travel after h1b change of status approvedtravel after h1b change of status approved

Why are you giving incorrect info? 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. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Why are you asking questions impacting your status on forums? However, the USCIS has generally applied the analysis contained in the letter since 2004. However, there are a few things you need to know before you travel. but what will happen at the time of stamping.? Hi, My cousin has been thinking about getting his h1b visa in order to get the career that he wants. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . In the past, this was an option, but currently, only visa renewals can be done in Mexico. Your dependents will also be unable to be admitted in H-4 nonimmigrant status. I currently live in the US. PDF Instructions for LS intl f-s in H1B in US - middlebury.edu I was planning to come back to US on L1 and then switch to H1B after coming back. http://www.happyschools.com/ask-an-attorney/. 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. You can attend the interview as a family ( H1B and H4) together. I came to US in 2006 for my Master's. Now i am again applying for H1-B and my new employer is asking the receipt number or the approval number of my previous application which i dont have. can i re-enter USA on my F1 visa without any issues in port of entry?. Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. I am on OPT right now till June 2011. please do let me know. If H1 done vs CP, then you will stop working when you enter the US on H4. Any other Visa (L1 or B1 etc ) NO other Visa because i can extend my visa when i am US only. Sumit, if you want faster processing, then convert to Premium. Last year, H-1B visa applications submitted during first 2, H1B Visa Premium Processing is suspended for up to 6 months by USCIS starting April 3, 2017. Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. Do I need some documents and letter from my employer before I fly to US? 2. or we are good to travel with updated LCA. If you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. 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. I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. 1. This year if I want to go for a job or higher studies in US. Please reply ASAP! After H1B Visa Approval Notice Sent How this H1B visa be utilized in these two cases: Generally, if a person changes their status to H-1B, they should be able to travel and obtain an H-1B visa in your passport from the US Consulate. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. I stayed in Us in L1A visa from 2009 to 2011 and returned back to India without doing L1 extension. 1. Thank you in advance. 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? Close All Open All Cap-Gap Extensions Eligibility for an Extension You can alter the auto-generated information to tailor it for your dependents. Nationality- Indian Hey You will need to submit new ds-160 to update the employer. Dont try to save on FICA taxes . They are going to apply for h4. Current Status H1B Approved I need to travel to India by this month end. 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. I am already in the US. Id have a question. While the example used was a change from F-1 to H1B, there are other scenarios in which the same logic applies. My H1B(i797) Got approved on may 17th, 2016. However, we cannot predict if you will face any issues unless we have more information about your specific case. 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. My Employer file H1B visa under Premium processing. Please contact our office before making travel plans. What are all the details/documents required for scheduling the interview? FAQ: International Travel During F-1 to H-1B Change of Status Please advise. Please help me guys, I am totally confused on this. However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). I have an approved H1 visa in 2008 with a valid I797 petition until oct 2011, however i didnt went to consulate for stamping. H1B Change of Status vs Consular Processing. Pros & Cons [2022] - RedBus2US Thanks for the detailed reply. Im on F1 Visa Status currently working in USA on STEM OPT. I have only LCA ETA form 9035 & 9035E. 1. 1. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. 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. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. 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. When I went to DMV they are saying I am still on F-1 Visa, so they insisted me to change my status to H-1B and come back. would there be any problem returning US at the port of entry ? I have an active L2 EAD and I am working at the moment. My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. Extension of Post Completion Optional Practical Training (OPT - USCIS My H1 got approved in August. Or should I do the same my employer has asked me to do. If L1/L2 extension is applied and approved, can my family travel to India in June/July 2017, get L2 stamped in India and return on L2 BEFORE 31 July 2017? 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. I am still on my OPT that runs till next year June. I got my H1B approved in 2013 and stamped in 2015. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. Yes. But my client job can be terminated before visiting India by Oct10,2016. The H1B petition is approved on July 1st. 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. Looks like you have figured out the best path and as you said, theres no ideal option. So can we file one more amendment without any issue when the previous petition is still in progress? I plan to travel to India on 20th dec. Can i travel to india in case i dont receive the hard copy of updated I797 by 20th dec? Opt Expiration date : December, 2012 If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? After 30 days, it will have to be done through an extension with USCIS. When should I go for stamping looking into the current corona situation. 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 also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. I am taking appointment for H1b Stamping and H4 visa for my wife. Which category does this come under. Let me know what does my status mean . It will be bumpy ride. In the meantime, my spouse got a Full Time offer with Company B. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Still the status show it is under review, I am not sure what is the processing time in general. 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. My H1B status is approved . I have been postponing travel abroad because it is not suggested while approval is in process. I am looking to file H1 visa. My OPT is valid until October 12th. did your employer provided you a copy of h1b petition application to you? Hi My friend has a situation where any of your suggestion would do a great help. Please Help. I am currently working as a full time employee Programmer analyst in e-verified company. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. pls help. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). Can i apply for the H1 B visa NOW?? I got my h1b petition approved filed by my previous employer couple of days back. It will say Post-Decision Activity. My attorney recommended that I should not travel to India until next summer. Please respond. My case falls under h4>h1. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. Based on these facts, the change of . *You do not need to present your original I-797 approval notice at your visa interview. Currently I am on F-1 Student Visa. A: Status changes are handled by USCIS. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Visit this page frequently to know the latest updates. Help I have a family emergency and that made me go from 19th of september to 24th of september. There are a few very important changes made, that certainly benefit the thousands of H-1B Visa applicants. We cannot complete the DS-160 for you, but we are happy to answer any questions. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Should amendment be filed before Oct 1?? Does this mean they sent the reciept that they received our request? Now company B has filled H1B as COS and it got approved with start date after one month of H1B COS approval date. You have to consult an immigration attorney to get all the necessary answers to your unique situation or for additional questions. I will NOT be travelling out of the country. My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. Do I have to await the approval notice before joining the work force? My H1 is approved for the FY2017. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. My extension of H1B i129 was approved last week and I am living within US now. Second, submit a change of status application. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? What is Premium Processing? I94 is generally used for your entry and exit in US. All Rights Reserved. It seems in either of the two cases I have to attend the visa interview in the home country. Thanks. Talk to an attorney and figure out the plans and status. Same company, same role. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice I am in US with H4 visa and my H1B Petition with Change of status is picked up in the lottery this year and is currently in process. The original I-797 approval notice. Is this a right thing to do ? Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. I live outside of the US, and only 10 days to find apt and get ready to work?? if yes then how. Is their a validity associated with it. Company B is a consultancy company. 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). What are our options ? Please contact our office before making travel plans. Or my H1B has to be stamped in my passport to be eligible for employer change? Show them your I-94. Meanwhile he was unable to attend residency and makeup session class in his last semester. @Fanny We don't provide legal help. I94 validity and with what Visa Type Not sure about I94, visa type is H1B Is there any company who can do H1 B visa can just reply me. 1. I know so many who got benefits from the second degree (completing it). This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Your 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. Timing is upto you based on your circumstances. If I go for stamping in India for H4b will I have any problem ? I will appreciate any legal and serious advise on this matter. I want to transfer to new employer once i got my 797. Please can you share pros and cons for both the options or are they correct options to chose. Living within US without COS? currently iam in USA So, seek legal counsel in this case. 3. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. My question is, where do I go to receive this stamp I read about ? Will my extension application be cancelled and do I need to apply again? My H1 is approved as consular processing for FY2017. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog You have 3 options. Hi Raghu, All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Hi, Do I need to go back to india for stamping or can I continue with h1b? It should come to you within 2 weeks. My H1 is starting from Jan 01, 2011. 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. I have got a valid H1b approved petition from my current employer. E2 EAD maybe better then H4 EAD. Same steps as applying for new Visa. Hi Arun, I travelled in h4 to USA And currently I live in USA ..but I have applied h1 on 2019 April 1stand only in 2020 July it got approved Please suggest I am in huge confusion and tension. Congrats on H1B approval. 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. If my husband visa gets approved by nov15, do I need to wait for the documents? Is there any dependency of result of one amendment on the other. 1. Can I attend the interview by oct-09? We were thinking (since were already engaged) to get married soon and then he could apply for the E-2 Spouse Visa and EAD after. Is it ok to wait for more than 3 momths after my H1 approval? Do you see an issue with this? Knowing that the COS already taken place and SEVIS record has completed, is there still a way to transfer my H1B to my new employer? 2. 1. What happens to my H1 b status? I am currently in Singapore. Im in the very same situation as you were in. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? Hello Everyone, But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. 1. Shanvi. I joined them in 2018 when I was on F1 . 2. Ive 4 years work exp. People are still waiting for H1B results filed in April 2015. My H1B visa has been approved with a change in status (F1 to H1B). Current Location India 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. Nationality Visa Validity In 2004, the U.S. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. Will my visa become invalid or will it still be valid after few months? And, Does 3 year duration starts from stamping date, or it is from Oct2019? Please suggest me. If you do premium processing, then you can get approval in May/June. Please let me know if this is advisable and if not what are the consequences. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. I am in a similar situation. Travelling to US for the first time. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo My petition got approved. You have to understand the concept of H1B Visa and Change of Status. Ask your employers attorney 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. Will my current H1-B application get rejected because i dont have these details? My question: Is there any problem in entering to USA as I am going after one year of approval? ** Note that the name on your passport must match the name on your I-797 approval notice. is this usual? thanks Now got dutch citizenship.Pl.let me know the next step for getting visa stamped. A copy of your visa stamping appointment letter. I have valid H1b petition until 2014. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. 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. Please schedule a call we can discuss https://www.happyschools.com/ask-raghu/. yes , responded to RFE in NOV 2015 . F1 Visa Expired in July, 2012 Will there be chance for getting stamped if I attend the interview late? Checking the feasibility of changing employer Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. Can this be done ? My OPT extension came in effect from 10/01/2016. You need an H1B stamp to enter as H1B status. Can you please tell me what is the percentages of cases still approval pending with USCIS. A copy of your DS-160 receipt. My employer applied my H1B on 4-4-2010. it is still in pending.my question is. 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. But i have not received hard copy of documents. If you move before you receive the notice, call customer service at 1-800-375-5283.. Meanwhile, I am getting married in Dec 2016 and would like to travel on f2 ( My fiancee is on OPT). I hope you will be able to help me. I am in the middle of finishing my last semester of school. My H1b got approved for Fiscal year 2015 on 5th Dec,2015. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. You may have different questions with respect to this situation. Can I travel to home country and return without getting my H1b stamp? What was your status when you got denied notice? I m planning to go to USA. 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. You can start working only after the start date on I797 approval notice for new H1 petitions. In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer those forms are also part of the H-1B package. So, I have 2 questions: Will the company C file new H1B (on what basis) . Or do I need to work with employer Y at least few months? within 2 weeks. Can I go for stamping here in US consulate rather than going for stamping in India? 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. reagards Thank you. Otherwise, the issuance of your visa may be delayed. My spouse live outside of US. H1B Petition Approved with Change of Status (COS) if you live within the U.S. H1B Petition Approved without Change of Status, you live within the U.S. (this not a typical scenario), H1B Approved and you live outside the United States. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things.

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