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kindly help me please. My husband employer filled for my extension. ( OR) MY H1B employer is OK to work with Dell in Austin. Dont have an ETA. As you said, many of us are still awaiting the H1B approval. My next employer is ready to stamp. I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. Typical administrative delays are 2-4 weeks, but some are much longer. Can i leave country and return back to US before my H1 starts OR do i need to do H1 stamping before i come back. I was planning to come back to US on L1 and then switch to H1B after coming back. eligible to be considered for extra 20,000 forever (Please remember I already had an approved H1b and opted for the extra 20,000). Let me know if you have seen this before. My H1B lottery is picked up this year. If Your H-1B Petition Has Been Approved as a Change of Status: What are all the details/documents required for scheduling the interview? Thank you. You should ask the same questions to an Immigration Attorney. One my friend applied H1-b through consultancy under 2012 cap and his application got approved but due to personal difference that company is not willing to take him and mailed him stating that they are not willing to take but my friend paid $2500 for the process. Hi Raghu, I got My H1b approved and started from October 1st, 2019. But due to some issues I am not traveling and will be travelling in 2021. My H1B(i797) Got approved on may 17th, 2016. 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? 2) We have valid L1/L2 i-94 until Nov 2021, will that be good until we go to get the H1 stamped? 3. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. If the consular website suggests an employment verification letter, then please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx., Your machine-readable passport (valid for at least six months beyond your intended period of stay. I have got a questions when you received all the documents to get your visa stamped. She came to US in H4 Visa in 2009. Is this a practical scenario? 1. Quick question- I received the COS from L1B to H1B two days back. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. Need to go for stamping to activate my visa. P.S: also my husband will join me in the US. I would wait for the approval notice. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. For example, if you are engaged in bio-engineering, describe the purpose of your work renewable energy, for instance. I wont have time to get my visa changed over to H1B during this trip. So its a negative in my case and ill be counted in cap? Your employers attorney should have given you these details. Can I go for H1b visa stamping this year with the petition approved documents? 2. I am still waiting for I797 from my company A. https://www.happyschools.com/ask-an-attorney/. What form do I have to submit for the visa interview? Now My employer requested me to come to USA. You need to find new employer. Hi Raghu, 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. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. THANKS AS ADVISED I WILL GO FOR STAMPING WITH TWO PASSPORT AS MY H1B IS ALREADY APPROVED. Your Attorney should give the list of documents. I came to US in 2006 for my Master's. Can you please let me know does this validity mean by the validity of I-797 or is it the duration of the visa that i will receive once the H1B visa is stamped. Sorry, They gave Master service agreement and PO copy between them and client. I have recieved i797 a with notice date of 12/06/2016 , expiry of 12/06/2017 . 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. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. Our hopes are, that I could postpone my status adjustment to H1-B until April 2020. Do I need to go for stamping again after his H1 gets approved with new employer? How long can it be allowed/valid to be stamped? This processing can take several weeks. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term. I am on F1-OPT, and my H1 gets valid from Oct. 1. But my client job can be terminated before visiting India by Oct10,2016. Please post your question in Q&A section. How to Apply for H1B from H4 Visa Status. In USCIS site, my case status was changed to approved on July 16, 2015. If COS is approved, your L1 is gone! However, we cannot predict if you will face any issues unless we have more information about your specific case. But I too am in a same boat, Hey Raghu. 2.What are the options to get a valid I-94, without going back to my home country for stamping? What happens to my H1 b status? This includes changes in work location, salary, and job duties. Refer to comments policy. The USCIS stated that the change of status would take effect automatically on the effective date of the H1B petition / change-of-status notice of action of October 1, 2022, in this example. 1. 3) can you tell me after H1 approval, is it any rule to join employer immediately or is there a some certain time duration ? 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Please advise. 2. Copyright 2005 2022, MURTHY LAW FIRM. 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. 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. 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. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. This means I will not be able to transfer it to a new employer. Only your employer can help you with this case. We got new client new location so filed amendment. Yes. I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. But the location where i want to go for work is different state than the petition filed for a different state. Will my current H1-B application get rejected because i dont have these details? Am i excluded from quoata process if i want to process /transfer H1 with new consultant? The intervening admission to the U.S. does not override this later effective date. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. https://askanattorney.happyschools.com/. Stamping before OPT expires as i will be traveling to my home country that time. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? after I submitted my resignation.So, my employer revoked the h1b or rather a revoke notice has been initiated.My approval was from 11/11/2018 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? (Regular processing). Hi, Thanks. My fiance and I both work for the same company in the US. 2. If yes then what would be the approximate cost of status change ? Would i have to explain why there is a gap between my approval and commencement of work? First, you must be present in the U.S. at the time your employer files your extension petition. Thanks. I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. I am on h4 dependent on my husband h1b. My friend has a situation where any of your suggestion would do a great help. At the Consulate, you will be required to present the following: You may also be required to present copies of the H-1B petition documents and proof or your employment, such as a letter from your employer. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. You have 3 options. Also, please suggest if people are getting their H1B approved? Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. So in that case i need to attend visa interview again to make my travel. Do I have to apply for OPT extension? Is her H1B approved on Oct 2008 is till valid ? Can one more L1 to H2B COS is possible (I mean based on my L1 expired however 1-94 is valid). 9. Kindly guide me what should be my next step. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. After 30 days, it will have to be done through an extension with USCIS. Refer to application form I-129. This could be a change of status like F-1 visa to H-1B , L-2 to H-1B, L-1 to H-1B, H4 to H-1B or something else. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. 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. I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. would there be any problem returning US at the port of entry ? Use the https://forums.happyschools.com/ for Q&A. My attorney recommended that I should not travel to India until next summer. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? I got my H1B approved through Consular notification. Hi Raghu, My H1B petition is approved and I got the intimation on approval notice from my employer where I find that it is valid from 12th Sep, 2019 to 31st Dec, 2020. 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.

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