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All Rights Reserved. I just want to know what all documents I have to collect from my employer. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Questions about affecting your status should be posted to an Attorney . My H1B has been applied from an MNC and it got approved. You will eventually need H1 stamped right? I am in a similar situation. If would get the degree. What happened ? https://askanattorney.happyschools.com/. First, you must be present in the U.S. at the time your employer files your extension petition. 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. 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. Is there a way I can reenter the States using my current F1 visa? thanks Plus, check to make sure your H1 is not withdrawn. 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. Talk to an immigration attorney with new rule about location change. I am currently working with a Client A on contract for a year. Consult and attorney. 2023 Murthy Law Firm. Can i apply for the H1 B visa NOW?? My question is how should they respond on my visa status question at the port of entry?, since my visa status says F1 on my most recent I-94. After going to India if i will not get stamping in India, I d like to know How long is the approved petition valid for and when last can travel to US ? My passport was stolen on 05/28/2017 in Los Angeles. 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. Yet I did not join the work with my employer still job search is going on now my question below :-, Is My status is in H1B or H4 I did not join the company or work yet !! My husband employer filled for my extension. Education No US Degree (Graduation and Post Graduation from Indian University) To provide more details; (I have the option to chose two different places. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. In order to apply for change of status, the applicant must still be in a valid status. Talk to your Employers attorney. Hi, Currently I am getting interview date of March 5th. I moved to new the address now (Different State). Can I put resignation and wait to join other employer ? I ll be grateful if you can guide me for this. I am on OPT right now till June 2011. My H1 is approved as consular processing for FY2017. Any help is appreciated. International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa, but be aware of a few points before taking your trip. Its taking longer than usual for H1B processing. 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. So, you can start working immediately. Once I check that my H1B is approved on the internet, can I start to work right away? Hello Everyone. 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. But, theres no status for mailing the notice. The I-94 reflecting the change of status is attached to the approval notice. I must have to visit India from Dec2 -Dec28. I wanted to visit home before I start my job. Same company, same role. My H1B visa has been approved and I am waiting for my Stamping. Now i am leaving current employer which files H1B & joining another employer. Im not sure how USCIS treats the approved petition. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. Do we need to visit counsellte again for stamping? Can you please tell me what is the percentages of cases still approval pending with USCIS. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? Otherwise, the issuance of your visa may be delayed. Could it harm my visa to do so? My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. Also, I am planning to apply for h1b for next year. Hi, my OPT extension is valid until June 2018. 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. When should I go for stamping looking into the current corona situation. Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. In this she cannot travel and neither u can extend her i-94 based on ur new petition. Now in ds160 I have filled new passport details. Id have a question. So can we file one more amendment without any issue when the previous petition is still in progress? You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. I am searching for consultancy firms who will file my H1B visa. I was thinking of traveling to India to get the stamping in the month of November. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. Did you transfer your H1B to your current client without working with Employer Y? Is there any dependency of result of one amendment on the other. Whether my H1B will be denied etc? My wife is expecting and she will not able to travel anytime soon for the stamping. Stamping is not required unless you leave the country and enter again. Theres no wait time. But, if you get denied, Im the one to blame. Can I appear for my H1-B stamping in US embassy in Kuwait, Firstly thats a lot for this article. Ask your employers attorney It will say Post-Decision Activity. My employer resubmitted documents and USCIS received it within the RFE response date. Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Is that petition is valid now ? 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. I did my Masters from US. 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? Were you able to find out whether we can apply for COS or how did you go forward? Could you please help and answer this question: After RFE, the cases which gets approved under regular processing, does their status later changes or Case is approved is the final status?? I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). My petition is approved till Aug 12, 2021 and Visa stamping pending .I am not sure when it will be operation for Normal visa stamping. My current H1 is ending on Dec 31st 2018; My current I94 validity is until Jan 10th 2019. 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. I have my H1B visa approved. And petition validity is till October 2013. 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. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. I think 6 years will start when H1B status is activated. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. What is the consequences of never stamping or late stamping ? You can also post it via As an Attorney here. all the same forms, and interview etc? Please help! Ideally how much time it takes for the approval notice to reach at our end? Only your employer can help you with this case. Mine is a tricky situation. So did you apply for STEM extension? But due to unavoidable situation ,I need to travel to india. 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). He would really like to get some help from a professional to make sure that all the documents are correct. My OPT extension came in effect from 10/01/2016. A DHS memorandum dated May 16, 2000 states that an alien in . Your employer will provide you the I9 form to fill for them and it's only after your joining! 2. My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. Ask it via Ask an Attorney ( through this blog ) chessmojo 1 yr. ago. During this period, prospective petitioners and representatives can complete and submit . 1)Do you think my visa can get transferred to company B?? Hi, I have checked my status online and it says , we denied your i129 and mailed you the decision . Please suggest me. I would like to know what would be my options if Id like to extend my petition. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . They said its being applied in consular processing so we both can go to India anytime next year to get the new visa stamped H1 & H4. I have not spent a single day of H1B employment with my petitioning employer. RFE is answered and I am waiting for the reply. I got an RFE for speciality occupation, after the response from my employer, my amendment got denied yesterday. 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. USCIS publishes these figures on a weekly basis. are there any issues? an assumption, I have submitted the client letter, SOW etc. If I go for stamping in India for H4b will I have any problem ? Please reply ASAP! 6. So assuming that, u enter ur old petition will give ur wife a visa expiry of 31st dec. Sorry, They gave Master service agreement and PO copy between them and client. my time period exceeds means from india i can Apply my H1B or not. How long does it take to recived the hard copys to my petitioner? Suppose assume that im transferring in next month December. My extension of H1B i129 was approved last week and I am living within US now. Instead of checking Change of Status, they indicated that I am outside US. If yes, I need to get updated project/client related documents from the employer who filled. 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. an assumption, I have authorized CPT and went to India on vacation. 3. 2. Actually I have my H1B ammendment filed for relocation and it is in progress. Even if my H1B COS is approved either before they travel or while they are travelling in June/July? From USCIS website my status is confirmed as Approved. Hello, Could I have issues at the port of entry airport because of the H1-B pending? Will company B create any problem for me? It is possible to go for stamping from other MNC/consultancy with this details? Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. I just wanted to know the risks in traveling to India now. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. 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. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. My joining date with other employer is after 3 weeks. I am already in the US. 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. I have valid H1b petition until 2014. Such guidance does not carry the binding force of law or regulation. Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. 2. 2. 2> If I join a different employer after 6 months. Only when you travel. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. 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. No you cant. My H1B got approved this year but unfortunately my employer let me go. case created:15th June, Case updated:18th June. 1. Hi Raghu, If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll?