Yes. 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. A DHS memorandum dated May 16, 2000 states that an alien in . To provide more details; (I have the option to chose two different places. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. Stamping before OPT expires If your employer is not giving the letter, then you have to go with what they have given. Is client letter mandatory while attending H1B visa stamping. Is my petition still valid and can be considered for cap exemption.? 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. Raghu, Should I have to appear again for visa count ? 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. Let's look at how it works and why USCIS will abandon your COS application. I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. My Visa interview is happen on June18th and counselor has taken my passport. Thanks for this information. Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. Please hel me if some one knows the rule of H1B Visa. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". But my client job can be terminated before visiting India by Oct10,2016. check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. Hey RFE and travel puts you in tough spot. * You do not need to present your original I-797 approval notice when you apply for entry into the U.S. can you tell me do i need to pay the complete fee or no. In order to apply for change of status, the applicant must still be in a valid status. Published research and other works that are in the public domain should be included in the resume. I am Ram. HI, I also got a 5 motnhs gap in my OPT period. To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. Hello, I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. You can also post it via As an Attorney here. So in that case , if i go for stamping again (as my stamping is done earlier with other client) will there be any changes of rejection in visa interview . I joined them in 2018 when I was on F1 . I am in India. I have a question, please guide if you can. There will be a visa fee of at least $190 for each machine-readable visa issued. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. Now i want to leave the university and drop from it , As i am on H1b and decided not to pay the rest of the installments My H-1B got approved recently as my employer applied it through Bachelor's degree. I have been asked to travel with the new LCA approved and Fedex receipt number of the H1B amendment. It has already been 6 months since i received my approval. Nationality- Indian I got my H1B approved through Consular notification. I got my initial H1B Approved From OCT 2019 to Jan 2020. 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. Appreciate any help on this to get the SSN ASAP for her to . You will be fine. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. 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. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. case created:15th June, Case updated:18th June. Please share some information wrt this. I would appreciate any advice on our case. You dont necessarily have to start working on the start date. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? 2. Its very helpful. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Can you please tell me whether we can go to stamping with this ammendment details. 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. Please answer this question I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. Still the status show it is under review, I am not sure what is the processing time in general. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. Hello Everyone, Now my employer is telling me to go for stamping with client A documents. Currently i am staying in Kuwait for some project work. I have an H4 visa and live in USA. 5. Now my doubt is will my h4 will be questioned if I go to India. I am on h4 dependent on my husband h1b. Such guidance does not carry the binding force of law or regulation. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. I am in USA on L2 EAD valid till Oct16 and my H1 Visa without COS got approved on 29Oct15. Thanks for your response. H1B Visa petition can be approved with Change or Status or Without Change of Status. 2) My H1B is filed by employer based in Seattle. I have only LCA ETA form 9035 & 9035E. 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. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). So can i go to home country and stamp H1 on Aug 1st week or 2nd week. So its always best to check with a consulate first before booking for visa interview date. Congrats on your H1B Approval. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice. I am to US in my H4 by march 2016 ,and I applied for H1B lottery and was lucky enough to be picked in the lottery.Now the case is I might need to travel to India due to unavoidable reasons.In that case which of these are possible to work out without issues: 1.Before Oct 1st can i travel to india and come back on H4 .Will my stamping have any issues? 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. My H1B visa has been approved and I am waiting for my Stamping. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. 1. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas. It takes few days for the Database to sync between I-94 and DMV. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. pls help. Hi Rushi, But the office location is different and the new address of residence is different state. A copy of your DS-160 receipt. The receipt number on your visa stamp, beginning with EAC or WAC, is sufficient for officials at the port of entry to look up your petition approval in the system. I must have to visit India from Dec2 -Dec28. Shanvi. But, theres no status for mailing the notice. 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. 4. I did not get my master's degree yet and luckly i got my OPT started lasy year. 1. Same company, same role. All Rights Reserved. So, I think you cant go back. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? Stamping is not required unless you leave the country and enter again. Please let me know what should be done to correct my DOB??? For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Visit this page frequently to know the latest updates. Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. Hi, I am on F1 status , and its valid till feb 2018 . Change of Status(COS) or Consular Processing (CP). I am in the middle of finishing my last semester of school. 2. Despite the fact that the notification was sent well in advance before my COS happened automatically, USCIS has not processed the revocation yet. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Theres no way to update a DS-160 once submitted. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 card issued. My H1 got approved in August. It is really helpful for the candidates like me! 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. My H1 is approved with COS. 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. I am currently living in USA and working as a full-time employee with the same employer for 2years. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. I can return back to work to the same employer or different employer after few months. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments Is that petition is valid now ? Will there be any issue with that on stamping. Currently I am getting interview date of March 5th. P.S. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. I am awaiting for documents from my employer. If you live outside the United States, you can schedule your H1B visa interview. Got my h1b visa petition approved with change of status where shall i go for h1b visa stamping. I am not sure how strict the immigration about it. Opt Expiration date : December, 2012 I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. Is it possible to transfer my H1B without any issues? After going to India if i will not get stamping in India, International travel by foreign national trainees and employees must be planned carefully. Talk to an attorney ASAP to know your options. My company applied for the H1B but are now saying that there are no projects. Which category does this come under. 2. 2.What are the options to get a valid I-94, without going back to my home country for stamping? Now that I have got an offer from a new organization, is it possible to transfer the Visa from my current organization before stamping. Is it necessary to work in petitioned company, while going for an H1B interview. I got my h1b visa approved but no stamping done due to my passport foud to be damaged (front side lamination slightly piled off) and they asked me to submit new passport. Unfortunately the communication with the US embassy here is very complicated. Hi, We cannot complete the DS-160 for you, but we are happy to answer any questions. In short Yes, but is hat H1 petition still not revoked? Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. 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. Please let me know, Hi 2. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. My applied for H1B through my current employer. Question I have is my husband was in F1 and went ahead with divorce. Thank you in advance . You can confirm the same question via Ask an attorney. I am already in the US. Total stay in US You dont have to wait until September or October to get Visa stamping for H1B. also one of my friend lost his 221G how can we get the copy of 221G? are there any issues? I have travel plans and booked VISA Interview on December 16th. Case 1: My question is what are the consequences of not having the visa stamped immediately. 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). Please suggest. MY H1B employer is OK to work with Dell in Austin. Please advise. 2. Only when you travel. The USCIS, through Efren Hernandez, then Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? 2. What will the case status online if COS is denied and H1b is approved ? Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. Can i be denied my h1b visa stamping because currently i am not teaching? Looks like your COS was abandoned. This is reason I considered going Canada instead. How soon I can change my employer ? I am sorry if my above assumptions do not fulfil your case. 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. Or should I choose the drop box option after I get my initial H1 stamped. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. My fiance and I both work for the same company in the US. I just graduated with Bachelors in Computer Engineering from a US university this august. I cant help you here. You get the original in 2-3 working days. My visa stamping is done on May 2012 in Hyderabad . 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Instead of checking Change of Status, they indicated that I am outside US. I have the same concern being in the same situcation as Shilpi mentioned So, will my last year case have any impact on this year, as I didnt go last year. I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. Also, please suggest if people are getting their H1B approved? The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). As I am planing to go to India in December for Stamping I asked my employer to file an extension for me and I recently got my extension from Jan 2020 to Sept 2022. Even for my wife the DOB is wroing in the I-797.