Refer to comments policy. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. If you are porting to a new employer and your extension of stay has been granted and you are not required to travel outside of the United States, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid. (The LCA received is having the old address). if so, what should I do for a month? can you tell me do i need to pay the complete fee or no. Will there be any issue with that on stamping. They are the right person to help you. I applied for H1-B in 2007 and it was approved. 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. 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. 1)If i get the approval before i come back and COS is applied ,Can i get H4 stamped in india and come back to US on H4 Visa? Is that petition is valid now ? I've received all H1B related documents from my employer. or can I go to any country to get H1-B stamping ? I have not gone for stamping yet. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? I went to PAI on 11/18. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Went for stamping in Hyd and the status is pending. If your visa application is approved it will be processed and mailed/available within 2 business days. Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. Depending on your status change. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. 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 know there is recession there in US, but in my case the reasons for not being able to land there are different. F (413) 584-5411 For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Hi, You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Im in H1B Status now and planning to transfer to new employer. Please suggest me. What are the options available for me to go for stamping for change of visa status? I went for H1B VISA stamping on 24/03/2017 and got 221g blue slip and submitter all my original documents including I-797B and my experienced letters then after six months 20/09/2017 I received my I797B and experienced documents, Now what could be the status either I need to go for again stamping or what should i do ? After going there i would like to change my status to H1B from F2. From USCIS website my status is confirmed as Approved. Can i apply for the H1 B visa NOW?? What are the time lines for this modification?? 1> If I join same employer (who filed my H1B) after 6 months 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. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. Is it necessary to work in petitioned company, while going for an H1B interview. My employer says it could take upto 4 weeks. My H1B visa has been approved with a change in status (F1 to H1B). 1. Required fields are marked *. Please correct your article. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. Always consult an immigration attorney to get your questions clarified. Prior to this my OPT ended on 09/26/2016. 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 ? 2. Very recent my h1 petition got approved for one year. But now I got an offer from company B. I want to join company B instead of A. 8. In the meantime, my spouse got a Full Time offer with Company B. You can transfer your H1 to new employer and they have to send the required documents. Let me know what does my status mean . My question is how many days do I have before I join the work and use my H1B status ? Then link the new DS160 to appointment confirmation (via travel docs). Any other Visa (L1 or B1 etc ) NO other Visa You should consult an attorney about a status-related question. 1. How can i go to US now ? I have valid H1b petition until 2014. It seems in either of the two cases I have to attend the visa interview in the home country. If travel is required, advance planning and early visa application are critical. I have two queries in regard to stamping. My Green Card process may start early next year. Need to go for stamping to activate my visa. If i find a new employer will I still be cap exempt? Could you please tell me the process how you got the H1B.I am also looking for one. 1. I have the same concern being in the same situcation as Shilpi mentioned (same sate). Only French Consulate can answer this question. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. Please set aside time to complete this form. 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. But employer says that he has not yet received the 797. Ask the consulate. Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . My employer specifically mentioned that they will revoke my petition on or before 30th September. Do I need some documents and letter from my employer before I fly to US? 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. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. My H1-B visa got approved and I have my H1-B authorization form(I797) and H1-B receipt notice and hence Im travelling to India to get my H1-B visa stamping. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. I just wanted to play safe and avoid going for stamping in this trip. kindly help me please. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. My H1B premium process petition denied last month, now what could be the next step? RFE is answered and I am waiting for the reply. Only when you travel. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Our firm assists individuals and institutions across the U.S. with their immigration needs. can i re-enter USA on my F1 visa without any issues in port of entry?. Or do I need to work with employer Y at least few months? My approval notice has mentioned Montreal consulate, now i have moved to Calgary. Can some one help me to find what is the ideal solution? You should try to transfer before they withdraw. Which category does this come under. 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. Transfer h1. Question I have is my husband was in F1 and went ahead with divorce. I am searching for another client, So my question is if I will file an amendment in India with a new client lets say Client Z. 2. 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. 2. 1. Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? Are some people still awaiting their h1b visa approval? I got F1 Approval in June. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. I have sent them my approval notice also. I am afraid of expiry date, what will be best solution for it . In Mar 2019, my employer had filed an amendment for change of location. Also, it has led to my SEVIS record completion and hence causing my inability to work for my new employer on STEM OPT (which was already extended until July 2021). Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. Will my extension application be cancelled and do I need to apply again? Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. Did you get the answer of yr question? Now I can utilize the same Petition number to other Employer. They told me to go to the US Consulates Officer in Dublin (I live in Ireland) to get the H1B visa stamp on my passport. MY H1B employer is OK to work with Dell in Austin. or we are good to travel with updated LCA. Im in the very same situation as you were in. My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. We are planning to upgrade it to PREMIUM . Can you please help me with this? I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). I would need to H1B, F1 respectively. Hi Ram Im exactly at the same situation like yours now. Talk to an attorney ASAP to know your options. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. Can I get to continue to work with my current visa status (L1, L2 or OPT)? I feel really frustrated by all this bureaucracy. Plus, check to make sure your H1 is not withdrawn. This may help a consular office understand that your work does not have potential application for national security or terrorism. I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? Hi If you do premium processing, then you can get approval in May/June. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. If you are interested in reaching out to us, please click here: P (413) 584-3232 please help. I have applied for SSN in near by office. Can I go for stamping here in US consulate rather than going for stamping in India? When i checked in the portal on the status of Visa on 19th June 2018.. it is as follows: Your Visa is currently undergoing necessary administrative processing. I am on the place as you are. Help Some changes may require an amended H-1B petition. Please follow any instructions on the notice. I got my H1B approved in Dec 2018 from a non-profit Organization. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Yes. Company B is filing H1b for me. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Meanwhile I could pursue my H-1B Visa and start the process for a Green Card (at least file form I-140). 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? We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. See the questions in there. But I havent taken ay next step considering the COVID situation. You can attend the interview as a family ( H1B and H4) together. So can we file one more amendment without any issue when the previous petition is still in progress? 3) If I can and should then Whats the procedure ? because i can extend my visa when i am US only. Im not sure. My H1B got approved from dec 31 2015. I want to transfer to new employer once i got my 797. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Suppose if August 2021 this is not stamped then what is the further option? Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? I know that Oct. 1st my status will change from F1 to H1B. Is there a problem if I travel to India in November? What are all the details/documents required for scheduling the interview? Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. 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? You can start working only after the start date on I797 approval notice for new H1 petitions. Myself Bhanu. Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. I have submitted my final evaluation of OPT to my school and they told that my sevis status was not auto complete/update to H1B. 2. You can do the math from there. My employer saying till january I may have to wait. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. My visa stamping is done on May 2012 in Hyderabad . 1. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Do I need to get a date from consulate to get H1B Stamping in India? Is the embassy open and is the next step to fill DS160? Currently i am staying in Kuwait for some project work. I have my visa stamped this September and I want to travel in the month of March. You cannot choose which status you want to be maintaining. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. Stamping is not required unless you leave the country and enter again. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. Here I got some confusions.. 1. I just want to know what all documents I have to collect from my employer. Is there any dependency of result of one amendment on the other. There are two steps involved in changing visa status from H-1B to F-1. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. @Fanny We don't provide legal help. Suppose assume that im transferring in next month December. I just got this notice, but does it mean I got approved to technically be H1B status? During this period, prospective petitioners and representatives can complete and submit . But i have not received hard copy of documents. 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. My H1B visa has been approved and I am waiting for my Stamping. How this H1B visa be utilized in these two cases: 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. I am still waiting for I797 from my company A. 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. 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. I have the same doubt. I recently quit the company i was working for. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. 2. 2. How soon do you suggest can I make travel plans after my H1B is approved (if it does)? You can continue to study while in H1, but you cannot be studying full time and not working when H1 is approved. I had started working with my new employer after I had received the petition filing receipt. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . There is an option to have your first H1B visa stamped in Canada. 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. 2. 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. i have a cap exempt h1b ends june 30 2011, and now i am on B1 pending status that was filed before the end of my visa. There will be a visa fee of at least $190 for each machine-readable visa issued. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? Please Help. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15.