But now I got an offer from company B. I want to join company B instead of A. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. Will the company C file new H1B (on what basis) They can file new H1 B on the basis of your qualification this will be treated as a new case and you will have to go to your home country to get stamped Your employer will provide you the I9 form to fill for them and it's only after your joining! 2. Should I go to my home country for H1-B visa stamping or it is too risky for me? H1B from withon previous 6 years will not count under Cap. So what shall we do ? you have to provide EAC NO SOME IS VERY HELP FULL. So questions to you are: 1. H1B Transition Issues: International Travel - Murthy Let's look at how it works and why USCIS will abandon your COS application. My friend has a situation where any of your suggestion would do a great help. If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). I have my H1B visa approved. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. Is there any risk to get H4 visa, since my visa is expiring in next 2 weeks. A copy of you VAC-stamped DS-160 confirmation page. I have got my h1 approved october 20th. Please advise so that i can plan accordingly. I have already used my OPT and OPT extension. 1. H1B Transfer & Change of Employer - Full Guide (2023) After H1B Visa Approval Notice Sent Hi, I am applying for H1B COS on 01-APR-2017. 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. So I think I lost my visa status. i read from various web sites saying generally people go to either MEXICO or CANADA. I will started working with new employer next month . You have to talk to a few attorneys to find different solutions and then pick one. I have received i797c notice of approval. My friends are telling like she should give some 221G atleast if she needs to hold approval. I have the copy of the police report that was filed when I lost my passport. URGENT! If I leave my current employer, then Can I get it stamped on my own/new employer/US company? Can I Travel When H1b Amendment Is Pending? The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. currently embassy is not operation for normal window due to COVID I got my visa Approved under Premium Procesing yesterday. Hi, You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. Please help me by providing answers to these questions. But I have applied from third party employer and now due to pandemic situation getting new project is difficult. 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. Most visa applicants must appear at a consulate for personal interviews. Check the Processing Time, usually, H1B and H4 gets approved at the same time. It would be of great help if you can answer me the above questions. 3. I am an Indian citizen, so is it true that I should have my initial stamping done in India only ? 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. Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview. L1/L2 extension is also being applied by company. See the questions in there. 3. My spouse live outside of US. Thank you so much for setting up this website and blog. What should I do now ? Some changes may require an amended H-1B petition. MY H1B employer is OK to work with Dell in Austin. Only your employer can help you with this case. If I can return on F1 visa what is the last date I can enter with F1 visa? This processing can take several weeks. I will appreciate any legal and serious advise on this matter. Please advise. 1. Once you are in US ask the new employer to file for COS with I94, 2. Is this a right thing to do ? I have H1-B petititon approved in 10th October 2010. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. Documents related to your H-1B petition. Yes. I had my H-1B petition approved from last year, but my employer is asking me to wait since the job situation is not good in the U.S. What should I do. 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. Unfortunately the communication with the US embassy here is very complicated. or will it be a new h1b and i will be placed in lottery? Can I travel to home country and return without getting my H1b stamp? I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Our company doesnt support E-2 Visas anymore. I have plan to visit india march . I got my h1b petition approved filed by my previous employer couple of days back. I must have to visit India from Dec2 -Dec28. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) 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 :(. 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. Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid) If the new company filed H1 with I94 than your I94 is nolonger valid. How do keep it active? In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. You can start working only after the start date on I797 approval notice for new H1 petitions. I have not gone for stamping yet. You dont necessarily have to start working on the start date. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Can I put resignation and wait to join other employer ? If you continue working, you run the . Activation of my h1b is October 1st 2016. Currently I am in my post completion OPT. This is not the suspension of H1B Visa program. My employer specifically mentioned that they will revoke my petition on or before 30th September. He just received a mail from university that his sevis is terminated and out of status now. Thanks !! Can I have my first H1B visa stamped in Canada? Does anyone know how long an amendment takes? What are the options available for me to go for stamping for change of visa status? Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? yes , responded to RFE in NOV 2015 . The prospective employer initiates the process by filing a Labor Condition Application (LCA) with the Department of Labor (DOL). I have to make lot of assumptions since you have not mentioned your current status:- Ive my client letter, pay stubs, W2 forms everything clean. You should have the Approval Notice with you. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. currently iam in USA 1. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Same company, same role. In Mar 2019, my employer had filed an amendment for change of location. in the US, Im in the same location and same client. If you told for me to went there and got the stamp when would you suggest? Due to emergency I would like to travel to my home country on 7th October 2016 and return in Nov first week. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. You can also post it via As an Attorney here. document posted to employer and I am a resident of UAE and Indian Citizen, Should We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. My H1b is approved with change of status , can I travel to india and return back before 30th of september , without the stamping being done ? Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Now my question is after approval how long i can wait to fetch my first job? I am with the F1 status and currently living in USA and doing 2nd masters, both from USA; but my H1B has been approved from April 1st for a university research job. It happens and theres nothing you can do but wait. You need to ask an Attorney. I cant work without SSN and I cant get SSN with this issue?? My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Now, my current employer is asking me to leave the country as my petition was denied. Refer to US Consulate website and Required Documents list in this blog. Are some people still awaiting their h1b visa approval? 1. 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. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012. H-1B Travel - National Institutes of Health We dont know what will happen to H4 EAd. My OPT is valid until October 12th. I am still waiting for I797 from my company A. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? Ask your employers attorney H1B Petition approved but I-94 is not updated - Immihelp 3. Visa processing times and questions can be stressful at times, thank you for replying to the queries. I think 6 years will start when H1B status is activated. Would my H1B visa expire at some point if I do not adjust my status? I just got a new Job Offer, is H1 transfer now a good idea? 2)What will happened to my H1B visa if COS is applied and come back from India with H4 stamping ? Thelist of member countries is here. 2. and stamping. I am afraid of expiry date, what will be best solution for it . Travel After H1b Change Of Status Approved 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. After going there i would like to change my status to H1B from F2. I am in US with H4 dependent visa in which I wasnt authorized to work. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. 4)Can the new company utilize my approved petition? The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. Would it give problem to me ? I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. If you do premium processing, then you can get approval in May/June. My friend wanted to take the legal action he is having all the proof when the money transfers etc. I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? On April 13, 2015, we received your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EACXXXXXX, and sent you the receipt notice that describes how we will process your case. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/. Go for stamping and did you ask your employers attorney? My h1b approved now I am going to attend for stamping.I want to take my husband and 2yrs kid for h4b is it OK to attend all together for stamping at a time.my husband is a chef who qualification is only diploma does it impact on stamping please help.thank u. Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. 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. Please suggest. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. And petition validity is till October 2013. Am I considered out of status ? 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 ? Hi Raghu, Which category does this come under. We cannot complete the DS-160 for you, but we are happy to answer any questions. Extension of Post Completion Optional Practical Training (OPT - USCIS My VO told like your VISA can be approved in 3 to 5 businssday once reviewed your H1B amendament. 1)Do you think my visa can get transferred to company B?? 1. If you have your H-1B approved, have to get the H1B stamp before entering America. I got my H1B application approved and also done with the stamping on may 2012 . I can return back to work to the same employer or different employer after few months. But, theres no status for mailing the notice. Why are you hesitant to renew your passport? Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. Shanvi. Now things here are going good so thinking to change to new client and new location again. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. Issues to deliberate on If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? within 2 weeks. Thanks for your response. I am a little confused as to when to have my visa stamped. If yes, I need to get updated project/client related documents from the employer who filled. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. 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. I have to go for stamping in Chennai. When i went for stamping i was issuecd 221(g) and after 2 months my was petition sent back to USCIS for further review. Or go with the existing Ds-160 and show them the approval notice when questioned. And now his petition is getting expired in july 2011. I think your employer can extend H1B petition up to 6 months before. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy Waited for i-129 approval but dont want to waste the chance of F1 visa. But i have not received hard copy of documents. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don't have any as i don't start working until the October 1st 2009. will the US consulate deny my visa if i don't have my pay stub? Still my application is not approved. Im not sure where you can attend the visa interview from. 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 am filing my H1b in April 2017. (or) Am I suppose to have October pay-stub i..e on H1 status. Hi, When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. Hello Raghu, Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active.