. Raghu , 1. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? I recently quit the company i was working for. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice My employer hold me till todate. In 2018 November I had to leave US and (the organization where I was working) because of a family Dont try to save on FICA taxes . My H1B(i797) Got approved on may 17th, 2016. I travelled India when he was on H1 status and I do have visa stamping till March 2019. You need an H1B stamp to enter as H1B status. as supporting documents, if asked. Please share if you get any answer so to your question. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. 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. H1B from withon previous 6 years will not count under Cap. My OPT is valid until October 12th. 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 . Yes you can but you need the approval notice. My next employer is ready to stamp. By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. If there is an error,check here for instructions on how to fix an I-94 card within the U.S. Once you receive your visa, please forward a copy of the visa and I-94 card to our office. My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). Will the company C transfer H1B (I dont have pettion copy or approval notice with me) If I get a new job from a different employer, can the new employer use my current approved H1B petition and apply for transfer or may be L1 to H1 with COS (cap excempt) or any other option? Is there a way to track the status? In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. I dont know if you can start working if online status says approval. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. Can you tell me when can they apply for H4? I was trying to go for masters at the same time so I took both chances parallel . Yes, if #1 is True. file MTR or appeal. Is there any company who can do H1 B visa can just reply me. I94 is generally used for your entry and exit in US. Or, do I need to wait until I receive the hard copy of approval from USCIS? @Fanny We don't provide legal help. 2) My H1B is filed by employer based in Seattle. I had not scheduled my visa interview, and I didnt join that company. Now my doubt is will my h4 will be questioned if I go to India. (same sate). Also, please suggest if people are getting their H1B approved? Even when I work in consultant, is there any process that should be completed before I travel from India. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. Please do not make plans to travel outside of the U.S. without contacting our office first. He just received a mail from university that his sevis is terminated and out of status now. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. 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. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments 1. Hi Raghu, My EAD ends July 10, 2020 and my H1B got approved June 11,2020. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. 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. Not sure, why they have to say H1 cant be extended. I've received all H1B related documents from my employer. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. If you have the approval notice for H1B, then can apply for H4 now. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). If so, how long does it take to receive the hard copy of approval after the decision is made? I have the same concern being in the same situcation as Shilpi mentioned 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. I think 6 years will start when H1B status is activated. 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. Will the company C file new H1B (on what basis) . Billing, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, I am filing my H1b in April 2017. Should I go to my home country for H1-B visa stamping or it is too risky for me? 1> If I join same employer (who filed my H1B) after 6 months No I9 and I94 are different. should I get back to the US before the 7th of July ? I am currently on OPT with H1 Approved status starting from Oct 1, 2016. 2. I received my H1B approval notice yesterday. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. What form do I have to submit for the visa interview? Im not sure how USCIS treats the approved petition. I was planning to travel to India once my case gets approved. 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. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. You will eventually need H1 stamped right? I filed the petition under masters quota and with COS . I came to US in 2006 for my Master's. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. My employer saying till january I may have to wait. If you do premium processing, then you can get approval in May/June. I want to schedule my spouse H4 visa interview on Dec 2nd week. Would it give problem to me ? Visit this page frequently to know the latest updates. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. My change of status wasn't approved, so I will have to leave and get my visa. Which category does this come under. My employer has given me all the documents that he has received from the attorney. I have got my h1 approved october 20th. I am also in same situation. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Talk to an attorney ASAP to know your options. Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. Need to go for stamping to activate my visa. Hi Raghu, Still the status show it is under review, I am not sure what is the processing time in general. We are planning to upgrade it to PREMIUM . Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. Or do I need to work with employer Y at least few months? You can attend the interview as a family ( H1B and H4) together. We got new client new location so filed amendment. 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)? Thank you in advance for your kind understanding and cooperation. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. 1. My employer files an H1B cap-subject petition for an F-1 student on April 1st. You should check if Transit Visa is required for Paris. My H1 is approved with COS. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. It is our pleasure to assist you in this matter. 1. My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. interesting how to apply for dutch passport ? Is there any special rule for this type of scenario? Hello, Is that petition is valid now ? Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. or reasonably safe to do so ? Am I considered out of status ? I did not have petition copy with only i have WAC no. After your H1B Visa is approved, you have to follow the path back from USCIS. It should come to you within 2 weeks. During this period, prospective petitioners and representatives can complete and submit . Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. Will my visa become invalid or will it still be valid after few months? I m planning to go to USA. Hi, Both of our visas got expired as of sep30. I have responded to an RFE and am awaiting the final approval, hopefully. I am scheduled for a business trip from Sep 27th to Oct. 6. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. How do keep it active? So, you can start working immediately. I am in US on F1 visa now. So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . Please help! If this happens, please contact us so we can discuss how to maintain and extend your status. I have a valid F1 visa till 2021. Thanks for the detailed reply. 4. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. 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. Could you please tell me the process how you got the H1B.I am also looking for one. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Based on that the following are the cases that I landed up). Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? Travelling to US for the first time. I would appreciate any advice on our case. Once I check that my H1B is approved on the internet, can I start to work right away? Your H-1B status is valid until the end validity date of your most recently issued I-94. Now things here are going good so thinking to change to new client and new location again. We are currently stating in US. After approval of my petition, how long can i wait for change of status or getting stamped ? Hey check with your new employers attorney or one of our attorneys Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. For ex. I just got this notice, but does it mean I got approved to technically be H1B status? Are some people still awaiting their h1b visa approval? My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Hey Please schedule a 15 minutes call. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. Myself Bhanu. The USCIS responded that the travel does not change the equation. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. Hi Rk, we are in same situation, can u please let me know what you have done. or can I travel after my acceptance of H1B. So in that case i need to attend visa interview again to make my travel. 1. My H1B Status still in Received status from sep 11 2015.I have to go to India in another 10 days. If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. even if my h1b is for a non-profit institution ? Your employer will provide you the I9 form to fill for them and it's only after your joining! Opt Expiration date : December, 2012 It got approved on 12/06/2016. 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. Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS What was your status when you got denied notice? If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. 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. 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. Plus, check to make sure your H1 is not withdrawn. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. My employer processed my H1 last year and luckily my petition was selected in the lottery as well was approved. My status got changed from H4 to H1. hi Raghu My case falls under h4>h1. Currently I am getting interview date of March 5th. 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. 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. Will there be any issue with that on stamping. I live outside of the US, and only 10 days to find apt and get ready to work?? Is there any consequences in the case? Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- Do I need to get a date from consulate to get H1B Stamping in India? document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. I am on F1 status , and its valid till feb 2018 . Hi Raghu, You can start working on H1 as per the Start Date listed on the Approval notice. First Do i have any problem in visa stamping? After visa is approved, you should get the passport within 3 to 4 days. Is there a way I can reenter the States using my current F1 visa? I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). Current Status H1B Approved I got my H1B stamping done last year in Sep 2009. If not what should I do ? Is it possible to transfer it to my new employer. But, do you want to wait around to get into H1B under this current scenario? if so, what should I do for a month? So, I think you cant go back. My H1 got approved in August. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. Hi, But, exactly how much is that?. Your email address will not be published. Thanks. I94 validity and with what Visa Type Not sure about I94, visa type is H1B The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. I am bit worried on this status, can you please help me to understand this status. If yes, I need to get updated project/client related documents from the employer who filled. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. i got my first H1B approve in Oct 2009. On April,15 a Company A filled my H1 work visa. But : International travel by foreign national trainees and employees must be planned carefully. I have received i797c notice of approval. My H1B receipt received on April. Can some one help me to find what is the ideal solution? I checked my petition status here: 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?? Since i am going in Dec 06, 2010 to Dec 19,2010. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. 3. what happens if i leave US before october and couldn come on time. I have my H1B visa approved. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. Only when you travel. Check the Processing Time at USCIS page. How long can it be allowed/valid to be stamped? I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). 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. Thanks Raghu. 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. Hi, 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. My H1B status is approved . Do you want to know how many F1 Students changed to H1B Visa Exact Numbers? You dont need stamping. Or should I choose the drop box option after I get my initial H1 stamped. and stamping. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. Sorry. Can i still get my H1B stamped? Your employer will file H4 visa along with your H1B application. did your employer provided you a copy of h1b petition application to you? Applying H1: Apr1st 2016, Which one is the better option? Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? My current project is ending on Dec 28th 2018. You dont have to wait until September or October to get Visa stamping for H1B. If you live outside the United States, you can schedule your H1B visa interview. Will I have to go for stamping to stay in the country? Please review this material carefully. I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? H1B will have a start date, so you can enter upto 10 days before the start date. Always consult an immigration attorney to get your questions clarified. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? Thats the conversation you should have with your employer and attorney. I have the same doubt. No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. 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. Why are you asking questions impacting your status on forums? Since then I have acquired alot of helpful information that has helped me tremendously. Sorry, They gave Master service agreement and PO copy between them and client. 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. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. But I am considering the former option. My questions are: You cancheck visa-waiting times here, and you cancheck consular procedures here. But, if you get denied, Im the one to blame. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. I have already used my OPT and OPT extension. I got my initial H1B Approved From OCT 2019 to Jan 2020. What will the case status online if COS is denied and H1b is approved ? Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? Hi, 1. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Once you are in US ask the new employer to file for COS with I94, 2. Please suggest. Is this a right thing to do ? I need to go outside US for visa stamping in order to start working and return back with COS. My Employer from India, I have my client at Location X and Location Y. Or my H1B has to be stamped in my passport to be eligible for employer change? You should consult an attorney to see what options you have. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. also one of my friend lost his 221G how can we get the copy of 221G? Please let me know if this is advisable and if not what are the consequences. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Check with your attorney for suggestions and answers. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. and my last day in the organization was 11/16/2018. Replied Rfe in November , still waiting for results. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. 3. Will there be any serious issue duing VISA interview. Consultant with whom i processed my H1 is no longer reachable. Later in 2010 I come to US on L1B visa. 2. My H1b approval is expired last month. If travel is required, advance planning and early visa application are critical.

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