travel after h1b change of status approved

My approval notice has mentioned Montreal consulate, now i have moved to Calgary. You don't have any gap. in that case while coming should i need H1B visa stamping or can i re-enter on f1 only? I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. First, you must be present in the U.S. at the time your employer files your extension petition. I live inside USA and I have valid status. Im on F1 Visa Status currently working in USA on STEM OPT. My H1b approval is expired last month. I started working since 6 months in pretty big company. Can you tell me when can they apply for H4? 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 ? In Mar 2019, my employer had filed an amendment for change of location. Now again i am filing H1B. You should review all of this information after each H-1B approval. with the application itself. I have a question, please guide if you can. There are two steps involved in changing visa status from H-1B to F-1. I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? We sent you a notice that explains why we moved your case. After visa is approved, you should get the passport within 3 to 4 days. Start with your employer, employers attorney, if no you can ask via email. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. Check the Processing Time, usually, H1B and H4 gets approved at the same time. If you travel out of US, when your H1B COS application is pending with USCIS, they will abandon your Change of Status part of the application. or reasonably safe to do so ? I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. You should try to transfer before they withdraw. I have the same doubt. What are all the details/documents required for scheduling the interview? I got my initial H1B Approved From OCT 2019 to Jan 2020. I have got my h1 approved october 20th. I got my H1B COS from F1. Let me know what does my status mean . We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. 2. 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. Appreciate any help on this to get the SSN ASAP for her to . Travel, whether for personal or professional reasons, can be an exciting . I know so many who got benefits from the second degree (completing it). However, i have also pursued a masters degree in Environmental science with which i am working right now. Or go with the existing Ds-160 and show them the approval notice when questioned. You can start working only after the start date on I797 approval notice for new H1 petitions. Currently i am staying in Kuwait for some project work. But, if you get denied, Im the one to blame. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. 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. Whether my H1B will be denied etc? I am Ram. I got my H1B stamping done last year in Sep 2009. I just got my H1B approved. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. 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? My H1B(i797) Got approved on may 17th, 2016. I have checked my status online and it says , we denied your i129 and mailed you the decision . Please share if you get any answer so to your question. It is therefore difficult to predict how long the wait will be for each visa issuance. Raghu, Now in ds160 I have filled new passport details. 3. 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. pls suggest your valuable guidance. 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. But I have left from the company which applied my H1B. 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. I hope i could find an answer to my question . NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. Not advisable . I think 6 years will start when H1B status is activated. 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. 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. Case 1: when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. because i can extend my visa when i am US only. My company applied for the H1B but are now saying that there are no projects. What are the time lines for this modification?? I came to US in 2006 for my Master's. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Please help addressing tis issue. From April 1 your status will be H1. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. My attorney told you can get stamped anytime before your STEM OPT expires my question is. But they did not send me for stamping. Hi Raghu, Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. 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. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? In this scenario do I need to go to home country for H1B visa stamping? how soon and in what way I can travel to the USA ASAP. Thanks. Im not sure how USCIS treats the approved petition. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. Hire Us. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? Is that petition is valid now ? 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. Location change is from my employers location A to location B. Your H-1B status is valid until the end validity date of your most recently issued I-94. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? Currently I am on F-1 Student Visa. 2. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. 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. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? You can go for H1B stamping till the date 60 days before its valid. Thanks, A friend of mine introduced me to this blogg since 2010 before coming to US for my Masters. Do you see an issue with this? You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. Your employer will file H4 visa along with your H1B application. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. If this happens, please contact us so we can discuss how to maintain and extend your status. 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. I have received the approval notice which is valid till June 2020. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. Should I go to my home country for H1-B visa stamping or it is too risky for me? Plus, check to make sure your H1 is not withdrawn. Questions about affecting your status should be posted to an Attorney . 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 . There is a limit, or "cap," on the number of individuals who can receive H-1B status every fiscal year. So if I get my H1b visa picked up in lottery what should be the answer at the time of interview for why I did not go bk on F2? Check the Processing Time at USCIS page. 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, I have 2 questions: Hi, my OPT extension is valid until June 2018. This option is explained here for the benefit of MurthyDotCom readers. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? Total stay in US Hello Raghu, 3. what happens if i leave US before october and couldn come on time. 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. My Petition got selected for h1b by lottery. No. Prior to this my OPT ended on 09/26/2016. Will company B create any problem for me? I am in india right now. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. 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). Please contact our office prior to making irrevocable travel arrangements to discuss your plans. Will it pose a problem while getting the visa stamped? I will appreciate any legal and serious advise on this matter. 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. What is the maximum duration I can wait before going for stamping. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. 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. Hey RFE and travel puts you in tough spot. 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). If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. I dont know the answer. Currently I am in my home country. Till when can I continue my job on L2-EAD? Published research and other works that are in the public domain should be included in the resume. Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Congrats on H1B approval. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? But, you would need a valid US visa (other than H1B) to re-enter the USA. All Rights Reserved. I have sent them my approval notice also. Also, I am planning to apply for h1b for next year. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. Sumit, if you want faster processing, then convert to Premium. Now I have a valid petition and stamped Visa both valid till Jan-2023. But I never travelled on this VISA. Timing is upto you based on your circumstances. is this usual? 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. My employer specifically mentioned that they will revoke my petition on or before 30th September. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. Next Steps After H1B Visa Approval - Change of Status or Stamping My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Do I also have to inform my University of the COS? You can alter the auto-generated information to tailor it for your dependents. My H1B has been approved and I am currently in USA. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. I moved to new the address now (Different State). and want to convert my visa to H1B visa next year. 3. Could I have issues at the port of entry airport because of the H1-B pending? All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. My questions are: So when my transferred petition approves i would be having only 4months from the visa expiry . (Shilpi says: December 3, 2011 at 1:42 AM). Please be sure to do the same for your dependent(s). I am currently working with a Client A on contract for a year. Travelling outside US when H1 B is under process is that a problem? my status showing as below. Why are you giving incorrect info? The original I-797 approval notice. 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). I know there is recession there in US, but in my case the reasons for not being able to land there are different. When your legal stay/status in USA could be affected, always seek legal help. Suppose if August 2021 this is not stamped then what is the further option? I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. 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. What should be the next steps for me ? So what shall we do ? But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. However, there are a few things you need to know before you travel. Now, Without working for Company A who sponsored the H1 , can we transfer the H1B to Company B? I just want to know what all documents I have to collect from my employer. can you tell me do i need to pay the complete fee or no. My case got recently approved. Its a direct client. 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. On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. 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. I am a Canadian who has been working in the US with TN visas in the past. Otherwise, the issuance of your visa may be delayed. I have both passports with me. 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. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? We cannot complete the DS-160 for you, but we are happy to answer any questions. Your My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. F (413) 584-5411 If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? Could you please tell me the process how you got the H1B.I am also looking for one. I am expecting that hard copy of my Visa documents will reach to my employer within next 10 days. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didnt leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. caroline. If you do premium processing, then you can get approval in May/June. Ask your employers attorney My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. It seems in either of the two cases I have to attend the visa interview in the home country. if yes then how. 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. But employer says that he has not yet received the 797. 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. Can I travel internationally when H1b is approved but not - Quora can I travel and come back without any problem? Do I need some documents and letter from my employer before I fly to US? While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Can I attend the interview by oct-09? So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. also one of my friend lost his 221G how can we get the copy of 221G? 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. Travel while H1B Pending (Extension, Transfer, Amendment, COS) Thats measn your OPT will be extended till Oct1, when your H1B becomes active. Thanks for the great information. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. I have not gone for stamping yet. Now company forgot about my master's degree. Sorry, They gave Master service agreement and PO copy between them and client. If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. Hi, MY H1B employer is OK to work with Dell in Austin. I have asked US HR already and they advise that travel is possible with the FedEx receipt number. Last october 2015 my passport got stamped for F2 visa and approval came till 2020. However, the USCIS has generally applied the analysis contained in the letter since 2004. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Is it necessary to work in petitioned company, while going for an H1B interview. 2. Hi Raghu, approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. Use the https://forums.happyschools.com/ for Q&A. My petition is approved for the year 2015. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. Is there any dependency of result of one amendment on the other. 1)Do you think my visa can get transferred to company B?? Mine got approved on 12 Nov, Still waiting for 797. If I go for stamping in India for H4b will I have any problem ? I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. If yes how.? 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. 3. But, theres no status for mailing the notice. My Employer from India, I have my client at Location X and Location Y. Or should I do the same my employer has asked me to do. My employer has given me all the documents that he has received from the attorney. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. HIMy H1B got approved from Oct 1st, 2019 to Dec 31st 2019. The H1B petition is approved on October 27th. Your H-1B status is valid until the end validity date of your most recently issued I-94. Visa processing times and questions can be stressful at times, thank you for replying to the queries. My H1 b petition is approved 2008 June , I didnt went for stamping . I have been postponing travel abroad because it is not suggested while approval is in process. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. 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.