FAQ: International Travel During F-1 to H-1B Change of Status Dont try to save on FICA taxes . My current project is ending on Dec 28th 2018. I have received the approval notice which is valid till June 2020. If your visa application is approved it will be processed and mailed/available within 2 business days. This is because the last action regarding the foreign nationals status governs. But, you would need a valid US visa (other than H1B) to re-enter the USA. If I leave my current employer, then Can I get it stamped on my own/new employer/US company? If you are in the United States on an H-1B visa, and your employer files a change of status petition on your behalf, you may be able to travel outside the United States after your change of status petition is approved. If you have a pending extension petition . My H1B I hope gets approved next week if so how long will it take for me to get it stamped? Do I need to go for stamping again after his H1 gets approved with new employer? Please clarify, If you were on H1B (with COS) and never worked with an employer You will be in a lot of trouble. My Visa interview is happen on June18th and counselor has taken my passport. Some people may have H4 visa or others may have F1 to come back to USA. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. I still did not receive my What happens to my H1 b status? 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. 2.What are the options to get a valid I-94, without going back to my home country for stamping? Is there a way to salvage my petition ? Unfortunately the communication with the US embassy here is very complicated. I am in a desparate situation. After your H1B Visa is approved, you have to follow the path back from USCIS. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt H4 to H1B Visa: How to Apply for a Change of Status - Stilt Blog Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. My employer hold me till todate. This processing can take several weeks. If you change to H-1B (or H-4) status from within the US, without travel: Your I-94 will be attached to the bottom of the I-797 Approval Notice from US Citizenship and Immigration Services, indicating the validity dates of approved employment with Tufts University. My employer saying till january I may have to wait. I have got my h1 approved october 20th. Ask the consulate. Not its not valid. I have an H4 visa and live in USA. And Ill be working remotely. However I have a bit tricky situation. The question posed to the USCIS assumes that one is in F-1 status and an employer is filing for a change of status to H1B with a start date six months after the time of filing. I filed the petition under masters quota and with COS . Is it ok, if I stamp my visa first and then my wife and kid go later on. Could you tell me what happened to you case? my question is related to DS-160, Currently I am not working in H1B petitioner company and also not yet resigned in current company, So which company details I should mention in DS 160 as current company. Talk to an attorney and figure out the plans and status. You have to be worried only if are doing anything wrong. 2> If I join a different employer after 6 months. an assumption, I have submitted the client letter, SOW etc. In this scenario do I need to go to home country for H1B visa stamping? Can this be done ? You cancheck visa-waiting times here, and you cancheck consular procedures here. Another option is to renew my passport and submit application that way. Case 1: Thank you so much for setting up this website and blog. My H1 got approved in August. So my question is, when my spouse goes for interview, is she can request the visa officer to consider the new petition. Can I travel outside the US after H1B approval (change of status) but 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. Now I can utilize the same Petition number to other Employer. Is that ok to start working in regard with my status? No I9 and I94 are different. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Travel Check List for H-1B - International Students and Scholars Office My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . I d like to know How long is the approved petition valid for and when last can travel to US ? My Petition got selected for h1b by lottery. I am currently in India, I got my H1B Picked and yet to be approved. If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice, and then you are not required to travel outside the U.S. and apply for an H-1B visa in order to activate your H-1B approval. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated. The expiration date of your I-94 card should match the expiration date on the H-1B approval notice. Documents related to your H-1B petition. Once you get your H1B stamped, you can enter the United States anytime after September 21st which is up to ten days before the October 1st H1B start date. PDF Instructions for LS intl f-s in H1B in US - middlebury.edu The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. But I havent taken ay next step considering the COVID situation. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. chessmojo 1 yr. ago. 1. H-1B Status and the Cap Gap Extension | Study in the States - DHS I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. My Employer A filed H1b visa for me in April 2017 and got picked in lottery, got RFE, submitted all documents to USCIS Waiting for approval. Are you able to transfer? Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Timing is upto you based on your circumstances. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? This includes changes in work location, salary, and job duties. To provide more details; (I have the option to chose two different places. Hi Rushi, Activation of my h1b is October 1st 2016. 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 ?. But, exactly how much is that?. Is this a problem at port of entry- specific to, Why I am traveling after 5 months of stamping?? Hey RFE and travel puts you in tough spot. My university mailed me to pay complete fee for the semester and leave else it shows USCIS that i didnt enrolled into course and goes out of status Only your employer can help you with this case. 3)My employer says that the COS will be applied along with the H1B petition.Is that true ?When will the change of status will actually be applied ? Yes H4 to H1B: Your status will change to H-1B from H4 on the H1B Start Date. If you have a unique situation, be willing to spend some money to get your questions answered by an immigration expert. Can I have change immediately in June/July after getting approval, or I need to wait for 3 paychecks after getting approval. I cant work without SSN and I cant get SSN with this issue?? What is the consequences of never stamping or late stamping ? Suppose assume that im transferring in next month December. please let me know how many days before the expiry date i have to reach US. Looking forwardat your best advice. Iffurther information is needed you will be contacted. I got my H1 approved and it starts from Oct 1 2009. Now my employer is telling me to go for stamping with client A documents. My H1-B is approved along with the change of status from F1 to H1-B , but I did not get it stamped yet. Congrats on H1B approval. Thelist of member countries is here. Since i dont have much contact with the previous employer, can i apply for H1b visa on behalf of different employer with the same approved petition? 6. Thanks. My case is approved for H1 B cap for year 2017. 9. Can I Apply for a Green Card just on my H-1 Approval Notice?, hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. 2. I cant help you here. Please help. Hi Raghu, I got My H1b approved and started from October 1st, 2019. Hi All, my freind works in USA and came here to get his H1B visa stamping.He forgot to get his tenth ,12th, and undergraduate certificate originals.He is having all scaneed copies.Will there be any problem? However, each U.S. consulate will have varying rules. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. Till when can I continue my job on L2-EAD? Also, I am planning to apply for h1b for next year. However, there are a few things you need to know before you travel. Will the company C transfer H1B (I dont have pettion copy or approval notice with me) Is my petition still valid and can be considered for cap exemption.? You need to find new employer. Is that really true that once you got H1 visa, you can't move to the US 10 days before your job start? Currently I am on F-1 Student Visa. Do I need to leave the country ? Ask your employers attorney Can I Travel When H1b Amendment Is Pending? Customs and Border Protection (CBP) has implemented an electronic I-94 system. If yes then what would be the approximate cost of status change ? I think your employer can extend H1B petition up to 6 months before. Would it give problem to me ? Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. Whether my H1B will be denied etc? 2. I have a question. If you have converted your H1 with I94 than you can no longer work with your current employer on L1 your current working is in violation of immigration laws. would there be any problem returning US at the port of entry ? Still my application is not approved. H1B Transition Issues: International Travel - Murthy Now, my current employer is asking me to leave the country as my petition was denied. We are planning to upgrade it to PREMIUM . I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. Raghu , Hi Raghu, I got my petition approved till September 2017. I have my visa stamped this September and I want to travel in the month of March. Theres no wait time. 1. You will fill DS-160 as if you are going to attend an interview with Company A. Does this mean they sent the reciept that they received our request? Living within US without COS? can I travel and come back without any problem? Same company, same role. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Is there any special rule for this type of scenario? I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). When you file for H-1B while on OPT status in USA, your employer actually submits two applications: form I-129 for the H-1B visa and form I-539 to change your status from F-1 into H-1B. My H1 is approved for the FY2017. You can confirm the same question via Ask an attorney. Always consult an immigration attorney to get your questions clarified. should I get back to the US before the 7th of July ? Are some people still awaiting their h1b visa approval? So, it is not recommended to travel, if you file your H1B as Change of Status until you get your H1B approval decision. Is there any risk involved in it? Will company B create any problem for me? However, i have also pursued a masters degree in Environmental science with which i am working right now. I have been granted an HB Visa as of Ocober 2010 but have not returned to Canada yet. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. as supporting documents, if asked. My parents are coming to US for a visit. My attoryney applied for an amendment on June 2nd. Myself Bhanu. But the office location is different and the new address of residence is different state. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. I am getting my H1-B start date as 1st Dec 2010. The 2004 Hernandez letter remains helpful and relevant even after many years. i read from various web sites saying generally people go to either MEXICO or CANADA. I have checked my status online and it says , we denied your i129 and mailed you the decision . But, if you get denied, Im the one to blame. Issues to deliberate on 1)i have opt extension up to 2018 july is still valid or not?? Thanks. Theres no way to update a DS-160 once submitted. Visa Validity- I guess it will be 3 yrs, will confirm after arrival of hard copy Is this possible? I am currently working with a Client A on contract for a year. I know that Oct. 1st my status will change from F1 to H1B. Stamping before OPT expires But, it is maybe good to get it clarified with an attorney. And now his petition is getting expired in july 2011. 1) I need to travel to India between April and July, will there be any issue? The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 card will have the latest expiration date. Can I try for H1B transfer from here in India itself? No, it shouldnt be issue, but I would switch to H1B at the earliest and not wait until July. Thanks. My Employer file H1B visa under Premium processing. Depending on your current visa status, if youre living in the U.S. or have applied for H-1B from outside the U.S., you may fall into any of the following categories: If your H-1B visa petition is approved with COS, and you live in the USA (F-1 visa to H-1B, L-1 to H-1B, L-2 to H-1B, H4 to H-1B, etc. thanks for this updated information. Total stay in US But I work for some other client from the same employer in a different country and wouldnt be able to travel before the expiry date of my petition. My extension of H1B i129 was approved last week and I am living within US now. Precautions for traveling on AP If you re-enter the U.S. on AP, you will technically no longer be in H-1B status. I am scheduled for a business trip from Sep 27th to Oct. 6. The H1B petition is approved on July 1st. Please contact our office before making travel plans. Will the H1B come in effect from 10/01/2017 ? 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. We cannot complete the DS-160 for you, but we are happy to answer any questions. Please suggest. If the H-1B was applied as a change of status (COS), and it is approved, you are not in X status any more. 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. Case details: Now my employer wants to apply for change of location, so I want to understand that once my company applies for an amendment to change location and it is approved, do I need to go to my home country to get it stamped or it is not required until I go outside US? Can the DSO be able to reactive his status once it is terminated and also will he able to transfer the sevis to other school. 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. For how much time can I be on this visa without stamping? I will answer them in a video. 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. She came to US in H4 Visa in 2009. Should I cancel my H1B ? But company x filed my petition when I was in place A and two months it moved me back to place B. And after stamping I can file new LCA and h1B amendment done before traveling to US for client B. DS-160 link has been opened for the same. 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? reason.My h1b was picked and was approved and I have the e copy of the approval letter but I got to know You will need to talk to an Immigration Attorney for your situation. THIS is what to do if your H1B transfer is denied [2022] - Stilt Blog My H1 b petition is approved 2008 June , I didnt went for stamping . I started working since 6 months in pretty big company. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. Currently I am getting interview date of March 5th. 4. If you have got H1 without I94 than you can work on L1 and the H1 is not valid till you go to your home country and get it stamped. reagards Please be sure to do the same for your dependent(s). No. is this usual? Is there any info for attending visa interview in India? Applicants should be prepared to explain how their position has a positive impact on the U.S. economy. 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 :(. Talk to an attorney ASAP to know your options. On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. I am currently on L1B and I have applied for 2011 H1B in Nov 2011 ( Quota was available after Oct also ) and it is in RFE status right now. Can I enter the US safely as a tourist for a month or so, and then return to France to get the visa stamp? Going to Canada for my H1B stamping a good option? Can some one help me to find what is the ideal solution? how soon and in what way I can travel to the USA ASAP. In order to apply for change of status, the applicant must still be in a valid status. Regarding your Questions re-join the same employer after 6 months, Will my h1b be still valid?: Should he apply separately for an H4 or should we do it together? 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? Travel After Change-of-Status Approval with Future Start Date ( OR) Let me highlight the following: Only Premium Processing for H1B Visa is suspended. This option is explained here for the benefit of MurthyDotCom readers. Should I go to my home country for H1-B visa stamping or it is too risky for me? Now i am leaving current employer which files H1B & joining another employer. My H1B visa is showing approved now. I am currently in USA with expired H4 status and my first approved H1B on 10/1/2022 (I-797A change of status with i94). International travel by foreign national trainees and employees must be planned carefully. This is reason I considered going Canada instead. I feel really frustrated by all this bureaucracy. You do not need to present your original I-797 approval notice when you apply for entry into the U.S. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration data of the I-797 approval notice. The number of international students currently in the US on F1 visa status has increased in the past year from -15% to 3.8% based on the OpenDoors Report. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. I have removed parts of your comments. I am currently working as a full time employee Programmer analyst in e-verified company. Should I quit the present company ( where I am working on L1B ) and start working with Employer who applied H1 the next day it is approved ?? Can I reapply for h1b again from India and also be eligible for 20,000 extra cap for Masters student.So, being a Masters student does it make me Hire Us. *https://www.happyschools.com/visa-status-questions/*, Firstly , Thank you for the information provided in this website . I am in the middle of finishing my last semester of school. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc. Also am not sure if I should fill a new the Ds-160 and attach it to my existing application? 3. Do I have to await the approval notice before joining the work force? 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. I have got a valid H1b approved petition from my current employer. The danger of traveling is that your Change of Status request will be automatically abandoned by USCIS. I just got this notice, but does it mean I got approved to technically be H1B status? Please let me know. You can go for H-1B stamping to your nearby American consulate. Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. Dont have an ETA. 2) My H1B is filed by employer based in Seattle. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota. They may refile or do a MTR. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the "cap-gap" cover. Since i am going in Dec 06, 2010 to Dec 19,2010. I am in US with H4 dependent visa in which I wasnt authorized to work. My employer(In US) applied I-129 for 2015 and it got approved in july 31 2015 . to transfer you need the approval and EAC #. 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? To transfer you need atleast one paystub, regarding petition copy and approval notice they are your property and legally they cannot keep it with them. Hello raghu, thanks for sharing the information. Can i approach a different employer with same petition number to proceed with my H1B stamping. The DOB is in the new I-94 which is at the bottom of the I-797 document. I am still on my OPT that runs till next year June. You will need Original I-797 (I think COnsulates may accept photocopy) and other documents like I-129, LCA will be copies. USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. My questions are Thanks a lot for the response, Raghuram. Can I travel outside US now ? Why not get H1B stamping and enter US? You will be required to get H-1B visa stamping ONLY when you travel outside the U.S. 3. wat would be the best option for me to travel to India in this situation. But I wanted to confirm if that is ok as lot of websites say amendment filing receipt no should be there and some say fedex receipt should be enough. H-4 dependents must have a copy of the primary H-1B visa holder's I-797 Approval Notice and application packet, and a copy of the marriage certificate (spouse) or birth certificate (child). I have a valid F1 visa till 2021. Visa processing times and questions can be stressful at times, thank you for replying to the queries. Please correct your article. I need your suggestion regarding the travel. 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. and my last day in the organization was 11/16/2018. But i have not received hard copy of documents. But with some personal issue, I need to travel to India in the 2nd week of April 2019. They are the right person to help you. Hi, my time period exceeds means from india i can Apply my H1B or not. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. My H1 is approved with COS. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. URGENT! I am really nervous about taking the decisions of H1-B visa stamping in my hometown since I had kept stayed in here once my visa expired (but with maintaining the F1 status). Its a direct client. Would I need to get the new visa stamped on my passport based on new petition I-797 approval doc ? But my client job can be terminated before visiting India by Oct10,2016. Thats measn your OPT will be extended till Oct1, when your H1B becomes active. My spouse current status is H4 EAD. Can they apply before October 1? I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. 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. You can do the math from there. My H1B status is approved . 2. I am in US and my status is F2. Is the embassy open and is the next step to fill DS160? You need to ask an Attorney. You are right. You will be fine. You cannot choose which status you want to be maintaining. How much time will it take to transfer my H1b visa and what all the documents required to submit USCIS. Its fine if my petitioner name is A in the account that I have created while scheduling appointment? I need to get my H1-B stamped on my passport, Im a Chilean citizen currently living in the U.S, I need to know if I can do this process in Singapore because I have to be there in 2 months! I live outside of the US, and only 10 days to find apt and get ready to work?? My Spouse got H1b approval on Oct 2008 bcz of the bad economic condition she didn't attend the Visa Interview for H1b. And new passport have details of older passport in it. My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. I have got h1b approval last year 2015 but in parallel I got work permit for Canada, so I travelled Canada from India. USCIS publishes these figures on a weekly basis. Please let me know what should be done to correct my DOB??? 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. I am also in same situation. From April 1 your status will be H1. or will it be a new h1b and i will be placed in lottery? Below are the typical steps Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. If my H1b gets picked and if I wont be working to the client what are the chances of it getting approved? Ganesh Thanks for highlighting it out. H1B will have a start date, so you can enter upto 10 days before the start date. (same sate). H-1B Change of Status - Immihelp Did you transfer your H1B to your current client without working with Employer Y?
