1. It is really helpful for the candidates like me! H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. I have the same concern being in the same situcation as Shilpi mentioned I am go to apply for H1 B extension. Is it possible to continue with my trip to India? I was working on h1b visa in usa from 1-2 years for same client. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. Hi Raghu, Approved H-1B Visa Petition with Change of Status. 3. The USCIS responded that the travel does not change the equation. within 2 weeks. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. I think 6 years will start when H1B status is activated. I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. Any problems with it? If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. So its always best to check with a consulate first before booking for visa interview date. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? You can transfer your H1 to new employer and they have to send the required documents. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. Do we need to visit counsellte again for stamping? But now I got an offer from company B. I want to join company B instead of A. 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?? I got my H1 approved and it starts from Oct 1 2009. If your employer is not giving the letter, then you have to go with what they have given. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. You can start from here https://askanattorney.happyschools.com/ thanks for this updated information. But my attorney filled the form incorrectly. We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. 2) I dont have pay slips as I never joined company A. If yes, I need to get updated project/client related documents from the employer who filled. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Can they apply before October 1? My H1B has been approved and I am currently in USA. 1. Please Help. My L1 is expired for company A with valid I-94. Should I cancel my H1B ? Does this mean they sent the reciept that they received our request? 15 calendar days to get the decision. 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? Checking the feasibility of changing employer I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. Could you please let me know all the possible options? Is there any info for attending visa interview in India? In the meantime, my spouse got a Full Time offer with Company B. Is there any company who can do H1 B visa can just reply me. My question is, where do I go to receive this stamp I read about ? Hi, 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. 3. After H1B Visa Approval Notice Sent However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). I got a new project with a start date Jan 2nd 2019. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". I am on OPT right now till June 2011. 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. From USCIS website my status is confirmed as Approved. Please advise what should me the best approach here. if yes then how. There many waiting to attend interview who got H1B approved last year. Waited for i-129 approval but dont want to waste the chance of F1 visa. Thanks !! Thanks for your response. 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? Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. I had not scheduled my visa interview, and I didnt join that company. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. So, I have 2 questions: Its very helpful. If you have the approval notice for H1B, then can apply for H4 now. Ive tried the CDN immigration website. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. You can apply for your visa stamp in a Third Country such as Canada, or you can apply in your home country the next time you go home. Hi Raghu, Am I correct? I need your suggestion regarding the travel. Help Is it ok, if I stamp my visa first and then my wife and kid go later on. Whether my H1B will be denied etc? 2023 Murthy Law Firm. Can some one help me to find what is the ideal solution? I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. (Shilpi says: December 3, 2011 at 1:42 AM). The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. I have not gone for stamping yet. 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. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. 1. What should be the next steps for me ? 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. Is it mandate to get the stamping done and travel to US during the validity period. I am taking appointment for H1b Stamping and H4 visa for my wife. 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). Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. 1. Ive my client letter, pay stubs, W2 forms everything clean. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and first name unknown or FNU goes into the given name. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. I am in US and my status is F2. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. 2. I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. My new employer has filed the H1b transfer in October 05 2015. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. What are the chances for legal action and getting the money back? and want to convert my visa to H1B visa next year. Currently I am getting interview date of March 5th. I am applying for H1B COS on 01-APR-2017. can I travel and come back without any problem? to transfer you need the approval and EAC #. Can he transfer Visa or will apply new visa? DEC 2015 still waiting for final decision .. I m planning to go to USA. Im not sure how you can work in L after H1 is approved with COS. 1.Consulate name on approval is Chennai do we need to for Chennai Consulate Only for Stamping ?? However, each U.S. consulate will have varying rules. Need to go for stamping to activate my visa. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). All Rights Reserved. Traveling While Awaiting an H-1B Extension. I have a planned trip to India on 27th October 2016 for around a month. In this scenario do I need to go to home country for H1B visa stamping? I have not done anything regarding the h1b. So they requested a data fix to SEVP to fix my SEVIS record. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. 3. I am on F1 status , and its valid till feb 2018 . I d like to know How long is the approved petition valid for and when last can travel to US ? So what shall we do ? My husband employer filled for my extension. My H1 got approved this oct6 from California center. 2> If I join a different employer after 6 months. My company applied for the H1B but are now saying that there are no projects. Most visa applicants must appear at a consulate for personal interviews. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- 2. Will there be chance for getting stamped if I attend the interview late? 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. You can go for H1B stamping till the date 60 days before its valid. I have a valid F1 visa till 2021. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. But, it is maybe good to get it clarified with an attorney. I am currently on OPT with H1 Approved status starting from Oct 1, 2016. This means I will not be able to transfer it to a new employer. 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. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. can i take got visa stamping with that case ? same office location but the new address of residence is in different county. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) RFE is answered and I am waiting for the reply. What form do I have to submit for the visa interview? 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. Is there any risk involved in it? or Am i eligible for CAP-GAP automatically? 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. L1/L2 extension is also being applied by company. My employer has given me all the documents that he has received from the attorney. Before you may visit the United States on an H1B visa, you must get a physical copy of your approved H1B's i797 and apply for an H1B visa at a . 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? 1. I want to transfer to new employer once i got my 797. You should consult your employers attorney . I am travelling to India in the second week of October and will have to get my H1B stamping done in India. Is there a way to salvage my petition ? Will there be any issue with that on stamping. Till when can I continue my job on L2-EAD? 7. list of documents required for H1B Stamping. How can i go to US now ? 3. If you are in doubt, change to Emirates or Qatar or other airlines that have connection in the Middle East. I've a similar situation. My case falls under h4>h1. Now can i use my b1 to go to US and stay there with the H1b Approved petition ? Is it necessary to work in petitioned company, while going for an H1B interview. You cancheck visa-waiting times here, and you cancheck consular procedures here. There are some exceptions to this rule. 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. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. Will this be ok? 2. Please share some information wrt this. Refer to application form I-129. I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? I went to PAI on 11/18. or It was just a coincidence and my petition was approved on the same day using normal processing ? Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). You should check if Transit Visa is required for Paris. 1. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. Hi, Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. 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. I am very new to this blog. Prior to this my OPT ended on 09/26/2016.