travel after h1b change of status approved

I never traveled to US before. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. After H1B Visa Approval Notice Sent Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. You can do premium for faster approval. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. Please let me know on this. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. Im in the very same situation as you were in. Hey You will need to submit new ds-160 to update the employer. Now I have a valid petition and stamped Visa both valid till Jan-2023. Hi Raghu, I got my first H1B approve in Sep 2011 for 1year. 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. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. Is it ok to wait for more than 3 momths after my H1 approval? Is there a problem if I travel to India in November? The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . i9 will be used for your job and visa verification by your employer. My H1B was on RFE. The DOB is in the new I-94 which is at the bottom of the I-797 document. 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! He would really like to get some help from a professional to make sure that all the documents are correct. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. After visa is approved, you should get the passport within 3 to 4 days. RFE is answered and I am waiting for the reply. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. 3. I have valid H1b petition until 2014. You need to find new employer. Hi Raghu, I got My H1b approved and started from October 1st, 2019. 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. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). P.S. 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. or is that an approval notice? Unfortunately the communication with the US embassy here is very complicated. But employer says that he has not yet received the 797. Would my H1B visa expire at some point if I do not adjust my status? 2. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. Current Location India We are currently stating in US. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. Im yet to get the mail . Can I have my first H1B visa stamped in Canada? I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? You can also request a "Travel Letter" from our office. If documents doesnt come by the time you leave then you can ask your employer to mail it to you. And now his petition is getting expired in july 2011. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. I had not scheduled my visa interview, and I didnt join that company. I think 6 years will start when H1B status is activated. 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. The I-94 reflecting the change of status is attached to the approval notice. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. https://premium.happyschools.com/course/consulting/, Hi Raghu, https://askanattorney.happyschools.com/. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. 2. what other docs would I need to carry with me apart from my COE petition notice and approval document I-797 ? Please let me know. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. My friend has a situation where any of your suggestion would do a great help. I ll be grateful if you can guide me for this. I moved to new the address now (Different State). What are the chances for legal action and getting the money back? A copy of your visa stamping appointment letter. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. I cant advice on questions affecting your legal stay in USA. Thanks!! Currently I am in my post completion OPT. 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. Is the H-1 Visa STAMP required to start the process for Green Card? Anyone know what is the procedure what we need to follow once we receive acknowledgement? My question is what are the consequences of not having the visa stamped immediately. It is really helpful for the candidates like me! Will it create problems during H1b stamping in India during interview ? (or) Am I suppose to have October pay-stub i..e on H1 status. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. You are right. 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. 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. Typical administrative delays are 2-4 weeks, but some are much longer. We got new client new location so filed amendment. Will there be any serious issue duing VISA interview. Will there be chance for getting stamped if I attend the interview late? H1B Approval notice sent to employer. My case is approved for H1 B cap for year 2017. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. Please suggest me. I live inside USA and I have valid status. 2. all the same forms, and interview etc? So can i go to home country and stamp H1 on Aug 1st week or 2nd week. If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. Still the status show it is under review, I am not sure what is the processing time in general. Your employers attorney should have given you these details. On April,15 a Company A filled my H1 work visa. Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. 3. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. I have an H4 visa and live in USA. I have both passports with me. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. 1> If I join same employer (who filed my H1B) after 6 months Is it necessary to work in petitioned company, while going for an H1B interview. I got my H1B approved for the year 2012. You should check if Transit Visa is required for Paris. Is it dangerous? My friends are telling like she should give some 221G atleast if she needs to hold approval. will be it be better to go for visa stamping before or after october 1st 2009? If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? Please share on who did you handle that circumstance? For purposes of the cap, each fiscal year begins on Oct. 1 of the prior calendar year. I am not sure how strict the immigration about it. 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. 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? My spouse live outside of US. You have to understand the concept of H1B Visa and Change of Status. After your H1B Visa is approved, you have to follow the path back from USCIS. Please share your case. Ive 4 years work exp. Do I need some documents and letter from my employer before I fly to US? My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. My petition got approved. Now company forgot about my master's degree. or can I travel after my acceptance of H1B. Company B is filing H1b for me. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. Later in 2010 I come to US on L1B visa. 2023 Murthy Law Firm. Please be sure to do the same for your dependent(s). Is i am eligible to stamp by next employer OR my petition is waste. I agree with your attorney. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. Why are you giving incorrect info? You will eventually need H1 stamped right? reagards You can go for H1B stamping till the date 60 days before its valid. Such guidance does not carry the binding force of law or regulation. My extension of H1B i129 was approved last week and I am living within US now. I still did not receive my Thank you for the answers, Rao and Raghuram! 1. Currently I am getting interview date of March 5th. For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. Total stay in US What should I do now ? Even if my H1B COS is approved either before they travel or while they are travelling in June/July? with the application itself. currently Iam on H4 status and applied for H1B 2017.My case got picked up in the lottery and current status is RFE. Please post your question in Q&A section. Hey RFE and travel puts you in tough spot. Could you please let me know all the possible options? Can you tell me when can they apply for H4? I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. Currently I am on F-1 Student Visa. 1. I've received all H1B related documents from my employer. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Will it pose a problem while getting the visa stamped? If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Will that be enough to show employer and employee relationship or still end client letter is required ? Is it possible to continue with my trip to India? Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. Hi Raghu, It seems in either of the two cases I have to attend the visa interview in the home country. There will be a visa fee of at least $190 for each machine-readable visa issued. Help can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. Could you please provide the procedure in this case. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. I just got this notice, but does it mean I got approved to technically be H1B status? Now My employer requested me to come to USA. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Please share if you get any answer so to your question. I am still on my OPT that runs till next year June. Should I Marry an American Citizen to Stay in USA? How to Apply for H1B from H4 Visa Status. OR Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. They would have to file COS from H4 to H1 ( and they can do in Premium). This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. And new passport have details of older passport in it. My friend is going to graduate with MS in the 1st week of may 2013 (next month). You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Some people are waiting in India without having an opportunity to travel with H1 approval. I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? But She didnot gave me any slip but she got my passport and the H1B amendment reciept. I wasnt planning to go to India for H-1 stamping this year. list of documents required for H1B Stamping. I was planning to travel to India once my case gets approved. i will have to travel to india next month . my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. When can I start working for the employer? Please let me know, Hi Accurate I-94 records control your lawful status: they are very important. If you are interested in reaching out to us, please click here: P (413) 584-3232 I am in India. 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. Copy of your old H1B approval notice and offer letter, pay stubs, etc. Let me know if you have seen this before. Not its not valid. 2. 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. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? How long does it take to recived the hard copys to my petitioner? I have checked my status online and it says , we denied your i129 and mailed you the decision . My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. I hope you will be able to help me. an assumption, I have authorized CPT and went to India on vacation. 1. 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. https://askanattorney.happyschools.com/, Hi , Hi For ex. Check the Processing Time at USCIS page. P.S: also my husband will join me in the US. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. Can I put resignation and wait to join other employer ? Iffurther information is needed you will be contacted. But my Visa Petition status is showing active and approved. Thanks. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. My question is how many days do I have before I join the work and use my H1B status ? H-1B and O-1 Travel. Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. Hi Raghu, I have two queries in regard to stamping. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. As per USCIS website, filing is mandatory but approval is not to work in new location. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. Now I am just wonderign if I can use my older h1b approved petation somehow if I want to move to H1B visa. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. I am a little confused as to when to have my visa stamped. Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Ask the consulate. Currently I am in my home country. Your article mentions that we can reenter the US only after October 1st. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. My first trip to Canada will be August 2011. Again i m talking abt having multiple amendments ( not transfer). Ask your attorney or submit this via Ask an attorney by Email. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. My H1B got approved from dec 31 2015. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. caroline. Applying H1: Apr1st 2016, Which one is the better option? Else when is the earliest to do that?? Hi Raghu, I have a question regarding H1B visa appointment. Actually I have my H1B ammendment filed for relocation and it is in progress. But with some personal issue, I need to travel to India in the 2nd week of April 2019. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 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. Billing Emailaccounts@cbkimmigration.com, 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, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. Can i be denied my h1b visa stamping because currently i am not teaching? USCIS now provides a copy of the I-129 petition directly to US consulates. 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. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. I received my H1B approval notice yesterday. Do I need to go for stamping again after his H1 gets approved with new employer? You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. My OPT expiry date: 03 Jan 2017, Hello Everyone, H1b extension is taking about 5 months for regular processing. 1. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. Is it mandatory to get the H1B VISA Stamping after the H1B is approved. How soon I can change my employer ? Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. Many consulates use an online appointment system for visa applicants. Is that petition is valid now ? I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? 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. 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. A copy of your DS-160 receipt. I have been working on my OPT status to the same client since 10 months and my employer applied for h1, It got picked up in lottery and received a RFE. Post the question to Attorney Murali via Ask an Attorney. My questions are: I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. I am getting my H1-B start date as 1st Dec 2010. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. I have the copy of the police report that was filed when I lost my passport. 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. Please do not make plans to travel outside of the U.S. without contacting our office first. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. 3. wat would be the best option for me to travel to India in this situation. Can I join B without any issues/legal hassles? For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Will he be able to go and attend the stamping? But due to some issues I am not traveling and will be travelling in 2021. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. You can start from here https://askanattorney.happyschools.com/ Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. Any help would be appreciated in clarifying the following questions. 4. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. I am on F1-OPT, and my H1 gets valid from Oct. 1. A: Status changes are handled by USCIS. Im not sure. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. You can not go to Mexico for a Change of Status or to have a first-time H1B visa stamped. What is the consequences of never stamping or late stamping ? Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. will it be valid to apply in 2019? If this happens, please contact us so we can discuss how to maintain and extend your status. Sorry, They gave Master service agreement and PO copy between them and client. thanks If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. You can transfer your H1 to new employer and they have to send the required documents. 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.