travel after h1b change of status approved
That will answer all your questions . I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? or will it be a new h1b and i will be placed in lottery? So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? Hi Rk, we are in same situation, can u please let me know what you have done. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. Since then I have acquired alot of helpful information that has helped me tremendously. Once you are in US ask the new employer to file for COS with I94, 2. Thanks a lot for the response, Raghuram. Should I go to my home country for H1-B visa stamping or it is too risky for me? 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. After coming to US i changed my status to F1 in June 2011. My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. My questions are: If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. Any help is appreciated. should I get back to the US before the 7th of July ? Hi Raghu, I got My H1b approved and started from October 1st, 2019. One of my friend has the same issue now. I have the same concern being in the same situcation as Shilpi mentioned My L1 is valid until Jul 2012 and H1B until Nov 2012. Shanvi. 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. Is my petition still valid and can be considered for cap exemption.? 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. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. So, the question posed is whether, after the international travel, the previously-approved change of status from F-1 to H1B, with an effective date from October 1, 2022, is still valid, or is the last action considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on September 6, 2022. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. In which status my case will fall or under which categories: H-1B Specialty occupation Change of status in the U.S I know that Oct. 1st my status will change from F1 to H1B. Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). 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. Is that ok to start working in regard with my status? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. yes , responded to RFE in NOV 2015 . My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. Got the recpiept on amendment but havent heard anything from USCIS. So, I have 2 questions: First my employer shall filed a ammandment petition for new work location with LCA and then i shall go for stamping and travel to the exact state where i am going to work. Thanks. I cant help you here. I have the same doubt. Im in the very same situation as you were in. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. Travel After H1b Change Of Status Approved Any help will be really appretiated.Thank you all. You cannotify USCIS of any change of address online. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. After approval of my petition, how long can i wait for change of status or getting stamped ? Please advise. Now my doubt is will my h4 will be questioned if I go to India. What you need to do after your H-1B visa is approved My petition got approved. My question: Is there any problem in entering to USA as I am going after one year of approval? I have already used my OPT and OPT extension. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Hello Everyone. Living within US without COS? What are all the details/documents required for scheduling the interview? I know there is recession there in US, but in my case the reasons for not being able to land there are different. 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. 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). I dont know if the start date will be Oct 1 or day when they approve the petition (after Oct) and it doesnt really matter. 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 ? I think your employer can extend H1B petition up to 6 months before. https://askanattorney.happyschools.com/, Hi , You cancheck visa-waiting times here, and you cancheck consular procedures here. 1. Always consult an immigration attorney to get your questions clarified. You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. My H1 is approved for the FY2017. You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Based on that the following are the cases that I landed up). 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. (or) Is it mandatory to have latest 3 months of pay-stubs from October on h1 status to go for stamping. Now i am leaving current employer which files H1B & joining another employer. However getting visa appointments in India is also hard so you just pick your poison I guess. Will there be any serious issue duing VISA interview. I have plan to visit india march . And, Does 3 year duration starts from stamping date, or it is from Oct2019? would there be any problem returning US at the port of entry ? A DHS memorandum dated May 16, 2000 states that an alien in . You can also post it via As an Attorney here. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. We dont know what will happen to H4 EAd. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. Checking Your Status Expiration: H-1B Workers and their H-4 Dependents Hello Everyone, I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. I am currently in same situation. See the questions in there. Is it ok, if I stamp my visa first and then my wife and kid go later on. I need your suggestion regarding the travel. 1. 3. I have my h1b petation approved in 2008 when I was in India but I have never used that and never go for stamping. Now I have already filled Ds-160 with old date and booked slot for visa stamping in India. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. I am not sure how strict the immigration about it. 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. 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. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. This is reason I considered going Canada instead. 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? Same company, same role. Please help. I just got a new Job Offer, is H1 transfer now a good idea? I am currently on L1B visa in USA. What are the time lines for this modification?? Can I transfer my H1B without working with employer Y before October. if so, what should I do for a month? Talk to an attorney and figure out the plans and status. Hi, Is there a way I can reenter the States using my current F1 visa? 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. 2. I had applied for h1b 2018 and it was picked in the lottery and have received an RFE in the mid of sep 2017. So, I think you cant go back. or Am i eligible for CAP-GAP automatically? You may begin work for an employer while your application for a Social Security Number is pending. Should I cancel my H1B ? 2> If I join a different employer after 6 months. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . is there any way i can contact USCIS and get to know more about this ? Some people may have H4 visa or others may have F1 to come back to USA. Looking forwardat your best advice. Nationality- Indian 3. All the numbers I try online dont help. Hello Raghu, Mine is a tricky situation. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. 1. I have one more offer from company C, My question is Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. Let's look at how it works and why USCIS will abandon your COS application. I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. I am in USA on H4 visa. My case got recently approved. My case is approved for H1 B cap for year 2017. I am already in the US. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. Not its not valid. 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. First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. Case 1: I got a new project with a start date Jan 2nd 2019. I have checked my status online and it says , we denied your i129 and mailed you the decision . Current Status OPT My OPT is valid until October 12th. Yes, you can use the 1 year validity passport to go for visa. Education No US Degree (Graduation and Post Graduation from Indian University) (Or) How much time do I have, to travel outside the country and get the H1B Stamping? Thanks. Visa Validity If you do premium processing, then you can get approval in May/June. Could you please let me know all the possible options? Its would take less than 30 minutes to get a new DS160. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. MY H1B employer is OK to work with Dell in Austin. because i can extend my visa when i am US only. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. My friend is going to graduate with MS in the 1st week of may 2013 (next month). Its very helpful. 1. Currently I am working for company A and my H1b got picked up this year. 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). 1. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). I think you have to wait for the notice to reach your employer. Has any one got H1-B petition approval notice ? I am a little confused as to when to have my visa stamped. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). are there any issues? F1 Visa Expired in July, 2012 Once you receive i797, within 40 days you should go for stamping? I have a planned trip to India on 27th October 2016 for around a month. If you could pls help answer my below question : Now can i use my b1 to go to US and stay there with the H1b Approved petition ? Can we come back on L1 visa. 1. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? I talked to my lawyer ( H1B attorney) and she said you should be fine , but my question to you is , is it safe ? I got F1 Approval in June. 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. You will remain eligible to be employed by your H-1B sponsor, and may apply for H-1B extensions as necessary. After you change to Company B, you will submit New DS-160 with company B details. My name on H4 i94 is mentioned with first name : xxx ; last :yyy My H1B(i797) Got approved on may 17th, 2016. I joined them in 2018 when I was on F1 . http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. I filed the petition under masters quota and with COS . Mine got approved on 12 Nov, Still waiting for 797. Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) Would i have to explain why there is a gap between my approval and commencement of work? You will be required to upload a digital photograph. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? How can i go to US now ? Thanks!! I came to US in 2006 for my Master's. If i find a new employer will I still be cap exempt? Am I correct? 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 have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. I am on F1-OPT, and my H1 gets valid from Oct. 1. My applied for H1B through my current employer. After going to India if i will not get stamping in India, It takes few days for the Database to sync between I-94 and DMV. I had not scheduled my visa interview, and I didnt join that company. Currently on a Project Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. It got approved on 12/06/2016. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. Checking the feasibility of changing employer I am awaiting for documents from my employer. My H1-B petition for change of employer was approved(my prior visa status was F1 ==> OPT==>H1(previous employer)==>H1(transfer to current employer) and I would like to do H1-B stamping. The student's OPT is valid until November 30th. Visa stamping has been expired now. Second How tough to get H4 Visa? But, if you get denied, Im the one to blame. #2 Change of Status DENIED Employment duration with present employer 6 months. But, do you want to wait around to get into H1B under this current scenario? This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. 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. Please can you share pros and cons for both the options or are they correct options to chose. My petition is approved for the year 2015. even if my h1b is for a non-profit institution ? Can I travel outside US now ? I have both passports with me. You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. H1B Transition Issues: International Travel - Murthy I am in India. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. Once I go back to India, I wont able to work to the client as I wont be having a legal status (but still I can get legal CPT status) and also can not come back as I wont be having valid visa Now comes the question. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: So what shall we do ? This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. His wife came on h4, now got h1b through lottery. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. He is doing his 3rd masters and applied for H1B, just received notice 10 days ago and waiting for further process. Can I travel to India anytime in last week of November and get it stamped on 29th November(as this date is before my H1B start date).
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