travel after h1b change of status approved

2. 3. Prior to this my OPT ended on 09/26/2016. I will appreciate any legal and serious advise on this matter. Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. I did not get my master's degree yet and luckly i got my OPT started lasy year. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . Once you are in US ask the new employer to file for COS with I94, 2. My H1B lottery is picked up this year. First, you must be present in the U.S. at the time your employer files your extension petition. and how many months I can work on L1B ( as L1Bs validity is till the end of FY2021). Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. As per USCIS website, filing is mandatory but approval is not to work in new location. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Doing so will result in the abandonment of the H-1B change of status and will require that you obtain an H-1B visa stamp AFTER the H-1B petition is approved and use that to enter the US AFTER September 20. You should review all of this information after each H-1B approval. My H1B status is approved . This September is my second year in here with maintaining my F1 status.Luckily I found a sponsorship for H1B visa and my petition has been APPROVED yesterday. Replied Rfe in November , still waiting for results. What form do I have to submit for the visa interview? I am go to apply for H1 B extension. 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? 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? I am on the place as you are. I have not gone for stamping yet. I hope you will be able to help me. I am in the middle of finishing my last semester of school. 2. 2) when can i go for the stamping?? We recommend traveling with a copy of the I-129 (I-797B) approval notice, especially if you intend to request a consulate-issued visa. Most clients do not have problems with their visa applications in Canada especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada. Work for Company A generate at least 2 pay stubs and then do the transfer? If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Join your employer who has filed H1 wait for atleast 1-3 payslips and than ask your new employer to transfer H1. My employer files an H1B cap-subject petition for an F-1 student on April 1st. I have to visit India for 20 days( father not feeling well) planing to leave may last week or June 1st week. can i re-enter USA on my F1 visa without any issues in port of entry?. Heres my opinion: Hire Us. I got my petition approved till September 2017. 1. 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. 4)Can the new company utilize my approved petition? There are some exceptions to this rule. Hi Rushi, Hello, So questions to you are: 1. While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. Will there be any issue with that on stamping. Please contact our office if you would like to initiate a permanent residence application. 1. My H1B has been approved and i am staying in india. 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. How to Apply for H1B from H4 Visa Status. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. I have my visa stamped this September and I want to travel in the month of March. The H1B petition is approved on October 27th. thanks My initial H-1B petition got approved in April 2020, but unfortunately it is valid until September 21st, 2020. 3. But my attorney filled the form incorrectly. DEC 2015 still waiting for final decision .. Do we need to visit counsellte again for stamping? Of course, if i receive the hard copy of I797 by 20th dec the above problems will be eliminated. 1) How Can I know that my Petition was approved using PP or normal processing 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. 3. You will be required to upload a digital photograph. 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. Could you please tell me how much time it will take to receive the Approved petition. But I too am in a same boat, Hey Raghu. My first trip to Canada will be August 2011. Please set aside time to complete this form. Thank you. If my husband visa gets approved by nov15, do I need to wait for the documents? Immigration Alerts: FAQ: International Travel During F-1 to H-1B Change of Status Scroll Down Menu Share It our history our process travel FAQ news contact California - San Jose HQ 3590 N. First St., Suite 310 San Jose, CA 95134 Phone: 408-432-9200 Fax: 408-432-9191 Nevada - Las Vegas Office 8985 S. Eastern Avenue, Suite 160 Las Vegas, NV 89123 Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Im not sure where you can attend the visa interview from. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa. Did you transfer your H1B to your current client without working with Employer Y? I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. Even when I work in consultant, is there any process that should be completed before I travel from India. My attorney told you can get stamped anytime before your STEM OPT expires my question is. but what will happen at the time of stamping.? Can this be done ? 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? I know the alternative is to wait together to go as family. So, may that be an issue while applying to H1B (inside usa) with a passport without empty pages? Will it create problems during H1b stamping in India during interview ? My passport was stolen on 05/28/2017 in Los Angeles. 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. 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? You will fill DS-160 as if you are going to attend an interview with Company A. Question I have is my husband was in F1 and went ahead with divorce. @Fanny We don't provide legal help. However getting visa appointments in India is also hard so you just pick your poison I guess. Dhara Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. Hi HSB, For more information, please refer to theU.S. Department of State website specifically designed for people seeking U.S. visas. I got a new project with a start date Jan 2nd 2019. I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). https://askanattorney.happyschools.com/, Hi , No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Hey RFE and travel puts you in tough spot. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. I am currently living in USA and working as a full-time employee with the same employer for 2years. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Could you please tell me how many days it will take for replacement copy of Approval notice. 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 cant work without SSN and I cant get SSN with this issue?? you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. However, we cannot predict if you will face any issues unless we have more information about your specific case. My parents are coming to US for a visit. My employer is willing to extend my petition, but employer is saying that they can only do it after the current petition expires. If you are dealing with such cases, you should have acted before Sep 30 to fix SEVIS. Is there a final date where I would need to take on my H1B visa? So can we file one more amendment without any issue when the previous petition is still in progress? Will my extension application be cancelled and do I need to apply again? I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. Is i am eligible to stamp by next employer OR my petition is waste. When I checked my status online on Sep 6th 2012 I noticed that my petition was approved with the following message. If I have applied for H1 in March 2011, it would have got activated on Oct 1, 2011, but since we have already crossed that date, I am not sure what will happen. This may help a consular office understand that your work does not have potential application for national security or terrorism. This year if I want to go for a job or higher studies in US. Your dependents H-4 status is valid until the end validity date of their most recently issued I-94 cards. In 2004, the U.S. E2 EAD maybe better then H4 EAD. On April,15 a Company A filled my H1 work visa. Due to some personal circumstances, I have resigned from my present employer so my visa interview will not be scheduled and I will not go for Visa Stamping. 1. In 2018 November I had to leave US and (the organization where I was working) because of a family Now My employer requested me to come to USA. 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 . 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 wanted to visit home before I start my job. What happens to my H1 b status? Please help me by providing answers to these questions. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Congrats on H1B approval. Hello Everyone, Do you see an issue with this? 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. Please let me know. My company applied for the H1B but are now saying that there are no projects. Unfortunately, there is no empty pages left on my passport. Talk to an attorney and figure out the plans and status. But my Visa Petition status is showing active and approved. 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. pls help. Talk to your Employers attorney. It will say Post-Decision Activity. However, there are a few things you need to know before 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. My H1B receipt received on April. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers. So its a negative in my case and ill be counted in cap? and stamping. 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. What documents should i carry in both situations(processing time and after acceptance of H1B). Can I go for H1b visa stamping this year with the petition approved documents? See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. 6. I need to go outside US for visa stamping in order to start working and return back with COS. Now My question is. An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. (same sate). 1) You need to enter petition no in ur wifes DS160 . Will this be ok? I have not done anything regarding the h1b. But now the requirement is not there with client Y. 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. Raghu , 1) My doubt is if my Case gets Approved with in couple of weeks ,will my status automatically changes from H4 to H1B or I will be still on H4 status. 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. Employment duration with present employer 6 months. There are two steps involved in changing visa status from H-1B to F-1. I94 validity and with what Visa Type You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. Thelist of member countries is here. Kindly reply. My H-1B got approved recently as my employer applied it through Bachelor's degree. 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. If i go what will be the problem to my H1B? If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. I am bit worried on this status, can you please help me to understand this status. So, seek legal counsel in this case. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. Ask it via Ask an Attorney ( through this blog ) Hello, The DOB is in the new I-94 which is at the bottom of the I-797 document. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Thanks. Also, i have a b1 from the present company. My H1B visa has been approved with a change in status (F1 to H1B). Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. 5. I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. Why are you asking questions impacting your status on forums? I went to PAI on 11/18. ), 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.

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