Can I get to continue to work with my current visa status (L1, L2 or OPT)? Yes you can but you need the approval notice. 2023 Murthy Law Firm. or Am i eligible for CAP-GAP automatically? Congrats on your H1 approval. Hello Raghu, 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. Do I also have to inform my University of the COS? so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. Not advisable . 2) I dont have pay slips as I never joined company A. Thanks, Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. 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. Now my employer is telling me to go for stamping with client A documents. I got F1 Approval in June. Thanks for asking. Do we need to visit counsellte again for stamping? What are the time lines for this modification?? I am currently working with a Client A on contract for a year. 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. 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 . If yes then what would be the approximate cost of status change ? Why not get H1B stamping and enter US? USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. All Rights Reserved. I got my H1B approved for the year 2012. Please suggest. And, Does 3 year duration starts from stamping date, or it is from Oct2019? L1 to H1 with CP. Now my question is can I change my employer in May/June immediately after getting approval ? 3) If I can and should then Whats the procedure ? Hi Raghu, You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Once this H1B get approve if i travel to india in February 2012 do i need to go to US consulate to get H1B stamp again or my old H1b stamp will work. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. I think it will be extension of status and its gonna take 7 months in regular processing in VSC. Replied Rfe in November , still waiting for results. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? If I go for stamping in India for H4b will I have any problem ? my time period exceeds means from india i can Apply my H1B or not. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. 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 have got a questions when you received all the documents to get your visa stamped. They are going to apply for h4. 2. But I have left from the company which applied my H1B. 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. I am go to apply for H1 B extension. They are the right person to help you. The end date indicated on the I-94 is your status expiration date. I cant advice on questions affecting your legal stay in USA. Stamping before OPT expires See the questions in there. If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? as i will be traveling to my home country that time. If i find a new employer will I still be cap exempt? Or should I choose the drop box option after I get my initial H1 stamped. Get approval, then stamping. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. Hello 3. 5. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. Ive 4 years work exp. USCIS publishes these figures on a weekly basis. 2. Suppose if August 2021 this is not stamped then what is the further option? I got married after 10 days of my H1 stamping. But I couldnt get any job because of corono . On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. I just wanted to play safe and avoid going for stamping in this trip. Is there any dependency of result of one amendment on the other. Questions affecting your status should be answered by an attorney. Else when is the earliest to do that?? Is the H-1 Visa STAMP required to start the process for Green Card? Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. Can Someone please help? After approval of my petition, how long can i wait for change of status or getting stamped ? If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. We cannot complete the DS-160 for you, but we are happy to answer any questions. My spouse live outside of US. So questions to you are: 1. Does anyone know how long an amendment takes? Please advise so that i can plan accordingly. I would need to H1B, F1 respectively. 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 . 2. kindly help me please. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . Till what period my attorney/employer would receive the i797 approval Mail notice. Only when you travel. 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. i read from various web sites saying generally people go to either MEXICO or CANADA. or reasonably safe to do so ? The I-94 reflecting the change of status is attached to the approval notice. My husband employer filled for my extension. Now, I am wondering if I am unable to get the above position. You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. Do they tell you the date when you need to go to embassy to get your visa stamped or you have to book an appointment to go to embassy. Education US or non US ( there are certain quota for US Masters Degree or PHD students). but what will happen at the time of stamping.? I have not signed any agreement with company B. This processing can take several weeks. You cannot choose which status you want to be maintaining. Thank you for the answers, Rao and Raghuram! I am also in same situation. Please let me know, Hi I have two options below. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. Hi Raghu, If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Ask the consulate. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. What are the options available for me to go for stamping for change of visa status? This analysis was provided by the USCIS in the form of letter guidance. They would have to file COS from H4 to H1 ( and they can do in Premium). Can you please help me with this? The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. 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. 2. Yes My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status My H1B visa has been approved and I am waiting for my Stamping. Please set aside time to complete this form. You need to find new employer. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. 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. USCIS approved my I-129 form a day before Trump announced federal hiring freeze. Published research and other works that are in the public domain should be included in the resume. Im not sure where you can attend the visa interview from. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. Required fields are marked *. So, will my last year case have any impact on this year, as I didnt go last year. Location change is from my employers location A to location B. Will he be able to go and attend the stamping? 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. My question is what are the consequences of not having the visa stamped immediately. I got my h1b petition approved filed by my previous employer couple of days back. I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved I think you have to wait for the notice to reach your employer. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). I94 is generally used for your entry and exit in US. My change of employer petition was approved recently while still being in US. If H1 done vs CP, then you will stop working when you enter the US on H4. If my employer file for extension with the start date Jan 2nd 2019. USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . 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. On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. After H1B Visa Approval Notice Sent I am taking appointment for H1b Stamping and H4 visa for my wife. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. or is that an approval notice? Please provide me your valuable inputs regarding H1B RFE Currently on H4 STATUS If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. 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. I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. I have my H1B visa approved. A DHS memorandum dated May 16, 2000 states that an alien in . 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. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? I applied for H1-B in 2007 and it was approved. I hope i could find an answer to my question . Your Attorney should give the list of documents. I've received all H1B related documents from my employer. 1. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. 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? In this scenario do I need to go to home country for H1B visa stamping? What are the chances for legal action and getting the money back? My H1 is approved as consular processing for FY2017. I have the copy of the police report that was filed when I lost my passport. Any help will be really appretiated.Thank you all. I am in the middle of finishing my last semester of school. Did your h1b approve for stamping? Current Status Visa type 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? I am and just want some company in anxiety. Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Should I go to my home country for H1-B visa stamping or it is too risky for me? I have applied for SSN in near by office. Will that be enough to show employer and employee relationship or still end client letter is required ?