Please share your case. My H1B got approved from dec 31 2015. If USCIS approves the H-1B petition and the accompanying change of status request, the earliest date that the student may start the approved H-1B employment is Oct. 1, but the beneficiary's OPT employment authorization may expire before the H-1B start date. But I never travelled on this VISA. I have couple of questions? Can I have my first H1B visa stamped in Canada? Is it mandatory to get the H1B VISA Stamping after the H1B is approved. The student's OPT is valid until November 30th. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. My question is there any time period I will have to stay in Seattle before I move to Austin or I can directly go to Austin and work with Dell. Same company, same role. Such guidance does not carry the binding force of law or regulation. You can do premium for faster approval. You can start working on or after your H-1B visa start date (noted on the Approval Notice) if your petition is approved with a change of status and you live in the United States. But my attorney filled the form incorrectly. If yes what is the procedure? hi Raghu Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. 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. I have completed Masters in Computer Science and currently pursuing MBA on F1 visa. My employers attorney has filed a service request too with USCIS, but no updates yet. But : Before you may visit the United States on an H1B visa, you must get a physical copy of your approved H1B's i797 and apply for an H1B visa at a . 2. I hope you will be able to help me. My question is what are the consequences of not having the visa stamped immediately. Please follow any instructions on the notice. But, you would need a valid US visa (other than H1B) to re-enter the USA. You have 3 options. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Unfortunately, there is no empty pages left on my passport. or can I travel after my acceptance of H1B. I live inside USA and I have valid status. as i will be traveling to my home country that time. I got F1 Approval in June. Please suggest. As I was with F1 status and it will finish from Sept, during one month I dont have no status. In the past, this was an option, but currently, only visa renewals can be done in Mexico. Your email address will not be published. P.S. I was on F1 and recently changed from F1 to HIB. My employer says it could take upto 4 weeks. Hi My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. My question is how many days do I have before I join the work and use my H1B status ? I am in India. So, will my last year case have any impact on this year, as I didnt go last year. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. But, it is maybe good to get it clarified with an attorney. You can go for H-1B stamping to your nearby American consulate. If your visa application is approved it will be processed and mailed/available within 2 business days. If it was a coincidence then my petition was approved using normal processing and I should get my money back. You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. Will that be enough to show employer and employee relationship or still end client letter is required ? My petition got approved. thank you. My H1B was on RFE. I currently live in the US. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. What are the options available for me to go for stamping for change of visa status? Is this a practical scenario? Please contact our office before making travel plans. Mar 16, 2020 H1B Visa 2021 Premium Processing is Suspended Mar 20, 2020 All H1B and I-140 Premium Processing is Suspended due to Coronavirus All H1B & I-140 & I129 Premium Processing is Suspended USCIS just announced that all I-129 and I-140 Premium Processing is Suspended due to, The USCIS had just released the Interim Rules for H-1B visa applications. Does this mean they sent the reciept that they received our request? Will this be ok? I am very new to this blog. If yes, Can she apply for COS from H4 to H1 using old H1 approval ? I got my H1B approved through Consular notification. Required fields are marked *. Hi Raghu, I have a question regarding H1B visa appointment. 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? I live in New Zealand, but Im a citizen of UK; where should I apply for H-1B stamping? 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. I am applying for H1B COS on 01-APR-2017. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? 2. You should consult an attorney to see what options you have. Please let me know what should be done to correct my DOB??? I did not have petition copy with only i have WAC no. Hi, I went back to India and changed my F-1 Visa to H-1 B and visited back US on H-1B. Once you receive i797, within 40 days you should go for 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. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. file MTR or appeal. My DS 160 form status too in Administrative processing, can you please help me what should I do now? Could you please let me know all the possible options? 2> If I join a different employer after 6 months. Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. I got my H1B stamping done last year in Sep 2009. If your employer is not giving the letter, then you have to go with what they have given. Thanks for the great information. Im yet to get the mail . Go for stamping and did you ask your employers attorney? What should i do. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. *You do not need to present your original I-797 approval notice at your visa interview. If my employer file for extension with the start date Jan 2nd 2019. You will need to talk to an Immigration Attorney for your situation. I have a weird situation. RFE is answered and I am waiting for the reply. Published research and other works that are in the public domain should be included in the resume. But i have not received hard copy of documents. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Now my question is can I change my employer in May/June immediately after getting approval ? After going to India if i will not get stamping in India, Ask your employers attorney It will be bumpy ride. Its very helpful. I'm currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home? I have received i797c notice of approval. but what will happen at the time of stamping.? meanwhile i want to schedule visa interview for my spouse on Dec 2nd week with the existing petition which will expire in 31 Dec 2016. I had not scheduled my visa interview, and I didnt join that company. So he could start working again at least until April 2020. And now his petition is getting expired in july 2011. But before interview i will get my new H1B extension petition. Hi HSB, But during H1-B stamping what should i defend, if questioned about this? Can I transfer my H1B without working with employer Y before October. 2) Can I get stamping done in June 2017 (assuming my H1b gets approved and start date is Oct 1 2017)? You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. I will answer them in a video. Hi L1 to H1 with CP. Were you able to find out whether we can apply for COS or how did you go forward? The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. Is there a way to track the status? 1)My H1-B was filed using I129 in November, 2011. 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. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Lets say if my application picked up in lottery and Ill get result in May/June. I need your suggestion regarding the travel. Pls reply Currently I am in my post completion OPT. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) I wanted to inquire if the above mentioned documents along with my supporting documents like I94, all the I20s, EAD card, H1-B AUTHORIZATION form will be enough for my travel via Paris, as I was concerned that my new passport does not have any visa on it. Am I correct? If my Visa gets approved can I do a immediate transfer to Employer B as I got full time job and working with Employer B. Yes you can but you need the approval notice. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). It is therefore difficult to predict how long the wait will be for each visa issuance. 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. DEC 2015 still waiting for final decision .. At this movement can I transfer my h1b visa and can I apply for a change of status at the same time? So can i go to home country and stamp H1 on Aug 1st week or 2nd week. My next employer is ready to stamp. I came to India in June 2019 and then the project got changed so I started working for another client Y in India with the same employer and filed an amendment for that client. What is the consequences of never stamping or late stamping ? I traveled to India on June 20th and reentered the United States in F-1 OPT status on July 15th. If you will be traveling internationally, review the information below and refer to our COVID webpage ("Travel Guidance" section) for additional information. In this she cannot travel and neither u can extend her i-94 based on ur new petition. Sorry. Please correct your article. Is there any company who can do H1 B visa can just reply me. Im in H1B Status now and planning to transfer to new employer. But i am planning to change it to H1B. please help. I have one more offer from company C, My question is I applied for H1-B in 2007 and it was approved. If the H1B and L1B employer is same, would it be possible to travel (after COS is approved) and return using L1B visa stamp as L1B? My employer suggested me that your status will change only after applying for SSN ,till then you will be on H4 status. 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? My situation is similar to yours. My H1B I hope gets approved next week if so how long will it take for me to get it stamped? 1)i have opt extension up to 2018 july is still valid or not?? Myself Bhanu. You don't have any gap. After approval of my petition, how long can i wait for change of status or getting stamped ? You should review all of this information after each H-1B approval. Will my visa become invalid or will it still be valid after few months? My H1B visa has been approved with a change in status (F1 to H1B).