I am in US on F1 visa now. Max 2 weeks (USCIS to Attorney to you or Attorney to Employer to You). L1 to H1 with CP. The I-94 reflecting the change of status is attached to the approval notice. My H1B lottery is picked up this year. Thanks. 2. If my employer file for extension with the start date Jan 2nd 2019. Is it possible to transfer my H1B without any issues? Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. I had started working with my new employer after I had received the petition filing receipt. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Close All Open All Cap-Gap Extensions Eligibility for an Extension H1B Transfer & Change of Employer - Full Guide (2023) my status showing as below. 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. My H1B(i797) Got approved on may 17th, 2016. H-1B Specialty occupation Extension of stay in the U.S. PDF Instructions for LS intl f-s in H1B in US - middlebury.edu I currently live in the US. 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. My employer has given me all the documents that he has received from the attorney. Once the LCA is approved, the employer may file an H1B petition with the United States Citizenship and Immigration Services (USCIS). Questions affecting your status should be answered by an attorney. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. Can you please tell me whether we can go to stamping with this ammendment details. 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. Should I cancel my H1B ? Hi Raghu, 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. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. You dont have to wait until September or October to get Visa stamping for H1B. Documents related to your H-1B petition. Hi, My H1B Form I-129, Petition has been approved for this year 2015-2016. Is it possible to transfer it to my new employer. 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. It seems in either of the two cases I have to attend the visa interview in the home country. If your application for H1B transfer is approved, you can continue with your job. Talk to an immigration attorney with new rule about location change. How do keep it active? Got message: 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. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. 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? Change of Status(COS) or Consular Processing (CP). This processing can take several weeks. I ll be grateful if you can guide me for this. Please suggest. I got a new project with a start date Jan 2nd 2019. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. You need an H1B stamp to enter as H1B status. So in that case i need to attend visa interview again to make my travel. PDF IMMIGRATION FACT SHEET - Sidley Austin My case is approved for H1 B cap for year 2017. My OPT expiry date: 03 Jan 2017, It has already been 6 months since i received my approval. Please also be sure to email us a copy of the I-94 printout for your file. Your Attorney should give the list of documents. I had my H-1B petition approved from last year, but my employer is asking me to wait since the job situation is not good in the U.S. What should I do. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Shanvi. Can I travel outside the US after H1B approval (change of status) but People are still waiting for H1B results filed in April 2015. If yes, I need to get updated project/client related documents from the employer who filled. So I think I lost my visa status. As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). It is therefore difficult to predict how long the wait will be for each visa issuance. I live outside of the US, and only 10 days to find apt and get ready to work?? 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 a way I can reenter the States using my current F1 visa? You can start from here https://askanattorney.happyschools.com/ You will be fine. I am working for company A on L1B. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. Do I need some documents and letter from my employer before I fly to US? as i will be traveling to my home country that time. Since then i am in india, and did not attend US consulate for stamping. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. My change of employer petition was approved recently while still being in US. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. 2. 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. (or) Am I suppose to have October pay-stub i..e on H1 status. 08 Aug 2022 In 2004, the U.S. Due to some reasons their department HOD is not going to sign the OPT form. Now My employer requested me to come to USA. Does it help for any cap exempt? So, I have 2 questions: Currently I am in my home country. 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. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Went for stamping in Hyd and the status is pending. H1B Transition Issues: International Travel - Murthy Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. It should come to you within 2 weeks. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog Thanks. I did not have petition copy with only i have WAC no. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Checking the feasibility of changing employer Copy of your old H1B approval notice and offer letter, pay stubs, etc. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. reagards Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. Can I go for H1b visa stamping this year with the petition approved documents? My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. See the questions in there. But due to unavoidable situation ,I need to travel to india. Waited for i-129 approval but dont want to waste the chance of F1 visa. You can also request a "Travel Letter" from our office. However, we cannot predict if you will face any issues unless we have more information about your specific case. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. If so, how long does it take to receive the hard copy of approval after the decision is made? Now things here are going good so thinking to change to new client and new location again. This is not the suspension of H1B Visa program. Based on these facts, the change of . 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. Can I join B without any issues/legal hassles? I would like to know what would be my options if Id like to extend my petition. 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? Travel, whether for personal or professional reasons, can be an exciting . I had filled H1B first time and was approved in Ocotber 2016. Your employers attorney should have given you these details. My question: Is there any problem in entering to USA as I am going after one year of approval? Check the Processing Time at USCIS page. I have a weird situation. Should I have to appear again for visa count ? You dont need stamping. If you live outside the United States, you can schedule your H1B visa interview. In 2004, the U.S. Dhara After your H1B Visa is approved, you have to follow the path back from USCIS. 1. I will answer them in a video. 1. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). 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. I got my H1B COS from F1. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. It will be bumpy ride. My new employer has filed the H1b transfer in October 05 2015. I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before?