If the client allows for me to work remotely for 2 or 3 months can I work in India and run US payroll? http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. I dont know if the start date will be Oct 1 or day when they approve the petition (after Oct) and it doesnt really matter. 1. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. Can you please help me in understanding what should I do? Is that realistic or did we mix things up? I want to share my question to you hope I will get the answer. I have a valid F1 visa till 2021. On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. They may refile or do a MTR. 2. Will company B create any problem for me? I have responded to an RFE and am awaiting the final approval, hopefully. Let me know if you have seen this before. document posted to employer and I am a resident of UAE and Indian Citizen, Should Currently I am getting interview date of March 5th. What are the options available for me to go for stamping for change of visa status? If X is L1, you cannot and should not work on L1 beyond the H-1B start date. 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. Hi Raghu My case is similar to Abhisheks case. 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. After visa is approved, you should get the passport within 3 to 4 days. A copy of you VAC-stamped DS-160 confirmation page. In this scenario, USCIS may still approve the request for H1B by the employer, but the change of status request should be denied. Once your H1b is approved and your opt expires, CAP-GAP OPT kicks in. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued. Since then I have acquired alot of helpful information that has helped me tremendously. Since I am still in US, can another employer file cap exempt i-129 petition with COS as I am already counted in previous year cap ? Please help addressing tis issue. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. A DHS memorandum dated May 16, 2000 states that an alien in . You are right. I must have to visit India from Dec2 -Dec28. Im in L1, recently I received my H1B approved under Consular Processing (for Nonimmigrant visas). F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . 3. Hi Raghu, If you live outside the United States, you can schedule your H1B visa interview. Will that be enough to show employer and employee relationship or still end client letter is required ? Thanks. 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. Yes Hi Rushi, how soon and in what way I can travel to the USA ASAP. Later, you may jump ahead to certain sections. 3. Could you please provide the procedure in this case. To provide more details; (I have the option to chose two different places. I have my H1B visa approved. Hello Everyone, Looks like you have figured out the best path and as you said, theres no ideal option. 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. Should I have to appear again for visa count ? So, you can start working immediately. Or my H1B has to be stamped in my passport to be eligible for employer change? https://askanattorney.happyschools.com/. I liked what you said about how they should get the stamp on their passport during an interview at the US embassy. 2. The employer sponsoring the H4 visa holder's H1B application is responsible for supplying most of the . I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do Please share some information wrt this. My employers attorney has filed a service request too with USCIS, but no updates yet. What happens to my H1 b status? 1. My H1B status is approved . What all documents are required for the stamping? Since i am going in Dec 06, 2010 to Dec 19,2010. Its taking longer than usual for H1B processing. I am in US with H4 dependent visa in which I wasnt authorized to work. H1b extension is taking about 5 months for regular processing. My L1 is valid until Jul 2012 and H1B until Nov 2012. RFE is answered and I am waiting for the reply. Please consult with an Immigration Attorney to sort this out to understand the nuances of the issues. Im in USA with H4b visa and in Jan 2020 my H1B was approved with cos. 1. or It was just a coincidence and my petition was approved on the same day using normal processing ? i will have to travel to india next month . Till when can I continue my job on L2-EAD? You can however apply for L1 renewal if you have not used up 5 year of continous stay on L1. Is there any info for attending visa interview in India? I am scheduled for a business trip from Sep 27th to Oct. 6. Im currently in USA with H4 visa and im planning to apply for H1b this year .Since the H1b process takes until October , Is there any possibility that i can go back to my home country after filing H1b and come back in September or October with H4 and then change my H4 to H1 in USA? 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. are there any issues? But, do you want to wait around to get into H1B under this current scenario? I got my H1B COS from F1. But which document i needed to get stamp by next employer. Your employer will file H4 visa along with your H1B application. Hey check with your new employers attorney or one of our attorneys https://askanattorney.happyschools.com/. Nevertheless we would like to stay and work in the US. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. My H1B visa is showing approved now. Can Someone please help? I have to file for my H1 extension (Current Expiry date is March 2018) and my companies attorney is asking for a client contract which should be valid for 6 Months post March 2018. Hi Raghu, My friend is going to graduate with MS in the 1st week of may 2013 (next month). 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. My questions are Yes, if #1 is True. Please contact our office prior to making irrevocable travel arrangements to discuss your plans. I got my H1B application approved and also done with the stamping on may 2012 . Case details: I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. So in order to stay in USA I just gave few options to my friend like Apply for H-1B (consulting Firms) this year, USCIS suspends all Premium Processing. 2. Raghu , Heres a list of documents required for H1B Stamping. 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. 1)My H1-B was filed using I129 in November, 2011. Will the company C file new H1B (on what basis) . I am traveling to India in couple of weeks opt valid till 2019 but H1 is under process. I will NOT be travelling out of the country. 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. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. This includes changes in work location, salary, and job duties. Once you receive i797, within 40 days you should go for stamping? Im not sure where you can attend the visa interview from. If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. You should ask the same questions to an Immigration Attorney. Now My employer requested me to come to USA. So how long does it take to have visa interview (in genaral). My current i94 is expiring on 19th dec. Would that be a problem as i plan to leave US on 20th dec? 1. Should he apply separately for an H4 or should we do it together? Or go with the existing Ds-160 and show them the approval notice when questioned. 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. Again i m talking abt having multiple amendments ( not transfer). 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 ? i read from various web sites saying generally people go to either MEXICO or CANADA. same office location but the new address of residence is in different county. My next employer is ready to stamp. My H1B visa got approved in India on a company which is in US and I have not yet travelled to US, now I wanted to get transfer my approved H1B visa to another MNC company which is in India and on this company I wanted to go US and work. Try again few days. My petitioner has sent me WO agreement between petitioner and client for whom I will work. 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? I have a question about changing of visa status. My fiance and I both work for the same company in the US. If yes, Could you please let me know what would be the process of transferring the Visa before Stamping.? Thanks. 2) I dont have pay slips as I never joined company A. My question is what are the consequences of not having the visa stamped immediately. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Ask your new employer to file a new H1 and go to your home country and come back after Visa Stamping, 3. 4. Required fields are marked *. But, it is maybe good to get it clarified with an attorney. Published research and other works that are in the public domain should be included in the resume. My employer saying till january I may have to wait. But, exactly how much is that?. This may help a consular office understand that your work does not have potential application for national security or terrorism. I think you have to wait for the notice to reach your employer. 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. My employer hold me till todate. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Dont have an ETA. My H1B visa has been approved and I am waiting for my Stamping. H1B Approval notice sent to employer. My opening is at location Y. I am planning to go to Stamping for location X and then file an amendment since I dont require to wait for the approval notice. My current employer Dell India wants to me to work for them in Austin. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . 2. It is really helpful for the candidates like me! or Am i eligible for CAP-GAP automatically? My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. Please follow any instructions provided by the counslar at the time of your interview. If your H1B was approved with I94 than you can go outside US mexico and come back and apply for I94 on the basis of your L1. 2. Ideally how much time it takes for the approval notice to reach at our end? 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. My husband employer filled for my extension. Let's look at how it works and why USCIS will abandon your COS application. 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 Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. Please suggest me. But during H1-B stamping what should i defend, if questioned about this? By the time USCIS reviews the petition, the I-20 is no longer valid and it gets denied. 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. Is this a right thing to do ? Hey RFE and travel puts you in tough spot. I would like to know what would be my options if Id like to extend my petition. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. Ask your employers attorney Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. Instead of checking Change of Status, they indicated that I am outside US. and my H1B filed with company A and I works for client B, now company B is ready to offer a Full-Time. Kindly reply. Am I considered out of status ? You cancheck visa-waiting times here, and you cancheck consular procedures here. Such guidance does not carry the binding force of law or regulation. 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 When should I go for stamping looking into the current corona situation. Last Updated on: March 1, 2023 Employment-based Immigration, H-1B1 Visas, US Immigration News, US Immigration Update. I think I can work as consultant initially and transfer H1B. How to Apply for H1B from H4 Visa Status. I am still waiting for I797 from my company A. I got my H1b approved , my situation is this i was doing second master from one university and paying fees in installments My H1B(i797) Got approved on may 17th, 2016. I would like hear about your experiences or your advises on H1B visa stamping in Canada. I have no other details nor I have a stamping (which is obvious).Now I am planning to return to US. Do I need to get a date from consulate to get H1B Stamping in India? Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. I just graduated with Bachelors in Computer Engineering from a US university this august. 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. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Even if my H1B COS is approved either before they travel or while they are travelling in June/July? This guidance should not be confused with the rule that a person who travels abroad while a change of status is pending abandons the request for the change of status. Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. but what will happen at the time of stamping.? I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). This year if I want to go for a job or higher studies in US. reagards This is not the suspension of H1B Visa program. E2 EAD maybe better then H4 EAD. You should attend H1 stamping to re-enter and attorney should be working with your manager to co-ordinate things. I dont know the answer. I have checked my status online and it says , we denied your i129 and mailed you the decision . Can you please tell me what shud I do to correct that ?? Opt Expiration date : December, 2012 My H1B has been approved and I am currently in USA. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. So its always best to check with a consulate first before booking for visa interview date. Im in H1B Status now and planning to transfer to new employer. I got selected to start a 3 years residency program at a major US university. There is an option to have your first H1B visa stamped in Canada. I live inside USA and I have valid status. Only when you travel. 1) I had received RFE. 1. Can you please share your experience like what did you do in your case.? My question is, can I start working on H1 visa once I get approval from USCIS or will I have to wait to work until October until stamping? Later in 2010 I come to US on L1B visa. Can i approach a different employer with same petition number to proceed with my H1B stamping. Please suggest. Thanks. 2. 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. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. 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? 3. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). That office now has jurisdiction over your case.
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