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. 3. Your H-1B status is valid until the end validity date of your most recently issued I-94. I am in india right now. because i can extend my visa when i am US only. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue dont just walk in. My H1B lottery is picked up this year. See9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification. 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". Your visa stamp will reflect the I-797 validity. If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Hi Raghu, A: Status changes are handled by USCIS. 2) If I travel to Canada after 1st October, and there is a delay in H1B visa stamping, how can I return to US? I am on h4 dependent on my husband h1b. I got my H1B approved through Consular notification. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. 2. H1B Visa petition can be approved with Change or Status or Without Change of Status. 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 ? Should I go to my home country for H1-B visa stamping or it is too risky for me? I am and just want some company in anxiety. Do you see an issue with this? But my attorney filled the form incorrectly. A travel letter template for your employer to complete before you travel can be foundhere. Thanks. I have got my h1 approved october 20th. Ideally how much time it takes for the approval notice to reach at our end? Any help would be appreciated in clarifying the following questions. my H1B visa is approved i received my approval note on 28th november in that they mentioned COS is denied. But, if you get denied, Im the one to blame. They would have to file COS from H4 to H1 ( and they can do in Premium). Issues to deliberate on This is year I am going to file for H1B, if I got approval, then how I have to update my husband status. 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. 1) I need to travel to India between April and July, will there be any issue? Will there be any serious issue duing VISA interview. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. Its taking longer than usual for H1B processing. You can do the math from there. Please let me know if this is advisable and if not what are the consequences. But i have not received hard copy of documents. My H1b approval is expired last month. It is our pleasure to assist you in this matter. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time should you need to file an extension of H-1B status beyond the six (6) year limit. Location change is from my employers location A to location B. If your stamp is valid, you can reenter US with that, you dont have to get stamping again. We recommend obtaining a new passport with given and surnames if possible. Meanwhile I have got approval for other employer with I-94 validity from 13 Sept,2018. After coming to US i changed my status to F1 in June 2011. I will started working with new employer next month . Sorry, I dont know the answer. Waited for i-129 approval but dont want to waste the chance of F1 visa. Copyright 2005 2022, MURTHY LAW FIRM. My F1 visa has expired but has an active legal F1 status till MAy 2019 and also I can extend the status by extending my coursework. (same sate). 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. Please share your case. 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. Replied Rfe in November , still waiting for results. Even for my wife the DOB is wroing in the I-797. I am currently in same situation. H1B 6yr year period will start after my COS (Change of Status) i.e when I reenter USA on H1B status or from October 1st ..??? 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. I am sorry if my above assumptions do not fulfil your case. Will my extension application be cancelled and do I need to apply again? Dose the h4 extension approval usually takes this long after the h1b is approved ? Please let me know on this. I think you have to wait for approval notice, because start date will be visible only in the Approval Notice. Thank you. Before the start date of the job or after a while the job was started? Is there any risk involved in it? 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. But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. approved and already have a valid H-1B stamp, you will need to travel outside the United States, present the approval notice at a port of entry along with your valid visa stamp, and make an entry pursuant to H-1B status issued under the I-797 Approval Notice. Last week (On OCT 16) H1B petition got approved with Company A , we are still wait for the approval hard copy. Can some one help me to find what is the ideal solution? I have a H1B COS question.. Im on L1 and it expires on 04-June-2014 (family L2 also expires same day). Ive never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa. For ex. I am already in the US. 1. I am still on my OPT that runs till next year June. Appreciate any help on this to get the SSN ASAP for her to . All Rights Reserved. I did not get my master's degree yet and luckly i got my OPT started lasy year. Due to the current COVID-19 situation and presidential executive order proclamation and also consulate closures, I could not able to go to stamping and did not enter the USA yet. when i check the online status it shows that On May 26, 2016, we transferred your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number EACXXXX , to another USCIS office. Can I travel outside the US after H1B approval (change of status) but before Oct, . My extension of H1B i129 was approved last week and I am living within US now. After that, I changed Employer without stamping. Is the embassy open and is the next step to fill DS160? 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. 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. A copy of your visa stamping appointment letter. My new passport issued by indian passport authority is having validity for one year only .with this whether there will be any problem when i go for stamping with 2 passport (damaged and new passport valid for one year). If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. My H1B got approved(with Change of status) on August16 2016 and applicable from October 1st. L1/L2 extension is also being applied by company. This is because the last action regarding the foreign nationals status governs. Also, I am planning to apply for h1b for next year. I had an offer from a US startup and they had filed an H1-B for me, and I had made into the cap. Hire Us. I am travelling to India in the second week of October and will have to get my H1B stamping done in India. @Fanny We don't provide legal help. My friend has a situation where any of your suggestion would do a great help. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice. Talk to an attorney and figure out the plans and status. I know that Oct. 1st my status will change from F1 to H1B. It happens and theres nothing you can do but wait. Else when is the earliest to do that?? The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says thats not possible because they only give I-20s and they dont have any other documents but a letter that certifies that I studied there during that period of time. or Am i eligible for CAP-GAP automatically? Quick question- I received the COS from L1B to H1B two days back. I was given the EAC number but my consultancy didnt provide me the documents and i didnt go for interview. Or, do I need to wait until I receive the hard copy of approval from USCIS? But I never travelled on this VISA. I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. I have only LCA ETA form 9035 & 9035E. Can i go to India which is my Home country in August 1st, 2019 to September 1st, 2019. 3. My start date mentioned in the petition was Nov 1. dont mess up your career cos of ur old man.. say in the states until you get ur h1.. old man can wait.. i came to us on B1/B2 visa and changed to H1b visa on Oct 2009 now i want to change to L1 visa b'coz the process of green card is fast in L1 visa please guide me. After your H1B Visa is approved, you have to follow the path back from USCIS.