Meanwhile he was unable to attend residency and makeup session class in his last semester. Since then i am in india, and did not attend US consulate for stamping. Can i be denied my h1b visa stamping because currently i am not teaching? So, I think you cant go back. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job. 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 . What is the grace period to file the COS now? in the US, Im in the same location and same client. In theory you can apply for a change of status to F1, however the processing time is delayed and it can take 1 year or longer. You should consult an attorney to see what options you have. It has already been 6 months since i received my approval. Shanvi. So he could start working again at least until April 2020. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. 2.What are the options to get a valid I-94, without going back to my home country for stamping? I am in a desparate situation. 3) If I can and should then Whats the procedure ? Looks like you have figured out the best path and as you said, theres no ideal option. You have to understand the concept of H1B Visa and Change of Status. 1)i have opt extension up to 2018 july is still valid or not?? 2. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Now my question is after approval how long i can wait to fetch my first job? For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. Please can you share pros and cons for both the options or are they correct options to chose. It is therefore difficult to predict how long the wait will be for each visa issuance. ), you can start working starting on or after H1B Visa start date as mentioned in the approval notice. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. How can i go to US now ? I was working on h1b visa in usa from 1-2 years for same client. Did your h1b approve for stamping? My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. A copy of your visa stamping appointment letter. I wont have time to get my visa changed over to H1B during this trip. Now my doubt is will my h4 will be questioned if I go to India. 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? I wasnt planning to go to India for H-1 stamping this year. A little background My H1b petition got denied because of the change of end dates of my contract in the vendor and prime vendor letter. 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. If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? I have one more offer from company C, My question is My OPT is valid until October 12th. When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. I have responded to an RFE and am awaiting the final approval, hopefully. Hi Raghu, Typically, after an H1B petition is approved by the USCIS, the agency will update the USCIS Online Case Status website. I feel really frustrated by all this bureaucracy. Im very new to this blog.really its very helpful , h1b petition approved on Indian passport. Your spouse and childrenmay notaccept employment in the U.S. without separate authorization since they are obtaining their H-4 status as the dependents of a temporary worker. After your H1B Visa is approved, you have to follow the path back from USCIS. You can continue on your current visa till your H1B is stamped. You can go for H-1B stamping to your nearby American consulate. If your visa application is approved it will be processed and mailed/available within 2 business days. I am currently in India, I got my H1B Picked and yet to be approved. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. You should have the approval notice (I-797) form. my time period exceeds means from india i can Apply my H1B or not. Most visa applicants must appear at a consulate for personal interviews. 1. 1. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. 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. Visit this page frequently to know the latest updates. Thanks. Visa stamping has been expired now. But at the end of interview he didnt informed me that your visa is approved but told that after 1 working day you can be able to receive your passport. What are all the details/documents required for scheduling the interview? All Rights Reserved. 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? You should have the Approval Notice with you. 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. 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. It takes few days for the Database to sync between I-94 and DMV. This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. My petitioner has sent me WO agreement between petitioner and client for whom I will work. 1. 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? I had filled H1B first time and was approved in Ocotber 2016. The end date indicated on the I-94 is your status expiration date. Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. If you move before you receive the notice, call customer service at 1-800-375-5283.. Hi Rk, we are in same situation, can u please let me know what you have done. My employer resubmitted documents and USCIS received it within the RFE response date. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . 1. Same company, same role. I just got my H1B approved. We are planning to upgrade it to PREMIUM . I have to go for stamping in Chennai. 2. I have plan to visit india march . If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Any help will be really appretiated.Thank you all. My Green Card process may start early next year. I am applying for H1B COS on 01-APR-2017. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. 1)My H1-B was filed using I129 in November, 2011. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. please do let me know. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. Hello Everyone, Can Someone please help? My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. Is this a right thing to do ? The intervening admission to the U.S. does not override this later effective date. Again i m talking abt having multiple amendments ( not transfer). 3. what happens if i leave US before october and couldn come on time. Im not sure where you can attend the visa interview from. I found your video really helpful to understand the process. Try again few days. Theres no wait time. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Is the embassy open and is the next step to fill DS160? 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. Your employer will file H4 visa along with your H1B application. But my attorney filled the form incorrectly. If would get the degree. Later in 2010 I come to US on L1B visa. Hey RFE and travel puts you in tough spot. Its very helpful. I never traveled to US before. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. What is Premium Processing? I94 validity and with what Visa Type Not sure about I94, visa type is H1B towards the end of 6th year. Thanks for this information. Accurate I-94 records control your lawful status: they are very important. They may refile or do a MTR. Now Im confused If my petition was approved on the same day they received my request for PP ? Till when can I continue my job on L2-EAD? i read from various web sites saying generally people go to either MEXICO or CANADA. Now things here are going good so thinking to change to new client and new location again. But my Visa Petition status is showing active and approved. http://www.happyschools.com/ask-an-attorney/. interesting how to apply for dutch passport ? Currently I am in my home country. Is there a way I can reenter the States using my current F1 visa? So its a negative in my case and ill be counted in cap? If I can return on F1 visa what is the last date I can enter with F1 visa? My question is how many days do I have before I join the work and use my H1B status ? My OPT expiry date: 03 Jan 2017, I am in india right now. Issues to deliberate on 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. Will there be chance for getting stamped if I attend the interview late? Such guidance does not carry the binding force of law or regulation. Any help is appreciated. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? They are going to apply for h4. I can return back to work to the same employer or different employer after few months. I am currently in US on L1 visa and checking options to moving to h1b visa. 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. If it was a coincidence then my petition was approved using normal processing and I should get my money back. Customs and Border Protection (CBP) has implemented an electronic I-94 system. My COPR expires in first week of April 2023, As I have not travelled I do not have a H1B stamp on my passport. 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 ?? 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). It should come to you within 2 weeks. I have to make lot of assumptions since you have not mentioned your current status:- You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. We cannot complete the DS-160 for you, but we are happy to answer any questions. Thank you in advance . Once I check that my H1B is approved on the internet, can I start to work right away? with the application itself. I am still waiting for I797 from my company A. i got my first H1B approve in Oct 2009. However, we cannot predict if you will face any issues unless we have more information about your specific case. Hi Raghu, We got new client new location so filed amendment. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. I just wanted to play safe and avoid going for stamping in this trip. e.g. I am go to apply for H1 B extension. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended.
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