Can anyone tell me, how much time is the USCIS taking for the petition processing now a days ? My H1 is starting from Jan 01, 2011. Prior to this my OPT ended on 09/26/2016. How long does it take to recived the hard copys to my petitioner? Sorry. Here's the communication process flowchart between you, your H1B sponsoring employer, the immigration attorney, and USCIS. 1. Can I Travel While My H-1B Application Is Pending at USCIS? - Nolo Hi, What is Premium Processing? USCIS H1B Petition approval Trends, H1B Visa Stamping Trends; Low H1B Registration Fee for FY 2024, Future $215 . I am also in a similar situation and waiting for my denial letter with hoping my cos denied and h1b approved. http://www.happyschoolsblog.com/paid-h1b-processing-consultant/. I have been postponing travel abroad because it is not suggested while approval is in process. Please help addressing tis issue. On June 1, 1999, the DHS published an interim rule that allows persons who maintain H-1B status, and their dependents, to travel abroad and re-enter the U.S. in H-1B status while an application for adjustment of status is pending, without the need to first obtain "advance parole.". But my client job can be terminated before visiting India by Oct10,2016. As I had mentioned, I will want to travel back home before joining the company (so looking to get a stamping done before entering US again). 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. Is my petition still valid and can be considered for cap exemption.? Should he apply separately for an H4 or should we do it together? You can continue on your current visa till your H1B is stamped. You dont need stamping. Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner. Can I attend the interview by oct-09? What all documents are required for the stamping? On April,15 a Company A filled my H1 work visa. Hi Raghu, Am I considered out of status ? But She didnot gave me any slip but she got my passport and the H1B amendment reciept. So, the question is whether the intervening international travel changes the equation under the last-action rule where the last action of the USCIS governs ones status. There many waiting to attend interview who got H1B approved last year. H-1B Application Start Date: April 1, 2009 Regular Cap: 65,000 Advanced Cap: 20,000 The figures listed below are approximates from the USCIS. Ask your employers attorney My case status is as follows: 1. To provide more details; (I have the option to chose two different places. 3. That office now has jurisdiction over your case. I am go to apply for H1 B extension. Ive never done any studies here in US/Canada and Im from India. I have both passports with me. Hi Raghu My case is similar to Abhisheks case. Can Someone please help? Why not get H1B stamping and enter US? What should I do now ? My H1B has been approved and i am staying in india. Please advise. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Can I join B without any issues/legal hassles? Your visa stamp will reflect the I-797 validity. Can yo ask this to your emoployers attorney or you can ask Attorney via Ask an Attorney. 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. I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. Very recent my h1 petition got approved for one year. Perhaps, you know USCIS selects more than 85,000 H1B Visas in the Lottery. Not the mention the decades long green card wait time for EB2 and EB3 applicants from India and China. 6. My H1B has been applied from an MNC and it got approved. 2. Thanks. http://www.happyschoolsblog.com/h1b-transfer-without-i797-approval-notice/. You can alter the auto-generated information to tailor it for your dependents. (Shilpi says: December 3, 2011 at 1:42 AM). So, I have 2 questions: Im on F1 Visa Status currently working in USA on STEM OPT. And, Does 3 year duration starts from stamping date, or it is from Oct2019? I am also in same situation. NOTE: I paid for the entire H1B processing to my consultant and I dont wanna pay any extra than Im suppose to pay. I could then apply for their H4 COS in end August once they return on L2, maybe on 1st August 2017? Yes I stay outside US, I have Valid H4 and my H1B is also approved now, can i travel to US with H$ and get my status change to H1B ? I am already in the US. 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? Is it mandate to get the stamping done and travel to US during the validity period. I got F1 Approval in June. Chances of H1B Approval after Lottery 2021-22 (Denial, RFE Steps) I am still waiting for I797 from my company A. Hello Everyone, Is there any consequences in the case? Please advise so that i can plan accordingly. I just got the approval notice for my H1-b (posted on the USCIS site didnt receive the physical papers yet). Issues to deliberate on should I get back to the US before the 7th of July ? I have not done anything regarding the h1b. Approved H-1B Visa Petition with Change of Status. F (413) 584-5411 Please contact our office before making travel plans. 2) I dont have pay slips as I never joined company A. I want some time ( may be 1 week atleast ) to resign from present employer. Not sure, why they have to say H1 cant be extended. If you live outside the United States, you can schedule your H1B visa interview. My case got recently approved. I am a little confused as to when to have my visa stamped. My Lawyer already applied for the amendment, but we didn't get any confirmation from them. You should have the Approval Notice with you. Company B is filing H1b for me. Raghu, You need to ask an Attorney. Check the Processing Time at USCIS page. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. I have two queries in regard to stamping. But now the requirement is not there with client Y. You will be required to upload a digital photograph. 1) Do I have to stop working as soon as his H1B is processed and approved (October 2020) or when the visa is stamped (June 2021)? My passport was stolen on 05/28/2017 in Los Angeles. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. Travelling outside US when H1 B is under process is that a problem? I got my petition approved till September 2017. But, exactly how much is that?. Nationality So Do I need to wait till the amendment will be approved or I can travel with acknowledgment receipt of documents filed in USCIS with client Z, carrying approved LCA, Achknoledgment receipt for new amendment filing and previously approved petition. Is her H1B approved on Oct 2008 is till valid ? When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. I checked my petition status here: https://egov.uscis.gov/casestatus/landing.do 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. Is this OK or should I atleast wait for the H1B amendment receipt notice to travel. or if i rephrase the question : within how many days a person has to report to the employer and start working once the H1B has been approved if that person is currently living in the USA? Right now even my employer (federal government) does not have enough guidelines on what will happen in my case. I would like to know about the scenario when H1 visa is selected in lottery in month of May and if someone has to travel to India in June/July and return to USA within 3-4 weeks. 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. Thank you for the answers, Rao and Raghuram! this article for more information about the benefits and drawbacks, Application Form DS-160, Nonimmigrant Visa Electronic Application, Their machine-readable passports (valid for at least six months beyond your intended period of stay), Two color, passport-style photographs (each) if unable to upload photos to their DS-160, Copy of the I-797 approval notice for the H-1B petition*, Evidence of maintenance of status if you were in the US, such as recent paystubs if working, or a transcript if in school. It could be situations like someone on an H4 visa, F1 Visa, or any other visa type trying to move to H1B status. If H1 done vs CP, then you will stop working when you enter the US on H4. e.g. My hus H1 approval happend in 2008, but he didnt attend the interview for stamping. I got my H1B stamping done last year in Sep 2009. What should i do. A copy of you VAC-stamped DS-160 confirmation page. 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. Is there any other way to expedite the process or get information from USCIS. So they requested a data fix to SEVP to fix my SEVIS record. The end date indicated on the I-94 is your status expiration date. Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? USCIS publishes these figures on a weekly basis. I had my H-1B petition approved from last year, but my employer is asking me to wait since the job situation is not good in the U.S. What should I do. 1> If I join same employer (who filed my H1B) after 6 months First Do i have any problem in visa stamping? I ll be grateful if you can guide me for this. I went to PAI on 11/18. or can I go to any country to get H1-B stamping ? Your emoloyers attorney should answer this question. 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? I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. Myself Bhanu. This question is for your employers attorney or Post it via http://www.happyschools.com/ask-an-attorney/. My H1B has been approved and I am currently in USA. If your visa application is approved it will be processed and mailed/available within 2 business days. case created:15th June, Case updated:18th June. How do keep it active? 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. While USCIS may still approve the H-1B petition itself, you would not automatically change from F-1 to H-1B status on October 1. Please suggest. First, you must be present in the U.S. at the time your employer files your extension petition. I am not sure till what date Ill get the stamping like till Jan 2020 or till the date it is extended (Sep 2022). 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. Our company doesnt support E-2 Visas anymore. Can you please tell me what is the percentages of cases still approval pending with USCIS. They may refile or do a MTR. It takes few days for the Database to sync between I-94 and DMV. But I never travelled on this VISA. My app got approved on 12 Nov , USCIS status as my case was approvedWe will mail your approval notice I am currently living in USA and working as a full-time employee with the same employer for 2years. Visa got picked in lottery , then RFE and then finally approved on 12Nov,15 . Due to some reasons their department HOD is not going to sign the OPT form. Same company, same role. My H1b 2018 Petition is approved on Consular Notify (i.e H-1B Approved within the US without COS) & I received my Petition (I797) . Would my H1B visa expire at some point if I do not adjust my status? Could you please provide the procedure in this case. 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. Sorry, I dont know the answer. I am planning to go india and i want to know whether stamping is possible or not from India in present situation. I really got confused after discussing with the immigration team of my company: Visa Status: Active, Currently on F1 (OPT) So in that case i need to attend visa interview again to make my travel. But I too am in a same boat, Hey Raghu. 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. Now My employer requested me to come to USA. Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Heres the short version of the H-1B Visa Interim Rules: The same Employer cannot file multiple petitions. My Visa interview is happen on June18th and counselor has taken my passport. I am looking to file H1 visa. An H-1B visa approval message will look similar to this: Heres Series of Steps to Expect After H-1B Visa Petition Approval by USCIS. Case details: The validity of my Approval notice is 11/20/2019 till 06/30/2020 but I am not going to travel during this period. My question is how many days do I have before I join the work and use my H1B status ? My H1B visa is showing approved now. Till when can I continue my job on L2-EAD? Is that realistic or did we mix things up? Company B is a consultancy company. You have to get the documents first. I feel it is too short My attorney said it's a rule, but have anyone moved to the US more than 10 days before? Please contact our office prior to making irrevocable travel arrangements to discuss your plans. USING EAD/AP WITH H-1B STATUS - Curran, Berger & Kludt I would like to know if this will cause any problems when i go to India for my H1 Stamping?? My L1 is valid until Jul 2012 and H1B until Nov 2012. currently embassy is not operation for normal window due to COVID My Employer from India, I have my client at Location X and Location Y. It will be bumpy ride. Your Attorney should give the list of documents. 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. After going there i would like to change my status to H1B from F2. But the location where i want to go for work is different state than the petition filed for a different state. My status got changed from H4 to H1. In Mar 2019, my employer had filed an amendment for change of location. 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. Hi, Could you please let me know all the possible options? Also, i have a b1 from the present company. 2. 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 .