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* You do not need to present your original I-797 approval notice when you apply for entry into the U.S. So can i go to home country and stamp H1 on Aug 1st week or 2nd week. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. 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. While your H1B change of status is pending, you are free to travel outside of the United States. 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 ? You will be fine. currently embassy is not operation for normal window due to COVID Right now, I am on Post completion OPT and it ends on Feb 2021. There is an option to have your first H1B visa stamped in Canada. I am applying for H1B COS on 01-APR-2017. I am in a desparate situation. 2. Till what period my attorney/employer would receive the i797 approval Mail notice. 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. I have responded to an RFE and am awaiting the final approval, hopefully. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. My petitioner has sent me WO agreement between petitioner and client for whom I will work. 6. If it was a coincidence then my petition was approved using normal processing and I should get my money back. with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly? They are going to apply for h4. 2) You need to get your petition approved, enter this no and then get an appointment, Not a legal opinion. Thanks. All Rights Reserved. You dont have to wait until September or October to get Visa stamping for H1B. The original I-797 approval notice. When can I start working for the employer? I had started working with my new employer after I had received the petition filing receipt. I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it's October 2009. 3. 2. Will there be any serious issue duing VISA interview. Let me highlight the following: Only Premium Processing for H1B Visa is suspended. If you are interested in reaching out to us, please click here: P (413) 584-3232 Please set aside time to complete this form. Let's look at how it works and why USCIS will abandon your COS application. He just received a mail from university that his sevis is terminated and out of status now. But : Check the Processing Time at USCIS page. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. as i will be traveling to my home country that time. Only French Consulate can answer this question. 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. 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? I am currently in USA on h4 visa however I have an approved h1b petition which is not stamped. https://askanattorney.happyschools.com/, Hi , Even for my wife the DOB is wroing in the I-797. You should have the Approval Notice with you. 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 ? Can i travel India during the H1B processing time.? Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. 5. L1/L2 extension is also being applied by company. The last action rule does not change this fact because the last action that has been taken is the effective date of the H1B petition and change of status approval. 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. My questions are: You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Is there a way to salvage my petition ? H1B from withon previous 6 years will not count under Cap. Since then I have acquired alot of helpful information that has helped me tremendously. Hi Ram Im exactly at the same situation like yours now. For how much time can I be on this visa without stamping? My cousin has been thinking about getting his h1b visa in order to get the career that he wants. 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 Thanks, Hi Raghu, I havent understood if I have to complete the D160 form and pay another fee (the university already paid more than 2k USD) and schedule a meeting with an interview or if I should just go there and get my passport stamped. I want to schedule my spouse H4 visa interview on Dec 2nd week. Ganesh Thanks for highlighting it out. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. We dont know what will happen to H4 EAd. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. How long does it take to recived the hard copys to my petitioner? Can i still get my H1B stamped? I've got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. or reasonably safe to do so ? Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Check with your attorney or https://askanattorney.happyschools.com/. 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? Where are you getting information that you need 3 months pay stubs? 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. also one of my friend lost his 221G how can we get the copy of 221G? I have just received an online approval of my h1b application (finally) and am awaiting the approval notice. hi Raghu Help Whether my H1B will be denied etc? Can you please tell me what is the percentages of cases still approval pending with USCIS. Once you receive i797, within 40 days you should go for stamping? While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. I am currently on OPT with H1 Approved status starting from Oct 1, 2016. if my H1b is approved with change of status , do i need to go outside usa to get visa stamp ever? I just got this notice, but does it mean I got approved to technically be H1B status? Later in 2010 I come to US on L1B visa. It takes few days for the Database to sync between I-94 and DMV. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: My joining date with other employer is after 3 weeks. all the same forms, and interview etc? 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. Will my current H1-B application get rejected because i dont have these details? Question: I hope to hear back about my H1B next week (24/5/2012) if all is to plan out can I start work this summer or have I to wait till Oct 1st? please let me know how many days before the expiry date i have to reach US. In USCIS site, my case status was changed to approved on July 16, 2015. I have a weird situation. If I apply for H4 visa of my wife with in 1 month after my H1 stamping, will it cause any problem when my wife goes for stamping. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. I wanted to visit home before I start my job. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. I am searching for consultancy firms who will file my H1B visa. How far is this info correct? I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. Please help! Should he apply separately for an H4 or should we do it together? My H1B lottery is picked up this year. My Petition got selected for h1b by lottery. My spouse live outside of US. https://askanattorney.happyschools.com/. Please help me by providing answers to these questions. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012. Is there any dependency of result of one amendment on the other. My case falls under h4>h1. In Feb-20201 I went for the dropboxoption and the Visa got stamped with a petition with client Y. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. i m from canada i applied for my h1 extention and they deniel my extention so how many days i have to live usa after denial pleaase let me know any body is very helpfull for me also should i applay form here same company this year. But I have left from the company which applied my H1B. Your email address will not be published. I got married after 10 days of my H1 stamping. Only your employer can help you with this case. 1. Stamping before OPT expires 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. I met with Accident and i am not in a position to travel back to Chennai for Stamping will this reason would be good enough as i have already booked a Slot at hyderabad. I would like hear about your experiences or your advises on H1B visa stamping in Canada. News Flash: All H1B & I-140 Premium Processing is Suspended (incl H1B 2021), H-1B Visa: USCIS Interim Final H-1B Rules, H1B Visa Premium Processing is Suspended for 6 Months, H-1B Visa FY 2010 Cap Count Tracker: USCIS Updates, These Advanced Degree H1B Visa Cap Count Statistics Will Blow your Mind Away 2020 2019, https://egov.uscis.gov/casestatus/landing.do, https://www.happyschools.com/ask-an-attorney/, https://premium.happyschools.com/course/consulting/, http://www.happyschools.com/ask-an-attorney/, Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice), The attorney will send the Approval Notice and other documents to you (or Employer), You can schedule the H1B Visa Interview at the U.S. Embassy near your location. 1. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. 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. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. As you said, many of us are still awaiting the H1B approval.