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Please do not make plans to travel outside of the U.S. without contacting our office first. After coming to US i changed my status to F1 in June 2011. I got my H1B approved in Dec 2018 from a non-profit Organization. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. My OPT is valid until October 12th. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. My H1B visa is showing approved now. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. Will there be chance for getting stamped if I attend the interview late? (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Kindly guide me what should be my next step. Hi Raghu, 2. 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. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. What is the grace period to file the COS now? There is an option to have your first H1B visa stamped in Canada. 6. I live inside USA and I have valid status. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. I want to schedule my spouse H4 visa interview on Dec 2nd week. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. Do I need some documents and letter from my employer before I fly to US? My company applied for the H1B but are now saying that there are no projects. My question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? I will NOT be travelling out of the country. I was on F1 and recently changed from F1 to HIB. My current project is ending on Dec 28th 2018. or will it be a new h1b and i will be placed in lottery? I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. I got a situation Herr, I got my approval notice for H1B 2016. I have got a questions when you received all the documents to get your visa stamped. You can ask an Attorney here http://bit.ly/hsb-ask-attorney. You are on H1 and you should get paid! Now my employer is saying that they want me to start from Jan 1 2012. 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. Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. Appreciate any help on this to get the SSN ASAP for her to . i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! If you move before you receive the notice, call customer service at 1-800-375-5283.. International travel by foreign national trainees and employees must be planned carefully. My question is what are the consequences of not having the visa stamped immediately. Many consulates use an online appointment system for visa applicants. 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. Is client letter mandatory while attending H1B visa stamping. In order to apply for change of status, the applicant must still be in a valid status. How soon I can change my employer ? Am I considered out of status ? *You do not need to present your original I-797 approval notice at your visa interview. Raghu, As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. I hope i could find an answer to my question . Need to go for stamping to activate my visa. H-1B Specialty occupation Extension of stay in the U.S. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. I have one more offer from company C, My question is Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. Will my current H1-B application get rejected because i dont have these details? 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? We cannot complete the DS-160 for you, but we are happy to answer any questions. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. 3. So in that case i need to attend visa interview again to make my travel. Your visa stamp will reflect the I-797 validity. I am in india right now. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. because i can extend my visa when i am US only. I have received i797c notice of approval. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Again i m talking abt having multiple amendments ( not transfer). Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . What documents should i carry in both situations(processing time and after acceptance of H1B). Is there a way to salvage my petition ? If your visa application is approved it will be processed and mailed/available within 2 business days. Can I get to continue to work with my current visa status (L1, L2 or OPT)? I just wanted to play safe and avoid going for stamping in this trip. I94 validity and with what Visa Type My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. within 2 weeks. This year if I want to go for a job or higher studies in US. Congrats on H1B 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. Please can you share pros and cons for both the options or are they correct options to chose. I got my H1 approved and it starts from Oct 1 2009. or can I go to any country to get H1-B stamping ? Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Another option is to renew my passport and submit application that way. I am scheduled for a business trip from Sep 27th to Oct. 6. or we are good to travel with updated LCA. My employer hold me till todate. I have couple of questions? Such guidance does not carry the binding force of law or regulation. Hi, You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. We are planning to upgrade it to PREMIUM . Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . I've received all H1B related documents from my employer. 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? Hire Us. The persons F-1 and optional practical training (OPT) is valid, so the beneficiary decides to travel outside the United States on August 25, 2022, returning to the U.S. on the F-1 on September 6, 2022, nearly a month prior to the H1B start date of October 1, 2022. I hope you will be able to help me. You can do the math from there. Thank you in advance for your kind understanding and cooperation. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? They may refile or do a MTR. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. Theres no wait time. 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? Travelling to US for the first time. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. Also, please suggest if people are getting their H1B approved? 1. A copy of you VAC-stamped DS-160 confirmation page. Thanks!! Hi, Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. Although even I remember my attorney saying the same thing that we cannot enter US atleast until 10 days prior to Oct 1st I am still wondering if thats true or not. You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. Published research and other works that are in the public domain should be included in the resume. One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. There many waiting to attend interview who got H1B approved last year. 5. Can you please share your experience like what did you do in your case.? F (413) 584-5411 So while paying the visa fees and scheduling appointment, if I have written petitioner name as company A in the profile and not DS160 and my petitioner changes to company B before my visa appointment, then I just need to update DS-160 with company B? My spouse live outside of US. MY H1B visa got approved in the Month of August, 2015 in the USICS site but my Attorney didnt receive any hard copy from US. I will started working with new employer next month . My H1B receipt received on April. Meanwhile he was unable to attend residency and makeup session class in his last semester. Should I cancel my H1B ? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. Which category does this come under. I joined them in 2018 when I was on F1 . My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. I am currently working with a Client A on contract for a year. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. Prior to this my OPT ended on 09/26/2016. Opt Expiration date : December, 2012 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. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Can Someone please help? I just graduated with Bachelors in Computer Engineering from a US university this august. after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 Is her H1B approved on Oct 2008 is till valid ? Should I go to my home country for H1-B visa stamping or it is too risky for me? Till what period my attorney/employer would receive the i797 approval Mail notice. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. I want some time ( may be 1 week atleast ) to resign from present employer. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. My H1B visa has been approved with a change in status (F1 to H1B). I d like to know How long is the approved petition valid for and when last can travel to US ? What was your status when you got denied notice? Hi , I got my first H1B approve in Sep 2011 for 1year. my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. (The LCA received is having the old address). Now my employer is telling me to go for stamping with client A documents. In the question posed, the petition and the change of status had been approved before the person departed the U.S. Now my ques is , I knw i can work on 1 h1b at a time. 2. My friends are telling like she should give some 221G atleast if she needs to hold approval. Please contact our office if you would like to initiate a permanent residence application. The application process for an H4 to H1B change of status is nearly identical to applying for an H1B, with the only difference being the I-539 Form that denotes a change of nonimmigrant status. Got the recpiept on amendment but havent heard anything from USCIS. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Please suggest. Only when you travel. I am on the place as you are. Why are you hesitant to renew your passport? I am in the middle of finishing my last semester of school. Please share on who did you handle that circumstance? There are some exceptions to this rule. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. Start with your employer, employers attorney, if no you can ask via email. 6. What should i do. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. 3. You dont need stamping. Would it give problem to me ? 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 You can go for H-1B stamping to your nearby American consulate. i will have to travel to india next month . 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 ? My H1 got approved in August. I have responded to an RFE and am awaiting the final approval, hopefully. Hello, I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? Will this be ok? Can we come back on L1 visa. You need to apply via lottery. same office location but the new address of residence is in different county. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. You can go for H1B stamping till the date 60 days before its valid. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. My H-1B got approved recently as my employer applied it through Bachelor's degree. 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. Is this a right thing to do ? My H1B(i797) Got approved on may 17th, 2016. Without any paystamps with employer Y. 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). It is possible to go for stamping from other MNC/consultancy with this details? Any help would be appreciated in clarifying the following questions. I have written a blog post that explains why you should seek legal and professional help and not ask certain questions in the forums or blogs. Else when is the earliest to do that?? First, you must be present in the U.S. at the time your employer files your extension petition. Company B is a consultancy company. If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. Any problems with it? I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. We recommend obtaining a new passport with given and surnames if possible. I also got a 5 motnhs gap in my OPT period. It should come to you within 2 weeks. Get approval, then stamping. 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).