I have Unused and Expired H1B Petition (Approved for 3 Years in 2008 CAP quota). Technically you are not on H1B as your petition with employer A is not approved yet. My spouse's employer wants to issue H1B for me for full time opportunity. His status didn't automatically change to H1B on 1st October, and he is currently on STEM-OPT (F1 visa). H1 petition approved but not stamped. H1B FOIA Request to Obtain Copies of Immigration Records ... US Immigration Law Firm, Morley J. Nair, H-1B Visas, H-1B ... If COS was not approved, there would not be an I-94 attached with the H1B approval notice. In general, jobs that do not require special education/training prior to starting will not be approved for H1B. The date when you start working is on your Form I-797 that proves your USCIS petition was approved. Step 3: If a visa number is available for the applicant in the next year (varies by nationality and category of . I had H1B approved petition from Company A for 2013-14 which also got VISA stamped in the same year (2013-2014). My L1 is valid until July 2021, My H1B petition is also valid until July 2021. H1B petition and stamping after H4 VISA approval. Applying H1B in premium does not increase your chances of H1B RFE or denial. Employer sent me this agreement (where he mentioned he can fire me any time without notice and if i want to . Current H1B Processing Time 2021 (Estimate Approval) H1B regular application processing time is 3 months to 1 year for approvals. Hence, you do not need H4 i797 to get an H4 visa stamp in the passport. H1B premium processing is getting approval within 1 to 15 days of filing. I am still due to get the stamp. I'm planning to resign with my current . The myths about H1B Rejection and approval: The premium does not increase the chance of H1B visa approval as premium processing is for an employer who wants to have the H1B petition adjudication to be done within 15 calendar; The visa won't be rejected if the employer is a small-sized company; Filing in April does not assure the visa guarantee commented Jun 7, 2015 by . I don't want to move to H1B as I would like to utilitze my L1 completely first. I do not have VISA stamped for this petition and hence i have never traveled to US. She has I140 approval, and is cap exempted. > You received a valid petition but didn't get the visa stamped. I want to change companies. It is not possible to obtain an H1B visa stamp within the USA. Thanks a lot! Pending stamping. but never travelled to US and Petition&Stamping got expired in sep-14 ,i have shifted to new company B. I want to change companies. I have Unused and Expired H1B Petition (Approved for 3 Years. Step 2: Upon approval of the I-140, USCIS sends notice of approval to the State Department's National Visa Center (NVC). If your education has been predominantly done in your home country, or any country apart from the U.S. or Canada, they may not stamp your visa. What is the process here? Stamping through new employer. A. Posted: 11 Jul 2018. I have a valid visa stamp till next year and most recent I94 has date till next year. So if your H1B petition was filed and/or if you had a H1B visa in the past, you would need to provide the following. It could be for reasons like not maintaining proper status in the US in the past. If it is not required to get stamping for new I 797 B as long as i have valid petition then does not I 797 B state that consulate visit is required. The Consular Officer will verify your education background, work experience, details of your US employment, and other relevant information, and . It is not approved yet. It is expired in Sep '10. Basically, H4 is a dependent visa and does not need a petition approval as an H1B does. This is my current scenario.. I'm a MS Graduate from the US and got selected in the H1B lottery in 2020. Can i search for other jobs in USA . Now my employer had filed an h1b amendment in June 2018 and got receipt number. After i left Company A revoked my petition on April -2015. My H1B visa stamping experience at the US Embassy. NOTE: It's always safe to travel after H1B approval. Will I have to enter th. You need to file an H1B petition with USCIS and have that petition approved. However, they do reserve the right to refuse to stamp visas in the Canadian consulate. Now, her employer is re-initiating her H1-B petition again from India. Wait till you get APPROVAL for your H1B petition with employer A. On Sat, 28 Jun 2003 13:53:39 +0000, neil424 wrote: I have the soft copy of the approval notice(I797-B) and is valid till . I do not have VISA stamped for this petition and hence i have never traveled to US. Applying for an H1B visa is an arduous task and has become even more complex due to the recent tightening of visa regulations. If you get the stamp though, you might ask yourself when you can enter the U.S with that stamp. I am working with company A in india who sponsored my visa.I am transferring my visa to employer B who will file premium processing and get me a new petition. The H1B employer must file an amended or new petition before an H1B employee starts working at a new place of employment not covered by an existing, approved H1B petition. The petition is approved and valid till Feb 2017. Travel On H1B While An H1B Petition Is Pending. Your prospective employer submits a petition to the INS for the issuance of the H1B visa for you. Hi,My H1B was approved on consular notification from Oct 29 2020 to 9/30/2023. Donald Trump, President of the United States of America, will soon sign an executive order to suspend the H1B visa program until the end of the year. February 23, 2019, 9:50am #1. I do not want to stamp their visa as I do not want to join this company. A Letter to be directed to USCIS with below details. Is my H-1B still legitimate? My original petition is approved till next year September. That is very helpful. Once the petition has been approved, it is time to schedule an H1B visa interview. I have a stamped H1B visa ,but I did not travel to US. Will I have to enter th. If you are still outside the U.S. and have received approval for your petition but have yet to get it stamped on your passport, there are some things to consider associated with getting an H-1B visa transfer before entering the U.S. Status to H1-B and the petition got approved starting Oct 1. My ex employer got my H1B stamped in March 2019 (my petition was selected in 2018 lottery). October 1st is the date you can start your new employment - it is not for stamping. Does I 797 B petition approval mandates that i have to go to consulate for stamping. I have a valid F-1 visa on my passport but the way I understand it I cannot re-enter the country if I leave on that visa. Applying for an H1B (USA) visa in Canada. H1b petition approved. Hi All. By using that amendment petition, I can go for stamping and travel. You can get your stamping done any time after the approval, but you can not start H1B work till October 1st You would have to work with attorney for this. Also, he has not yet got the H1B visa stamped. But I have never traveled to the US using this . :( The reason for extension of stay denial is that employer has not filed the . If the H1B Petition is approved without an I-94, which means that the USCIS did not approve either the change of status or the extension of status but only approved the H1B petition, then you must first exit the U.S. Proper explanation of why we don't have the old petition's copy and approval notice (I-797 copy). In general, if a foreign national is granted H1B status or issued an H1B visa "stamp," that individual is considered to have been counted against the H1B cap. Once the petition has been approved, you can schedule an interview, which (depending on where . There is a rule from the U.S that H1B visa holders can enter the U.S only 10 days before they have to start working. Well, you don't have to have the stamp to use the H1B approved petition, if you don't need to leave the US and return. Thanks, Romesh Can an approved H1B transferred to a new company without present company doing the stamping? I have received the I-797B. Now, i am … read more. Then go to the following site. Most likely not. However, if the new evidence allows USCIS to determine all conditions for an H1B visa are satisfied, a Form I-797 with approval of an H1B petition, will be rendered. Sometimes, the H1B approval does not come with Change of Status approval. This ensures that the I-94 Arrival and Departure Record will properly reflect the end date of the new employer's H1B petition. IF employer B also submitted your file for lottery and IF it was also selected in the lottery then they could have started the process.You know very well now it's late for that. The USCIS' approval of your H1B petition does not automatically grant you admission to the US on H1B status. The H-1B visa stamping process should be implemented in the following order: After petitioning for an H1B visa, if the petition is selected in the lottery, the petition receipt number and receipt notice from the USCIS will be forwarded by the employer to the applicant. So, you can not "transfer" something you don't have. Based on the USCIS petition approval, the alien may apply for an H1B visa stamp at an American Embassy or Consulate abroad or a change of nonimmigrant status with the USCIS. I have a friend whose H1-B visa petition was approved this year. Hi, My company has filed h1b amendment for me and the petition got approved but the extension of stay denied. The visa stamp has an end date of July 2021. My employer is laying me off. Copies of all prior petition approval notice(s) Copies of prior denials What is the process here? But be sure to carry the new H-1B approval notice (from Company B) and also make sure that the new I-94 that you get when you enter the US has the new validity date, i.e., the validity date of your Company B's H-1B approval. They had filed my H1b visa this may 2013 ( through the lottery h1b process ). Second is consular processing where you have to go to home country to get h1 visa stamp and enter the US in h1 status Jan 15 0 HAP sDaTa Currently on STEM OPT and in US. The validity of your H1B petition is dependant on whether your I-797 form and job offer are still current. You will get visa stamp according to your petition approval validity. Additionally, the applicant may not travel outside the US until the H1B is approved. In some cases, applicants may wish to pay for expedited processing if immediate travel is necessary. For those who got approved by profit organizations, you must feel a big relief after the long waiting. H1B Transfer when H1B is approved but not stamped Posted: 15 Sep 2014 I currently work for company A which is Indian based and has a subsidiary in the US from whom I have an approved visa petition. I have the I-797A approval notice but do not currently have a stamped H1B visa on my passport. I have worked in US on L1B for 4.5 yrs and came back in Apr'10. You could just work under H1B now and while your petition is valid. If you have visa stamped with old employer? Hi, I'm in India. To your question you have not got the H1B stamped but the H1B petition is approved and received, then surely you can change employer but you will have to initiate the visa transfer process with the help of new employer. In India, she recently received H-4 visa approval (already stamped). Here's Series of Steps to Expect After H-1B Visa Petition Approval by USCIS Approval Notice (I-797) will be mailed to your attorney via USPS slow mail (I-797 Approval Notice) The attorney will send the Approval Notice and other documents to you (or Employer) You can schedule the H1B Visa Interview at the U.S. Embassy near your location reply; I went through document in USCIS CD and I found a contract agreement of 3 years. I have valid H1B stamping from old employer and new I 797 B petition from new employer. Valid H1B petition but not yet stamped.. 12-16-2015, 06:06 AM Hi Team, My H1 visa was selected in lottery which was declared in April-May 2014. A new H1B Cap-Exempt petition needs to be filed by the prospective employer for the same person, requesting USCIS to approve this Cap Exempt petition. If you have a valid H1B petition but never got the stamping, in that case, you should technically be cap-exempt since your name was once picked in the lottery and you have the petition approved. Failure to file an amended or new petition for changes in location occurring after this date may result in . H1B transfer without stamped visa. I have EAC number; I dont have Approved I797 document with me. what other options do I have to get out of this situation. The easiest way to meet the H1B qualification is to have a four-year Bachelor's degree or higher from a U.S. institute or an equivalent degree from a foreign institute. Unfortunately, t … read more Hi,My H1B was approved on consular notification from Oct 29 2020 to 9/30/2023. Foreign nationals in H1B status can travel outside the US and re-enter the United States as long as they have a valid H1B nonimmigrant visa stamp in their passport. the H1B Petition. Extensions of Status: Applications for H1B extension have the same requirements as for new H1B petitions. Let's examine the nuances of travel on H1B when an H1B petition is pending. Details of Previous H1B Petitions/Visas. Approved H1B petitions are valid for up to three years or through the validity period of the H1B petition, whichever is shorter. It is expired in Sep '10. Once the INS approves the H1B petition, the INS sends the approved petition to the employer. I will start work full time on Oct 1 and go to school part time ( I only have 9 credits left after this semester). In my case it was my first H1B filing. H1B visa stamp validity is same as petition approval validity. If the application has been . His petition was in the consular notification mode (i.e., he must go to a designated U.S. consulate for the Visa to get in effect.). Applying H1B in premium does not increase your chances of H1B RFE or denial. Would like to know which approach is better for my case, also if I go for H4 to H1b transfer, can I start working immediately? I have an H1B stamp on my passport based on a Petition filed by Company A. An H1B visa stamp allows an alien holding that status to travel abroad and reenter the US during the validity period of the visa and approved petition. (From March 2014 till Sept 2014). H1B is dual-intent so technically you could get the stamp with the immigrant petition pending. Depending on if the H1B visa stamp in the passport is valid, the person may be able to fly abroad and reenter on 1) Can I also transfer visa to another employer C simultaneously if my transfer to B from A is still in process? However, if the new evidence allows USCIS to determine all conditions for an H1B visa are satisfied, a Form I-797 with approval of an H1B petition, will be rendered. Stamping requires firm approval and a business case. A foreign national who has been counted against the H1B cap, but has not used any H1B time, typically may be sponsored for an H1B position by a U.S. employer without having to again . There is a rule from the U.S that H1B visa holders can enter the U.S only 10 days before they have to start working. I have an approved petition for Location A and Client X. I do not have visa stamping for approved petition and hence not travelled to US. The date when you start working is on your Form I-797 that proves your USCIS petition was approved. If you get the stamp though, you might ask yourself when you can enter the U.S with that stamp. For some people, this might not be the case. A: Then you would new visa with new sponsor before you could enter the USA. What are the risks involved? Filed H1B Amendment from outside USA - June 2018. I have a friend whose H1-B visa petition was approved this year. OP @sDaTa so there are two ways you can activate your h1b. These are a few locations in Canada- Halifax, Toronto, Vancouver, Calgary, Quebec City, Montreal. Step 1: Form I-140, Immigrant Petition for Alien Worker, is filed with USCIS, requesting consular processing. There is an option to have your first H1B visa stamped in Canada. Receipt Of Approval. My petition(non-masters, new H1B) is approved through my current employer(A). i94 validity is restricted if passport is expiring. H1B Visa. My H1b I129 petition is approved USCIS and i am now only left with stamping from the counsulate. You were clearly not permitted to work until the petition has been approved, there is rule. To stamp their visa as i do not want to move to H1B using the petition... Up to three years or through the validity period of the H1B petition can revoked. 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