Typical administrative delays are 2-4 weeks, but some are much longer. 2. Please follow any instructions on the notice. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do How can i go to US now ? Most visa applicants must appear at a consulate for personal interviews. Later, you may jump ahead to certain sections. Thank you. 3) If I can and should then Whats the procedure ? you dont need to worry abouth stamping also whenever you go canada you can stamping any time thats fine. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. From April 1 your status will be H1. 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. Could you please tell me how much time it will take to receive the Approved petition. I got my H1 approved and it starts from Oct 1 2009. If my husband visa gets approved by nov15, do I need to wait for the documents? Hi, https://www.happyschools.com/ask-an-attorney/. thanks My H1 b petition is approved 2008 June , I didnt went for stamping . Hi I am in the middle of finishing my last semester of school. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. Your employer will provide you the I9 form to fill for them and it's only after your joining! This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. I was working on h1b visa in usa from 1-2 years for same client. OR There many waiting to attend interview who got H1B approved last year. It is really helpful for the candidates like me! Your question boils down to one sentence DO you need Transit Visa for France? My H1 is approved with COS. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? Id have a question. Went for stamping in Hyd and the status is pending. Its very helpful. As per mine, the attorney sent an ammendment request to USCIS for the corrcetion of DOB on I797 and today I got the status update saying "Ammendment notice sent". A copy of you VAC-stamped DS-160 confirmation page. Is that realistic or did we mix things up? Now my question is after approval how long i can wait to fetch my first job? They applied for my H1B visa and I just got all the documents from them. I have been postponing travel abroad because it is not suggested while approval is in process. I have two options below. The basic question posed to the USCIS in 2004 was, What happens if the USCIS has approved ones status and petition with a future start date and, thereafter, the individual travels outside of the United States, reentering in the present (unchanged) status prior to the future start date? We know that, for one who has obtained, for example, an H1B petition approval with a change of status, and who remains in the U.S. until the H1B start date, that persons status would change as of the date listed on the H1B approval notice. If you already hold a valid H-1B visa stamp in your passport,we recommend that you take the following documents with you when you leave the U.S.: You may also want to log onto our portal to get a copy of the H-1B petition package filed. As you said, many of us are still awaiting the H1B approval. Or my H1B has to be stamped in my passport to be eligible for employer change? I have been with this employer before my change of status. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. Copyright 2005 2022, MURTHY LAW FIRM. If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. Only when you travel. Would i have to explain why there is a gap between my approval and commencement of work? But during H1-B stamping what should i defend, if questioned about this? I was trying to go for masters at the same time so I took both chances parallel . 1. is there any way i can contact USCIS and get to know more about this ? 1. My employer specifically mentioned that they will revoke my petition on or before 30th September. Hi, On April,15 a Company A filled my H1 work visa. let me know i had h1 till sep. 11 and i have applied for extention some how they deniel my extention so what can i do should i applay from same come of i have to wait 1 more year and after how many days i have to live united state i m canadain citizen, Your email address will not be published. I know so many who got benefits from the second degree (completing it). I am currently in Singapore. Later in 2010 I come to US on L1B visa. Your email address will not be published. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. I only have a scan of the H-1B petition filed by my company, but have the approval notice in original. check here for instructions on how to fix an I-94 card within the U.S. You cannotify USCIS of any change of address online. Nevertheless we would like to stay and work in the US. 3. what happens if i leave US before october and couldn come on time. This clarification has been useful, especially for cap-subject H1B petitions, which typically request a future start date. Current Status OPT I did not have petition copy with only i have WAC no. https://askanattorney.happyschools.com/. 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. Agreed with Ragus comment 100 %, my petition for change of employer was submitted on May 11 2016 and my H1-B petition was approved on Jan 19 2016. Im not sure. Shall i go for stamping and then I shall travel to US to State mentioned in petition and from their i shall get I-94 and filled a Ammendment for location change with new LCA. Required fields are marked *. What are all the details/documents required for scheduling the interview? Case details: 1. Do I need to get a date from consulate to get H1B Stamping in India? 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. Issues to deliberate on Is that ok to start working in regard with my status? please let me know how many days before the expiry date i have to reach US. Use the https://forums.happyschools.com/ for Q&A. You have to get the documents first. I had started working with my new employer after I had received the petition filing receipt. I am in the US on an F1 visa (OPT, STEM OPT completed and now on CPT). Now things here are going good so thinking to change to new client and new location again. My DS 160 form status too in Administrative processing, can you please help me what should I do now? My H1B petition got approved in Sep20016, and my petitioner is now proceeding for stamping in Dec2017. 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. I am willing to renew, only if applying with old passport (valid but pageless) may cause any problem. If you have your H-1B approved, have to get the H1B stamp before entering America. Education No US Degree (Graduation and Post Graduation from Indian University) Updating the address in USCIS website is sufficient or anything else is required? My employer has given me all the documents that he has received from the attorney. Hi, Travel while H1B is Pending after Lottery Selection You can travel while your H1B application is pending approval after it has been selected in Lottery. 2. I got the amendment approved 1-June-2020 for client Y till then my previous stamping was valid but was not able to travel due to COVID-19 so stamped Visa got expired in Aug-2020. Get approval, then stamping. Check with your attorney or https://askanattorney.happyschools.com/. I got suggestions to apply for COS but I dint took a chance I am about to complete my masters this year on dec 2015 can you confirm me if I can make use of that for next year 2017 or it is not going to help me any more :(. Does anyone know how long an amendment takes? If H1 done vs CP, then you will stop working when you enter the US on H4. You will be required to upload a digital photograph. Travelling to US for the first time. And now his petition is getting expired in july 2011. My change of status wasn't approved, so I will have to leave and get my visa. 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? Thanks -Padraig. Please correct your article. I have the copy of the police report that was filed when I lost my passport. Thanks a lot for the response, Raghuram. H1B from withon previous 6 years will not count under Cap. Hi !! 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. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. I think your employer can extend H1B petition up to 6 months before. My employer has filed for H1B amendment for new location. I just got my H1B approved. i read from various web sites saying generally people go to either MEXICO or CANADA. I moved from chicago to Pittsburgh, my H1B LCA ammeendment for location change is applied in Jul15. Now, I am wondering if I am unable to get the above position. This condition primarily applies if the applicants are located within the USA or outside the country at the time of H1B Visa petition. Customs and Border Protection (CBP) has implemented an electronic I-94 system. Do I have to await the approval notice before joining the work force? Due to some reasons their department HOD is not going to sign the OPT form. Hi, 6. 2.After getting my H1b approved by Oct , can i travel to india by Dec before joining my employer and come back in jan to join work , what will happen if i go for stamping in india at this case? What should be the next steps for me ? I currently live in the US. Applying H1: Apr1st 2016, Which one is the better option? Is it fine to go for h1 stamping by taking all pay-stubs till September, As my October pay-stub will run on November 15th. Please advise. The crucial fact is that the CIS deems your Change of Status application abandoned when you leave the country before it is approved. 2. My Visa interview is happen on June18th and counselor has taken my passport. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the Thank You page. Your employer will file H4 visa along with your H1B application. Im not sure how USCIS treats the approved petition. That will answer all your questions . Please post your question in Q&A section. I94 validity and with what Visa Type Not sure about I94, visa type is H1B You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Please contact our office if you would like to initiate a permanent residence application. If my employer file for extension with the start date Jan 2nd 2019.