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Without any paystamps with employer Y. What are the chances for legal action and getting the money back? #2 Change of Status DENIED Can I travel to India in March ? 1. Not sure, why they have to say H1 cant be extended. And petition validity is till October 2013. She came to US in H4 Visa in 2009. Activation of my h1b is October 1st 2016. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. My Petition got selected for h1b by lottery. Your employer will provide you the I9 form to fill for them and it's only after your joining! After coming to US i changed my status to F1 in June 2011. Hi This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. Can you please help me in understanding what should I do? I joined them in 2018 when I was on F1 . 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. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. If H1 done vs CP, then you will stop working when you enter the US on H4. 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. 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 H1 is approved as consular processing for FY2017. For how much time can I be on this visa without stamping? can i take got visa stamping with that case ? You can go for H-1B stamping to your nearby American consulate. Updating the address in USCIS website is sufficient or anything else is required? My H1B Status still in Received status, what should be the deadline time to change the statues? My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Again i m talking abt having multiple amendments ( not transfer). 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! Current Status OPT However getting visa appointments in India is also hard so you just pick your poison I guess. Dhara Hi, This year if I want to go for a job or higher studies in US. If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. 2. Ask the consulate. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Till what period my attorney/employer would receive the i797 approval Mail notice. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. Hi, The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. Or should I do the same my employer has asked me to do. What should i do. Travel, whether for personal or professional reasons, can be an exciting . Will there be any issue with that on stamping. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. 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. You can go for H1B stamping till the date 60 days before its valid. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. Now my employer is not ready to offer the job as i am in india, Pls suggest how to get into USA. P.S: also my husband will join me in the US. Meanwhile he was unable to attend residency and makeup session class in his last semester. Later in 2010 I come to US on L1B visa. Please share some information wrt this. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. You have 3 options. in the US, Im in the same location and same client. Hi, same office location but the new address of residence is in different county. Im not sure where you can attend the visa interview from. Or go with the existing Ds-160 and show them the approval notice when questioned. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? Replied Rfe in November , still waiting for results. Please contact our office before making travel plans. but what will happen at the time of stamping.? You can also post it via As an Attorney here. Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. See the questions in there. 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. I am currently working as a full time employee Programmer analyst in e-verified company. The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. My organization inititated HNSC request premium as My current visa will expire by 31Jan . Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. 2. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. 2. In order to apply for change of status, the applicant must still be in a valid status. i9 will be used for your job and visa verification by your employer. Thanks in advance! Case details: Please set aside time to complete this form. If you move before you receive the notice, call customer service at 1-800-375-5283.. My petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. 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. I got selected to start a 3 years residency program at a major US university. 4. 1. I have one more offer from company C, My question is My H1B visa has been approved and I am waiting for my Stamping. So, you can start working immediately. Lets say if my application picked up in lottery and Ill get result in May/June. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. Is there any info for attending visa interview in India? Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. 2. My situation is similar to yours. Thanks. Hi, Will it pose a problem while getting the visa stamped? and my last day in the organization was 11/16/2018. Let me know what does my status mean . The USCIS responded that the travel does not change the equation. I have two queries in regard to stamping. 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? 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?? 4. My H1B got approved from dec 31 2015. You need paycheck only if your started working on H1. You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. 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 travel to home country and return without getting my H1b stamp? 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. Congrats on your H1 approval. Visa processing times and questions can be stressful at times, thank you for replying to the queries. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. 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 ? 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. Hi, Or should I choose the drop box option after I get my initial H1 stamped. Can i apply for the H1 B visa NOW?? But i am planning to change it to H1B. But which document i needed to get stamp by next employer. Should I Marry an American Citizen to Stay in USA? 2. Hello Everyone. 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. Now i am leaving current employer which files H1B & joining another employer. interesting how to apply for dutch passport ? Now can i use my b1 to go to US and stay there with the H1b Approved petition ? So, I think you cant go back. I could say that you can get it stamped from another country ( as other have done in the past). I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. 1. Will there be chance for getting stamped if I attend the interview late? I am in US and my status is F2. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. My H1B has been applied from an MNC and it got approved. A: Status changes are handled by USCIS. You can schedule your visa interview with your receipt number, beginning with EAC or WAC, on your H-1B petition receipt. This is reason I considered going Canada instead. As my OPT ends on Feb 2021, should I go for stamping before that or am I already on H1 and need to go to India and come back to make the change happen? Hey Please schedule a 15 minutes call. 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. 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. Please advise so that i can plan accordingly. Now my ques is , I knw i can work on 1 h1b at a time. 3. This means I will not be able to transfer it to a new employer. My Employer from India, I have my client at Location X and Location Y. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. Can Someone please help? Even for my wife the DOB is wroing in the I-797. A copy of your visa stamping appointment letter. There are two steps involved in changing visa status from H-1B to F-1. 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. 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. Should I cancel my H1B ? Thank you in advance . I have a weird situation. I moved to new the address now (Different State). 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. Thanks for the detailed reply. You have to get the documents first. I am on totally confused stage. 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. 1. or can I go to any country to get H1-B 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). CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Still my application is not approved. So, will my last year case have any impact on this year, as I didnt go last year. But I couldnt get any job because of corono . 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? Hi Raghu, Hi, Which category does this come under. What documents do I need to carry with me to the US consular office and how much time does it take to get the passport back with the visa stamped? 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. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Is there a problem if I travel to India in November? I am getting my H1-B start date as 1st Dec 2010. I want some time ( may be 1 week atleast ) to resign from present employer. I was thinking of traveling to India to get the stamping in the month of November. How soon I can change my employer ? If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. My employer has given me all the documents that he has received from the attorney. you have to provide EAC NO SOME IS VERY HELP FULL. Can you please share your experience like what did you do in your case.? He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. an assumption, I have authorized CPT and went to India on vacation. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). 5. If your application for H1B transfer is approved, you can continue with your job. 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. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. I have the copy of the police report that was filed when I lost my passport. I've a similar situation. I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. I wont have time to get my visa changed over to H1B during this trip. Now I have a tricky time my current client offering full time. A DHS memorandum dated May 16, 2000 states that an alien in .