Waited for i-129 approval but dont want to waste the chance of F1 visa. 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. So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. But the office location is different and the new address of residence is different state. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? Start with your employer, employers attorney, if no you can ask via email. Only when you travel. In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. Ive 4 years work exp. Hi Raghu, Total stay in US- Never been to US I have been with this employer before my change of status. Sorry, They gave Master service agreement and PO copy between them and client. Will there be chance for getting stamped if I attend the interview late? You can continue on your current visa till your H1B is stamped. My H1B status is approved . H-4 visa holders who have extended or changed status in the U.S. and who have been issued an I-797 Approval Notice in their own name should travel with the . Hire Us. 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. 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. We sent you a notice that explains why we moved your case. You cannot choose which status you want to be maintaining. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Otherwise, the issuance of your visa may be delayed. Ive my client letter, pay stubs, W2 forms everything clean. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. Or do I need to work with employer Y at least few months? In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. Can you please help me in understanding what should I do? Now, my current employer is asking me to leave the country as my petition was denied. I have valid H1b petition until 2014. Questions affecting your status should be answered by an attorney. I never traveled to US before. If you are interested in reaching out to us, please click here: P (413) 584-3232 I have two options below. If you have your H-1B approved, have to get the H1B stamp before entering America. 2. Does this mean they sent the reciept that they received our request? Check with your attorney or https://askanattorney.happyschools.com/. I got the approval notification that my H1b application was approved last Saturday and it will affect as of Oct 1st. Travel, whether for personal or professional reasons, can be an exciting . 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 ? I94 validity and with what Visa Type But I havent taken ay next step considering the COVID situation. 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. Hi, What are our options ? I would like to know if this will cause any problems when i go to India for my H1 Stamping?? 2. In 2018 November I had to leave US and (the organization where I was working) because of a family Appreciate any help on this to get the SSN ASAP for her to . My change of status wasn't approved, so I will have to leave and get my visa. Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? I got my H1B approved for the year 2012. Is it ok, if I stamp my visa first and then my wife and kid go later on. 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. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. Only French Consulate can answer this question. 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 ? So, will my last year case have any impact on this year, as I didnt go last year. If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. Second, submit a change of status application. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. My spouse live outside of US. 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. 2.In the Supporting letter from my Employer States that i will be deployed at end Clients business premises and our Employer Business premises This means i may work on In house or Client Project I dont have any Supporting letter from Client , I have it only from My employer will this would be enough. 3) However I left my employer who had filed my petition in February 2012 to join a new company My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? I want to schedule my spouse H4 visa interview on Dec 2nd week. What was your status when you got denied notice? So what shall we do ? How this H1B visa be utilized in these two cases: In order to apply for change of status, the applicant must still be in a valid status. Hello Everyone. I have checked my status online and it says , we denied your i129 and mailed you the decision . or we are good to travel with updated LCA. 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. 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. You may begin work for an employer while your application for a Social Security Number is pending. 4. We got new client new location so filed amendment. I think I can work as consultant initially and transfer H1B. Am I correct? https://askanattorney.happyschools.com/. My attorney recommended that I should not travel to India until next summer. I am searching for consultancy firms who will file my H1B visa. How do I make this appointment, and with whom? I cant work without SSN and I cant get SSN with this issue?? my status showing as below. Please let me know on this. So its always best to check with a consulate first before booking for visa interview date. an assumption, I have authorized CPT and went to India on vacation. 3. We dont know what will happen to H4 EAd. If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. Company B is filing H1b for me. This is reason I considered going Canada instead. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). 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. I just got this notice, but does it mean I got approved to technically be H1B status? I need to know am i allowed to appear in interview in Calgary or i have to fly to Montreal. Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. Can I have my first H1B visa stamped in Canada? Anyone know what is the procedure what we need to follow once we receive acknowledgement? would there be any problem returning US at the port of entry ? Could it harm my visa to do so? Can I put resignation and wait to join other employer ? You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit. I found your video really helpful to understand the process. Ideally how much time it takes for the approval notice to reach at our end? But, it is maybe good to get it clarified with an attorney. 1) You need to enter petition no in ur wifes DS160 . But with some personal issue, I need to travel to India in the 2nd week of April 2019. My Employer file H1B visa under Premium processing. My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. ( There is a requirement of paystubs please check with some expert on how many ), 4. Why not get H1B stamping and enter US? So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. 2. and my last day in the organization was 11/16/2018. Please advise. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. my time period exceeds means from india i can Apply my H1B or not. If H1 done vs CP, then you will stop working when you enter the US on H4. There are two steps involved in changing visa status from H-1B to F-1. Congrats on H1B approval. Suppose if August 2021 this is not stamped then what is the further option? My joining date with other employer is after 3 weeks. Please review this material carefully. If my husband visa gets approved by nov15, do I need to wait for the documents? USCIS approved my I-129 form a day before Trump announced federal hiring freeze. Hi Raghu, I live inside USA and I have valid status. What are all the details/documents required for scheduling the interview? You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Current Status OPT I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. I moved to new the address now (Different State). Please hel me if some one knows the rule of H1B Visa. H1B from withon previous 6 years will not count under Cap. I have H1-B petititon approved in 10th October 2010. I am getting my H1-B start date as 1st Dec 2010. I just wanted to know the risks in traveling to India now. are there any issues? We are planning to upgrade it to PREMIUM . Your emoloyers attorney should answer this question. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. I just wanted to play safe and avoid going for stamping in this trip. Applicants should be prepared to provide a succinct elevator pitch explanation to the consular officer about the position. Does it help for any cap exempt? Is client letter mandatory while attending H1B visa stamping. Im, not an expert on Immigration to answer your questions Plus when your legal stay/status in USA could be affected, always seek legal help. 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 question is: If I find a new employer who can transfer my h1b or re-join the same employer after 6 months, Will my h1b be still valid? My H1B has been approved and I am currently in USA. However I have a bit tricky situation. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. You get the original in 2-3 working days. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. 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. Whether my H1B will be denied etc? I am on the place as you are. what wil happen to my H1b? I am on totally confused stage. This is not the suspension of H1B Visa program. 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). My H1 b petition is approved 2008 June , I didnt went for stamping . So he could start working again at least until April 2020. Hi Rushi, If you do premium processing, then you can get approval in May/June. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Dhara This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/.

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