thank you. You can go for H-1B stamping to your nearby American consulate. Now, my current employer is asking me to leave the country as my petition was denied. Hi Raghu, I got My H1b approved and started from October 1st, 2019. 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. I would need to H1B, F1 respectively. Thanks !! I am currenty on h4 and recently got an h1b visa now for saftey purposes had also filed other h1b with diff company earliar. So they requested a data fix to SEVP to fix my SEVIS record. Im on F1 Visa Status currently working in USA on STEM OPT. Thanks. Ask your attorney or submit this via Ask an attorney by Email. Please suggest me. P.S: also my husband will join me in the US. I would wait for the approval notice. My question is, where do I go to receive this stamp I read about ? If I leave my current employer, then Can I get it stamped on my own/new employer/US company? Since the consultancy hasnt replied for rfe yet, could I travel to India on h4, he said that dec 1st week is the deadline to reply, So could I return by that time, So that Once I am back, they can reply for RFE. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. My H1B (sponsored by my employer) was approved in Oct2019 and so far it was not stamped. HI, my H1b extension (129) and H4 extension (I539) applications together filed on Feb 02 , 2016 , h1b has been approved on 06/15 , but the h4 extension has not been approved till now . 1. Nevertheless we would like to stay and work in the US. If your employer is not giving the letter, then you have to go with what they have given. I have got my h1 approved october 20th. Can I apply for another position with another employer without having them go through H1b process (since mine is already approved) ? Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. I have made it easier to Ask an Immigration Attorney via Email or Phone (and it costs less), *https://www.happyschools.com/ask-an-attorney/*. How long can it be allowed/valid to be stamped? In Mar 2019, my employer had filed an amendment for change of location. Talk to your Employers attorney. https://www.happyschools.com/ask-an-attorney/. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. When your legal stay/status in USA could be affected, always seek legal help. If I file an amendment, I have to wait for the approval notice and then go for stamping which might take more time. Travel, whether for personal or professional reasons, can be an exciting . You should try to transfer before they withdraw. After your H1B Visa is approved, you have to follow the path back from USCIS. If H1 done vs CP, then you will stop working when you enter the US on H4. My employer files an H1B cap-subject petition for an F-1 student on April 1st. In 2018 November I had to leave US and (the organization where I was working) because of a family I have a planned trip to India on 27th October 2016 for around a month. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. I cant advice on questions affecting your legal stay in USA. 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. Dont try to save on FICA taxes . Stamping is not required unless you leave the country and enter again. Still the status show it is under review, I am not sure what is the processing time in general. Replied Rfe in November , still waiting for results. so I have my opt active until july 7th and H1B approved with visa interview on the 17th in India. Will I have too wait for 3 months to get the three payslips or can I travel and join my employer after coming back? I got laid off -> switched to h4 ( while waiting for approval ) -> filed h1. Please share if you get any answer so to your question. I had traveled to the USA from my India employer for client X with a valid petition from 2-Sep-2018 to 1-June-2019. I am on the place as you are. I am applying for cap-exempt H1B by my prospective employers petition with premium processing. Do I have to await the approval notice before joining the work force? If you move before you receive the notice, call customer service at 1-800-375-5283.. H1B Approval notice sent to employer. 7. Were you able to find out whether we can apply for COS or how did you go forward? USCIS publishes these figures on a weekly basis. Company B is filing H1b for me. For how much time can I be on this visa without stamping? if i have the H1b Visa stamping on the passport, can i arrive in the US after my OPT expires, and continue working for my current employer? Thank you. My employer says it could take upto 4 weeks. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. My friend is going to graduate with MS in the 1st week of may 2013 (next month). My new employer has filed the H1b transfer in October 05 2015. USCIS now provides a copy of the I-129 petition directly to US consulates. So I think I lost my visa status. Hi , i have been applied H1-B for visa through my employer and i got the visa and the visa validity expires on March 7,2012. currently i am in India. all the same forms, and interview etc? So, will my last year case have any impact on this year, as I didnt go last year. Please review this material carefully. Such guidance does not carry the binding force of law or regulation. Updating the address in USCIS website is sufficient or anything else is required? You can do premium for faster approval. If yes, I need to get updated project/client related documents from the employer who filled. (Or) How much time do I have, to travel outside the country and get the H1B Stamping? Hi, I had a talk with a firm and they said they will file my H1B visa & after I will get approval they will search for a job. Post the question to Attorney Murali via Ask an Attorney. I hope my next visa stamping is also go to be in Hyderabad .Could you let me know whether there would be any chance of rejection in next visa interview ?. H1b extension is taking about 5 months for regular processing. E2 EAD maybe better then H4 EAD. If you do premium processing, then you can get approval in May/June. because i can extend my visa when i am US only. Thats the conversation you should have with your employer and attorney. After approval of my petition, how long can i wait for change of status or getting stamped ? I am Assuming you are in US and working with some company on L1 based on your statement that you have H1B approved for 2012, you have the following options:-, 1. My joining date with other employer is after 3 weeks. Its very helpful. 3. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. I would list where you are working right now as current employment. Only when you travel. However, the USCIS has generally applied the analysis contained in the letter since 2004. https://premium.happyschools.com/course/consulting/, Hi Raghu, Thanks for the great information. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. Hey Akash, did you travel outside and were able to come back on L1, What was solution given by Attorney, if we travel outside USA after COS approved but before its effective date?? My company applied for the H1B but are now saying that there are no projects. Due to some reasons their department HOD is not going to sign the OPT form. Can I go for H1b visa stamping this year with the petition approved documents? 4. Will the H1B come in effect from 10/01/2017 ? Would my H1B visa expire at some point if I do not adjust my status? Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. Please be sure to do the same for your dependent(s). Im not sure. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. Thanks. I am in same shoes of yours , please provide expert opinion on what you have done with your case or any other suggestion? The DOB is in the new I-94 which is at the bottom of the I-797 document. So i wanted to schedule the H1B interview by the second week of Oct-09. Depending on your status change. 2) My H1B is filed by employer based in Seattle. Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. I am on F1 status , and its valid till feb 2018 . In this scenario the H1 visa is filed through consultancy and the beneficiary is currently in USA with H4 status. same office location but the new address of residence is in different county. 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 ? 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 you dont have valid H1B Stamp, then you will fill DS-160, pay Visa Fees, get an appointment, and attend an interview. 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 ? As a follow up, in your experience, if I get an approval so late in the system (November / December), generally how much time will I have between the visa approval date and start date (for working). 3. Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas: They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. And Ill be working remotely. What should be the next steps for me ? My wife is expecting and she will not able to travel anytime soon for the stamping. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. Yes. Do you see an issue with this? 2) If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama ? Dont have an ETA. Is that realistic or did we mix things up? Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? However I have a bit tricky situation. My OPT is valid until October 12th. But I have left from the company which applied my H1B. I joined them in 2018 when I was on F1 . ** Note that the name on your passport must match the name on your I-797 approval notice. 1. Your emoloyers attorney should answer this question. See the questions in there. Now things here are going good so thinking to change to new client and new location again. If i find a new employer will I still be cap exempt? Questions affecting your status should be answered by an attorney. First Do i have any problem in visa stamping? Im yet to get the mail . Or should I choose the drop box option after I get my initial H1 stamped. 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. 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.