Copy of your old H1B approval notice and offer letter, pay stubs, etc. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. I recently quit the company i was working for. Thanks, I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? A DHS memorandum dated May 16, 2000 states that an alien in . I am working for company A on L1B. Some changes may require an amended H-1B petition. It is possible to go for stamping from other MNC/consultancy with this details? 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. Required fields are marked *. They are going to apply for h4. I have two options below. So, I think you cant go back. After you change to Company B, you will submit New DS-160 with company B details. Anyone know what is the procedure what we need to follow once we receive acknowledgement? I just got this notice, but does it mean I got approved to technically be H1B status? My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . To provide more details; (I have the option to chose two different places. My visa stamping is done on May 2012 in Hyderabad . (or) Am I suppose to have October pay-stub i..e on H1 status. Hello Everyone. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. Hello, Now Im confused If my petition was approved on the same day they received my request for PP ? 3. Can this be done ? 2023 Murthy Law Firm. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Lets say if my application picked up in lottery and Ill get result in May/June. Ganesh Thanks for highlighting it out. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. The approval notice shows same i94 number as h4 when she entered the US. It is our pleasure to assist you in this matter. I live inside USA and I have valid status. 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. I have been with this employer before my change of status. There are some exceptions to this rule. When should I go for stamping looking into the current corona situation. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Case details: This is reason I considered going Canada instead. You can attend the interview as a family ( H1B and H4) together. Hi Raghu, I have received i797c notice of approval. my status showing as below. Now, I am wondering if I am unable to get the above position. 3) If I can and should then Whats the procedure ? If yes what is the procedure? 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. 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. I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. Thanks. Till what period my attorney/employer would receive the i797 approval Mail notice. Most visa applicants must appear at a consulate for personal interviews. Would i have to explain why there is a gap between my approval and commencement of work? Does this mean they sent the reciept that they received our request? I have two queries in regard to stamping. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? @Fanny We don't provide legal help. All Rights Reserved. Can you please share your experience like what did you do in your case.? I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. It got approved on 12/06/2016. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). You cannotify USCIS of any change of address online. My L1 is valid until Jul 2012 and H1B until Nov 2012. Can I get stamping before October 1 and enter the U.S. on H-1B? Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. Check with an attorney https://askanattorney.happyschools.com/, You should look at the Sevp portal if its gets updated to sept 30th 2020- then your cap-gap is in place. 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. I agree with your attorney. Based on that the following are the cases that I landed up). 2)Got an Approval Status on March, 2012 I have a similar query and was wondering if i can get my H1B COS stamped before oct 1st 2012 what did you do? I got my H1B COS from F1. You should review all of this information after each H-1B approval. Now my employer is saying that they want me to start from Jan 1 2012. What are the chances for legal action and getting the money back? If you have your H-1B approved, have to get the H1B stamp before entering America. Hi Raghu, 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. I have a weird situation. Now my question is can I change my employer in May/June immediately after getting approval ? Our firm assists individuals and institutions across the U.S. with their immigration needs. Please share your case. 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. If you do premium processing, then you can get approval in May/June. Could I have issues at the port of entry airport because of the H1-B pending? and my last day in the organization was 11/16/2018. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. Again i m talking abt having multiple amendments ( not transfer). Will he be able to go and attend the stamping? list of documents required for H1B Stamping. Get H1B Visa Stamp in your passport and then enter U.S.A. (after H1B Start Date). Currently I am in my post completion OPT. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. 2. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. Travel, whether for personal or professional reasons, can be an exciting . 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) How Can I know that my Petition was approved using PP or normal processing Nationality- Indian Looking forwardat your best advice. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. (Shilpi says: December 3, 2011 at 1:42 AM). E2 EAD maybe better then H4 EAD. Will there be any serious issue duing VISA interview. I have query that once my extension is approved then , can u travel to India and get my stamping done if my amendment is pending for approval? Please also be sure to email us a copy of the I-94 printout for your file. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do On May 16, 2017, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC1714951897.. Your article mentions that we can reenter the US only after October 1st. You have to be worried only if are doing anything wrong. I've received all H1B related documents from my employer. Hi, my OPT extension is valid until June 2018. We got new client new location so filed amendment. 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? 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. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? I see few forums where they say that I will be eligible for Cap-exemption for next 6 years . http://www.happyschools.com/ask-an-attorney/. I started working since 6 months in pretty big company. This year if I want to go for a job or higher studies in US. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. 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. We have applied for the extension and we have got the receipt. I latest available H4 stamping date I received is 30th Sep. What will happen if I enter the US on 1st October with H4 stamping ? Got the recpiept on amendment but havent heard anything from USCIS. So they requested a data fix to SEVP to fix my SEVIS record. Did you get the answer of yr question? Billing Emailaccounts@cbkimmigration.com, Family- and Humanitarian-Based Immigration, Port of Entry and I-94 Retrieval Information, U.S. Department of State website specifically designed for people seeking U.S. visas, DS-160, Nonimmigrant Visa Electronic Application, U.S. State Department website specifically designed for people seeking U.S. visas, filling outForm DS-160, please see this website, please click here for information on Nonimmigrant Visa Interview Waivers, 9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification, https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. You can alter the auto-generated information to tailor it for your dependents. Since there are so many variants possible i recommend that people posting questions specify the following details and also consult an immigration lawyer:- Now my employer is telling me to go for stamping with client A documents. MY H1B employer is OK to work with Dell in Austin. 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. If you have a pending extension petition . Why are you giving incorrect info? I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. My wife is expecting and she will not able to travel anytime soon for the stamping. Yes. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. i will have to travel to india next month . Sumit, if you want faster processing, then convert to Premium. Please follow any instructions on the notice. or It was just a coincidence and my petition was approved on the same day using normal processing ? First, apply to and get acceptance from an SEVP-approved school, which will issue an I-20. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? Original H1B Transfer Approval Notice (I-797 form) Employment offer letter, agreement (if any) H1B LCA tied to the new position after H1B transfer; Recent Pay Stubs, if you are already in the US and working with a new company. Heres the communication process flowchart betweenyou, your H1B sponsoring employer, the immigration attorney, and USCIS. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa.