Consular notification h1b. But I’d like to know if I can file for COS after .


  • Consular notification h1b Wife is pregnant and won’t be able to fly past August. I will be In STEM OPT end-may, H1B consular notification approved (end: sept). ADMIN MOD H-1B Approval Notice . Hello, Currently I hold L1 visa valid until June 2015 (5yrs). The consular officer approved my visa on the spot. This status violation might mean that your H1B might have to be filed as consular notification, in which case you'll have to leave the country to get a new visa stamp (and disclose this status violation to the consulate). But since she has been on H1 and also got stamped 2 years ago, once we fill questionn. They are ready to transfer my H-1B to their company on consular notification. Which says "Consular Notified (if applicable): CHENNAI" . I traveled outside USA(to my home country) for summer vacation, returning back i I have my H1B petition approved under Consular Processing. H-1B petitions approved by USCIS for consular processing are forwarded to the Department of State for review. pursuant to F-1 status if the individual has been maintaining F-1 status in the U. Biggest downside is if you lose job, you are in I was picked in the H1B lottery. The notification to the consulate in Chennai, India, simply indicates where your approved petition has been sent for record-keeping purposes. 5HYLVHG 6HSWHPEHU i CONSULAR NOTIFICATION AND ACCESS Office of Policy The H1B visa transfer petition may be filed by an employer under Consular Notification. Nov 2018: USCIS did not issue a denial letter for change of status Nov 2018: After approval, employer submitted petition withdrawal to USCIS but I never got the H1B "activated" Jan 2018 - current: H Key Takeaways: I-797 Forms are crucial in H-1B visa processing, including types like I-797, I-797A, I-797B, and I-797C. Please find the below email :-The Vermont Service Center has approved the following I-129 Petition for Nonimmigrant Worker that had been filed under the Premium His previous employer (employer a) withdrew his h1 on 1/13/2020 and today he got to know from employer b’s attorney that his h1b got approved as consular processing and not change of status. (15. My wife is also in the US and she was planning to apply for L2 to get a job If a cap H1B is NOT filed consular processing, the visa becomes “activated” only after working for the same employer who filled your H1B for at least 1 pay period AFTER the validity date on the I-797 approval notice. embassy/consulate to obtain an H-1B visa stamp and reenter the U. So I need to file for an H1b visa before coming back to the U. , appear at any U. Cancel Post. 0 credits left. You can change before as well on OPT but won’t get H1b cap When you apply for a US Visa renewal and you meet certain criteria, you can get it stamped in your passport without attending an in-person visa interview. What is the catch in the consular notification if I plan to travel while they file my I understand H1B status is activated on Oct 1, but do you still have to go to another country, appear for interview at the US embassy there for H1B stamping? I want to submit my petition through Consular Processing, but I do not want to go through the hassle of interviewing if I can get away with it through Change of Status. Posted at 09:02h in Consulates, FAQs, For Families, For Individuals, Nonimmigrant Family, Travel, Worker by Shay Taylor. I got an offer from a company and they are filing H-1B for me in April 2017 under consular notification. Cap It is the employer's responsibility to file for an H1B visa on behalf of a worker. This is when you need to travel abroad,apply for an h1b visa stamp at the Us consulate, and renter the US in H1b status to activate your h1b approval. Filed for H1B and received the approval notice under consular notification (I-797B) which means I can stay in my OPT status until I activate h1b by stamping/re-entry or doing a change of status. What are the advantages and disadvantages of delaying my H1B activation? Can I Instead of filing the H-1B with a "change of status" request, your employer will need to choose "Consular Notification". ISSS will then work with the H-1B Applicant and the Hiring Department I know with consular notification, i need to take the approved petition to a US consulate and get a new h1b stamp. I have an H1B approved with Consular Notification. So, you have to leave, and once an H1 petition is approved, you can travel to the US. The H-1B petition asks for an October 1 start date. If the H1B petition was filed in Consular processing, it usually means that you need to get H1B Visa stamping done in order to start working. In this situation, in order to activate H-1B status after the H-1B petition is approved, the foreign Some F-1 students are seeing their SEVIS Records erroneously terminated due to a Change of Status adjudication by USCIS, when, in fact, there was a “Consular Notification” decision instead. If the H-1B petition is filed for “consular notification,” an individual in F-1 status may travel internationally and reenter the U. The HIO will assist departments in evaluating which option is appropriate for the scholar depending on department needs and the individual’s plans. and return with the approved petition and a valid H1B visa. Was it dropbox and straightforward? Hi, I am on F1-status graduating in December and my potential employer filed for H1-B visa under consular notification. I want to know if first time stamping of H1B visa is mandatory to get from India? Or if i am getting A U. I have applied to for H1B consular notification (Consular H1B consular processing is better if you want to control H1B start date when moving from F1, OPT, H4EAD. Newlow. But since she has been on H1 and also got stamped 2 years ago, once we fill questionnaire it shows we are eligible for Dropbox. My attorney recommended that I file for H1B on consular notification for PERM based GC. You and/or the employer should discuss this with an attorney before deciding how to proceed. In addition, you will lose the H1B if you move companies as well, so this ties you to the current employer until you activate your consular approved H1B. I am currently a student on F1 Visa and graduating this May (so I have 3 years of OPT + stem OPT left) and by luck I got selected in H1B lottery. 22. It's essential to review the details of your The mere fact that a consulate is listed on the Premium Processing eMail approval notice does not mean that the H1B has been approved for consular notification. consulate abroad be notified, typically so that the beneficiary may then go the consulate and apply for a In April, I received a notification from my employer’s immigration attorney that my H-1B registration was selected. Crowdsourced availability of visa appointment slots. Sort by : LeanTaaS ♥️ data Mar 14, 2019. My question: if I travel internationally, will the H1b be a consular notification type? What if my plan changes and I will use OPT to stay Answer Generally, an H1B petitioner can switch a case from Change of Status to Consular Notification. Since the first time, H1b filed by employer A was withdrawn before Oct 1 and employer B filed another H1b petition through Consular Processing, can there be a question raised during the visa interview regarding this petition being a cap-subject petition? Looking forward to learning You will lose your lottery selection if a petition isn’t filed this year. 1. You will have to get an appointment at a consulate Change of Status vs Consular Processing for H-1B Cap FilingNew Data Reveals Millions Stranded in the US beyond Scheduled Departure DateAdditional $20,000 Fil Hi, I am in US on valid L1A visa with I-94 expiring in Jun 2021 (Been on L1A for 5 years now). If your old visa is still valid you can just re-enter on the old one with the new approval. In this regard, can my employer file a You have been working without authorization for a few weeks and must stop working for B immediately. With my I-797 expiring soon, H1B renewal application is being submitted but as a consular option and it would be of Thanks for your response @shekar11#. Questions: Am I allowed to go Canada f I am on H1B in USA. If my H1B is approved, How long do I have before I travel outside US for a visa interview and activate my H1B? Which new H1B filing process has better chances of H1B approval? Consular Notific No, you do not necessarily need to leave the country to activate your H1B. This is where the US citizen or permanent resident (your sponsor) files a petition to establish the family relationship with you. As the market is messed up rn and my company decides to layoff people and lets me go, what will happen to my h1b? Can I start my h1b at another company without having to enter the lottery pool Consular Notification Process . to 2. box. My first H1 Hi I am in my first 12 months of my OPT which expires on "01/14/2015" and I have an extension for 17 months. They need me to immedi I am in US and got H1b picked up in this year march and have approval for consular notification. One piece of good news is that, if there is a valid H1B visa stamp in the passport, the individual would likely be able to use that visa and the new H1B approval to "Consular notification" when your H-1B petition was filed means you appear at a consulate abroad with supporting documents to get the H-1B stamp in your passport. Reply. If USCIS determines that the petition meets all requirements and the foreign national is eligible for the H-1B visa, they will receive H-1 B We use the information provided during the electronic registration process to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas When applying for an H-1B visa, foreign nationals have two primary pathways: Change of Status (COS) and Consular Processing (CP). Prior to my H1B approval, I was on L1B with a valid I94 till 31st Dec 2013. whose employers are preparing to file an I-129 petition on their behalf will need to decide with their Crowdsourced availability of visa appointment slots. My question here, what is the fastest process to make this happen? My current strategy is as follows: Due to a few reasons, my wife’s H1b extension is being applied via. I got H1 transfer approved on Jan 31st. Argo2345. The premium processing suspension does not apply to H1B petitions that request what is known as consular notification. C. I don't have any immediate travel plans but I'd like to keep my options open. With change of status, you h1 status starts from Oct 1 whereas with a consular approval, your h1 status starts once you get the stamp and enter the US using Consular Notification: With the I-797 approval notice, the applicant initiates the consular processing phase by scheduling a visa stamping appointment at a U. 2. I have been working for full time employee and I am planning to file my H1B this April 2015. Scenario 2: Candidate is with another employer on H-1B - In case of transfer H-1B, the candidate can start with the new employer only when they get the new visa If the H1B petition requests Consular Notification, H1B Cap-Gap extension is not triggered. com/s/pmtrjpw3cv7oke42ezycju5jlvf9b15zIn this section of the H-1B Toolkit for Employers, WR Immigr My H1B got selected this year. Hi, I am in the US under OPT and working for company A. Where remainder time is an issue petitioned filed while outside the I was interning during my second year of Master's program with company A and they filed H1-B petition with consular notification for me and my case got picked. If you do not know what the A. Normally, the process will require USCIS to send notification of the approval of the I-140 to the NVC in New Hampshire and then the NVC will notify Now, let’s look at the steps for the second scenario, where H1B was applied as Consular Processing. Extensions of stay may be granted for H1B within I-94 validity. This kind of visa stamping process is called an ‘Interview Waiver’ option and is popularly called the ‘Dropbox Stamping’. My H1b was approved with "consular notification" means my immigration status will NOT convert to H1b on 01-Oct-2019 unless I go for h1b visa stamping at US consulate You will not impact your H1B unless an employer files for an H1B transfer with a change of Status. Now, the company's lawyer emailed me the following: "Please confirm whether you wish to change status from F-1 to H-1B automatically on October 1 2024 I am on F1-OPT, I have a H1- approval with consular notification which I am yet to activate. She had her H4 approved without getting the stamping done as her F1 consular interview was the very next day & got her F1 Customer: I have a question regarding my Visa status Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U. within ten days of my employment starting date, which is late August 2023. Yes you can travel abroad. Called the attorney and he said that it's standard custom that when a pending case of H4 is there with USCIS and we file H1B as change of status petition referenced to the H4 pending status, the H4 will be taken and approved first and then the H1B is approved. I would appreciate if you could help me understand more about the scenarios listed. Normally, one can apply for a visa “stamp” in any country, outside the Anyone whose H1B was approved under consular notification, kindly share your stamping experience. 1st company wants to clean the slate and apply for new H1B (consular notification)for Hi all, my H1B has been approved and the H1B application was filed through consular notification. On July 13th, my employer filed to reactivate my H1B status under consular processing / notification (CPN) but still waiting to hear back from USCIS. I wanted to stay on L1B till i get PERM and I140 so that my spouse job is not impacted. BTW what does lawyer says? Like. Each I-797 form serves a distinct purpose, from petition approval to status changes and consular processing. This shit website is already making lives difficult and now this cyclone. Reply to this topic; Start new topic; Recommended Posts. As per my understanding, going for consular notify is a better option here, can someone confirm that kindly? Note: A petition asking for consular notification is not eligible for a cap gap extension. My Case Scenario Anne. My company is adding Consular notification Process for H1b. Your new employer will file H1b Consular notification is default for candidates who are outside US. To activate the H-1B status attorney advised me to depart the U. I'm on F1 OPT and eligible for STEM extension. The H1B petition has option to change status or notify the US Once your H1b is approved (after RFE and everything) and you have worked at-least 1 day on H1b, then you can change employer not before. I got my H1B approval August 2018. Nonimmigrants in the United States who wish to obtain a different nonimmigrant status generally either apply for a change of status with USCIS or, after USCIS approves their H1B consular processing is for individuals outside the U. Once approved you can apply for the visa and re-enter. Maximized my stem opt and actually got on h1b even without interview since you can amend the consular h1b to CoS just before stem opt expiration. if change of status, no need to travel Or get visa stamping. Next Steps for H1B Petition filed in Consular Processing. I have got offers from two companies now, for permanant job. To Hi - I am currently in US on L1B visa. I got the h1b in the lottery, and it was approved as consular notification. My Company Attorney have suggested for "Consular Notification" so that my status would not be c If you leave and then find a new employer, they can file an H-1B and request consular notification. However, due to the current US Embassy situation (India), I am not getting any Visa appointments. Options? Via Consular Notification. Petition Approval and Notification. Subscribing to the thread. Now, while the I-539 is pending, if they get a job offer, what would be the best options: H1B change of status in premium processing or H1B consular notification? H1b COS- Customer: I am currently on L1-B Visa and have an approved H1B petition. ; Understanding I-797 forms aids in visa planning, compliance with status regulations, and effective communication with USCIS. How can I help? Customer: I have a question on US Non-immigrant DS-160 form Lawyer's Assistant: Have you filed any paperwork with the USCIS (U. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York For fiscal year FY 2023, annual H-1B quota for 85,000 H-1Bs was met. Usually, most of the applicants, who apply I did this. Normally, the process will require USCIS to send notification of the approval of the I-140 to the NVC in New Hampshire and then the NVC will notify I understand H1B status is activated on Oct 1, but do you still have to go to another country, appear for interview at the US embassy there for H1B stamping? I want to submit my petition through Consular Processing, but I do not want to go through the hassle of interviewing if I can get away with it through Change of Status. Since we plan to travel to India this June 2014 and returning on aug 2014, I have been asked to decide among the following options 1. My employer is going to file extension sometime in April'2015 and is not filed yet. When to apply . Is there any risk to my traveling while my H1B is pending? I can’t get a straight answer out of them on a Friday. Here’s what your sponsor needs to submit: Form I-130; Proof of US citizenship or residency (copy of passport or green card) If a H-1B application is filed in United States for requesting "Change of Status" and the alien applicant is given a Form I-797A with new I-94 card at the bottom, as opposed to Form I-797B with a request for U. My wife is also in the US and she was planning to apply for L2 to get a job here. (My roommate did the same thing) Also, you get to extend your stay in US because you delay your 6 yr h1b start. Citizenship and Immigration Services) yet? Customer: Yes, a new petition with consular notification has been approved Lawyer's Assistant: Have you talked to a lawyer yet? I got my h1b picked in 2021 lottery but selected consular notification. You can file H1B Transfer Consular Processing if you: Have not maintained your F1 visa status, Day 1 CPT, STEM OPT, and OPT; Are filing a new application for an H1B visa through registration or lottery process from abroad 2. . Hide company name. However, once I get my H1B petition approved, I am hoping to avoid travel outside the US to get the visa stamped (as required for consular notification). consulate or embassy H1B Change of Status allows transitioning to H1B within the U. 18. This way, you'll Option a - Consular Process. The H-1B visa program is one of the most sought-after nonimmigrant visa categories in the United States. embassy or consulate. I want to travel out of USA between May 2017 - July 2017. Hi, My H1B application (filed as consular processing aka consular notification ) was picked in the lottery in 2017. Is this true for H1B under consular notification/First time from F1 to H1B visa? with valid I-797 (valid until Sept 2022) under the consular notification. And please let me know the difference and risk factors between CP and COS. However, receiving a new I-94 number suggests that your status has been updated. 2022. A. If H4 which is pending gets approved after H1 is fi Choosing between COS and Consular Processing entirely depends on your H1B status and your current circumstances. 2: The USCIS approves Form I-140 and Consular Processing option allows the foreign national to activate the H-1B visa by getting it stamped on the passport at a US embassy. Followers 1. "Change of Status" (Per my law firm I cannot travel) 2. Consular Processing for Form I-129F All approved I-129F petitions are sent to the National Visa Center (NVC) for processing. Posted January 10, 2017. Visa stamp in your passport I was picked in the H1B lottery. Consulate for a new H-1B visa. However, I was recently laid off, and will not have time to stamp my H1B before my last day of employment. government? Customer: Yes I have H1B approved in consular notification Lawyer's Assistant: Have you talked to a lawyer about the H-1B visa? Customer: No Lawyer's Assistant: Anything else you want the Lawyer to know before I The H1B visa transfer petition may be filed by an employer under Consular Notification. However I'm currently in India and unable to travel back to US due to travel restrictions and expired visa stamping. After getting H-4 approval, I am thinking of filing my H-1B petition for Consular Processing instead of COS. In the event that your change of status has been approved and you are traveling outside the United States or if your H-1B petition has been approved for consular notification, you will need to apply at the U. Hi! My H-1B visa was approved this week and my attorney has received the approval email. Processing times of your visa can be slowed down by administrative delays or security checks no matter "Consular notification" when your H-1B petition was filed means you appear at a consulate abroad with supporting documents to get the H-1B stamp in your passport. My consultant is not paying me right now and so I dont have pay stubs. Now, under such a situation, your status remains the same- L1 individual, till L1 Individual I-94 Expiry. In order to stay beyond L1- Individual I-94 expiry, you have to get a new H1B consular notification. Ask company B to response RFE and request USCIS adjudicate company B's H1B petition as a Consular Notify. and provides the appropriate documentation for reentry to the U. One more question, regarding if one can use old unexpired valid h1b visa with new h1b petition for consular notification :-- are you aware of any such case, where if a new employee files of h1b petition for consular notification while the B2 change of status is pending (and i also left the USA while B2 is still pending, so it will be abandoned). Members Online • Frosty-Initiative299. Given the current consulate availability and pent up stamping demand in India, I am wondering if it makes sense to change my H1B to COS. In case of approval, then there will Due to a few reasons, my wife’s H1b extension is being applied via. Lastly, if the situation does not resolve through your DSO, consider consulting an immigration attorney who can provide legal advice tailored to your specific circumstances. how can we confirm from the below e-mail whether H1B is approved as “consular notification” OR it is “change of status” The consular notified section is blank but I-94 number is there in the email . " Consular Notification: However, if the foreign national is not in the U. I want to utilized my EAD period to the max, to avoid paying FICA taxes for as long as I legally can. When I asked my university to give me a new I-20 endorsed for travel they said I am no longer on SEVIS and I don't I know with consular notification, i need to take the approved petition to a US consulate and get a new h1b stamp. Please consult with your employer or immigration attorney if your petition was filed for consular notification. Stakeholder Teleconference. My L1B employer had filed for my H1B and I am still with the Hello Appreciate your thoughts I am currently on L1B Visa valid until Jul'2015. Citizenship and Immigration Services (USCIS) has provided information to a consulate or port of entry, which H1B Consular Processing vs Change of Status after Winning H1B Lottery . Currently on F1 post-OPT status. I have a valid F1 visa, I-20 and enrolled as a full time student in my university till December. So just celebrate :) Reply reply more reply More Basically I have a full time job at a company that sponsored my H1B. My application got picked up in second H1B lottery and my lawyers are currently filing it. Key steps include an H1B job offer, DS-160 form completion, visa fee payment, and consular Unlike change of status, you can file an H-1B with consular processing both inside and outside the US. My employers law firm have started to process change of status from L1 to H1 which would be active from oct 2014. Once your H1b is approved (after RFE and everything) and you have worked at-least 1 day on H1b, then you can change employer not before. I am currently on L1B visa and can extend it for 2years. When i moved to the US with this specific employer, another company Y interviewed me and they gave me my dream job. Immigrant Visa Issuance. My current employer is saying that as your H1 was applied as cou I'm employed on H1B (16th year on H1B and GC processing is in progress) and on US payroll. Whether it is a good idea, however, can depend on multiple factors. I am living in US on H4 and planning to file my new H1B application under Consular Notification process. My question: if I travel internationally, will the H1b be a consular notification type? What if my plan changes and I will use OPT to stay Consulate Notification: There are presently only a few consulates abroad that will accept an application for consular processing without notification from USCIS visa the National Visa Center (NVC). I explained that I Scenario 1: Employee is on F-1 (OPT/CPT), H-4/L-2 (EAD) - The foreign national in this case can work on their current status until the status expires and can travel outside the U. Visa stamp in your passport My H1B registration got picked in the lottery so my employer can file the petition between 4/1 and 6/30. I am currently in the US, working on STEM extension. Intial opt expires jan 27th. Cap Consular Processing also may be chosen so that individuals have more control over when their H-1B actually starts, providing them greater flexibility when determining how to take advantage of the six-year maximum of H-1B status. This means that you are not given any status in the U. Veritas xWfa06 Mar 14, 2019. I intend to travel internationally and my visa expired already. Best thing to do is to ask your employer/lawyer if you have any concerns. Now is it safe to travel abroad when H-1B petition is pending under Consular notification?Will there be any issue during re-entry? So I plan to travel abroad if your approval is consular notification, there won’t be an i94 attached to the bottom of the approval. companies to employ foreign When you go for the interview there is literally no difference between a consular h1b approval and a change of status approval. When I asked my university to give me a new I-20 endorsed for travel they said I am no longer on SEVIS and I don't You can have your H-1B filed as Consular Notification and can choose to activate it whenever you want by travelling abroad, getting an H-1B stamp, and entering the US. Its just that cyclone has disrupted stuff, plus dropbox appointment usually takes time as the person is not in-front of the consular. Ideally, you'd want to do it within the first 3 year period of validity, but I've seen people go many years after that, get an extension, then get the visa. Cann Legal Group, LLC . In this situation, to activate H-1B status after the H-1B petition is approved, the foreign national must enter the US with the H-1B approval notice from USCIS and a valid H-1B visa stamp in their passport. My EAD will expire on 31 Aug 2019. Department of Homeland Security (DHS) is issuing this final rule to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and The Department of Homeland Security (DHS) has finalized a rule titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and When your H-1B petition is approved through consular processing, the approval notice will come without an I-94. Upon approval of a consular H-1B petition, you will need a visa stamp in your passport to begin working on the H1B consular processing is better if you want to control H1B start date when moving from F1, OPT, H4EAD. Meanwhile, my company is By chatting and H1b, i797b in consular processing, employer applied in consular processing. This year April, I got selected by H1B lottery and used consular notification. Those affected F-1 status holders should request that their schools’ DSOs/AROs or program officers reach out to the SEVIS Help Desk at USICE/SEVP to have if your approval is consular notification, there won’t be an i94 attached to the bottom of the approval. (and As required by our Legal Terms, attorneys must disclose if any AI is used in answering your question. It can’t be transferred to a different employer until that requirement is Consular notification (if applicable): If the H-1B visa holder is outside the United States at the time of transfer approval, they will need to apply for an H-1B visa stamp at a U. , avoiding travel and starting employment quickly. While you can file a change of status to H-4, practically speaking it is a pain in the ass Have my H1b approved (consular notification) and need to get out of the US to get my stamp. Where remainder time is an issue petitioned filed while outside the My friend has an H1B visa stamped with an expiration date of 2026. Once the new H1B COE petition with Consular Notification is approved in near future, how can I start working for the new company B. You may have to register before you can post: click the register link above to proceed. Basically I have a full time job at a company that sponsored my H1B. A: Yes, precisely Anyone whose H1B was approved under consular notification, kindly share your stamping experience. Key Takeaways: I-797 Forms are crucial in H-1B visa processing, including types like I-797, I-797A, I-797B, and I-797C. Track consular and biometric availability of B1, B2, C1, D, F1, F2, H1, H4, I, L1, L2, M1 and M2 visa appointments. Is there a process in place where I H1B consular notification dynamics. Will I be able to enter the country over the next 2 years on my O-1 visa if needed? Is there any benefit to switching to H1B early with CoS H1B is not active yet, as I haven't got it stamped. Thank you :) H1B Cap Cases Filed for Consular Notification of a Beneficiary’s H1B Visa Can Now Be Upgraded to Premium Processing 07 Jun 2019. Usually, employers file H1B under consular processing when the applicant is I have an O-1 visa for 2 more years and I just got picked in this year's lottery. Hi. By Argo2345, May 20, 2021 in H1B : Portability Issues. Now, while the I-539 is pending, if they get a job offer, what would be the best options: H1B change of status in premium processing or H1B consular notification? H1b COS- Current situation: I am currently in US with an H1B approved as Consular notification instead of change of status due to which I have not got my H1B I94. What this means is that your H-1B will be approved but it will not become active or activated until you get your J-1 waiver and then go abroad, get your H-1B visa at a US Consulate and then return to the U. My wife is also in the US and she was planning to apply for L2 to get a job Consular Notification Process . Consular Processing requires a visa interview abroad, travel for a visa stamp, and re-entry into the U. She got a notification on her I-129 that USCIS has revoked it. I would like to travel back to Australia for a week asap (sick and old relatives). Posted May 20, 2021. Need Help urgent Hi Shervin, Thanks for your time and valuable information,here again i have few more question . Go to h1b r/h1b. I am waiting for approval of the same. Travel outside the United States while a change of status is pending will abandon that change of status. Only when you enter the US with that stamp does your status change to H-1B. We are still H1B Visa Change of Employer petition: Direct Consular notification process vs USCIS submission without payslips? Current employer has not paid wages, so the new company has given me a choice to either opt for consular notification (requiring me to travel to Mexico to get the new stamp) or submiting the petition without payslip while anticipating RFE. Is it possible to switch jobs before getting a visa stamp? Just worried as it would take at least till end of 2020 to get my visa stamped! You will lose your lottery selection if a petition isn’t filed this year. to commerce H-1B employment. Consular processing. Recently, they were laid off, and just before the 60-day grace period ended, they filed Form I-539 to change from H1 to spouse dependent H4. My H1B was applied immediate year(as counsular notification) and my petition was approved by July 2013 and i reentered US on Apr 2014. the H-1B petition is filed as a “consular notification” petition. I’m on an E3 right now (similar to TN) and my company has submitted an H1B petition for me. Apr. I have an impending travel Internationally in November and I have already booked my visa slots. The approval for this is the I-797B. -see above -why alternative? Go the B2 route if you have to and apply apply apply I am in the process of filing for my H1B petition, but I am inclined to do consular given the flexibility around having H1B activated even after Oct 1st. Change of Status, commonly referred to as COS, means someone applying with USCIS to change their current visa status to another visa status, without leaving the country. Please follow any instructions provided by the consular officer. Has anyone successfully tried getting this done in Dubai? The website mentions UAE residents, but I’ve heard anecdotal evidence of non-residents successfully getting their stamps. I am looking to change employers who are willing to apply for transfer of H1B. I understand that I can travel outside the US because the H1B Meanwhile, my previous employer revoked my H1B petition. This way, your status isn’t automatically changed to H1 on Oct 1. Via Consular Notification. Thank you :) Filed for H1B and received the approval notice under consular notification (I-797B) which means I can stay in my OPT status until I activate h1b by stamping/re-entry or doing a change of status. consulate. You will need to apply for a visa stamp While a change of status automatically occurs on October 1, under consular processing the beneficiary is required to travel internationally and apply for a visa at a US Given below are the steps in H1B Visa Consular Processing: 1: File Form I-140 with the USCIS with a request for Consular Processing. Anne, a Canadian national, has been working pursuant I am currently on L1B visa with approved H1B petition. What is the process for change-of-status from H1B to H4 (as I have H1B without approved I140)? 3. In this situation, if I want to change jobs, will my "future" employer be able to file for a change of status for me from L1->H1B and then transfer the H1B subsequently to their company? SEVIS record says I changed to H1B but I'm still on OPT (haven't activated my h1b consular notification). If the person is inside US, then he has 2 options - COS or consular notification. H-1B non-immigrant visa holders in the United States. In order to “activate” the H-1B status after approval of the H-1B petition by USCIS, the F-1 I am on F1 visa in USA, graduating in December 2017. You can also not continue working while a new H1 petition is pending, because you are out of status. Consular notification may also be an option worth considering if the individual has dependents who will need to obtain H-4 dependent status. Answer. , employers will request the approval notice to be sent to an overseas U. It would be much simpler if the H1B petition was filed for consular notification. An employer may petition United States Citizenship and Immigration Services (USCIS) for H-1B status on behalf of an employee/prospective employee if the candidate holds “theoretical or technical expertise in specialized fields. I am currently on my OPT which will be expiring soon. My H1B got selected this year. I pray that u receive ur passport back soon, so your travel plans are not disrupted. I got the H1B approval and also saw that my H4 was also approved the same day. So if L status is more valuable to you at the moment, you can Receiving an e-notification with a section for Consulate/Port of Entry Notified can be confusing, especially when you have requested an adjustment of status rather than consular processing. I plan to travel outside the US for Christmas but my F1 visa sticker expires end of November. H-1B vs. consulate or Hi - I am currently in US on L1B visa. As per my understanding, going for consular notify is a better option here, can someone confirm that kindly? Basically I have a full time job at a company that sponsored my H1B. All H-1B applicants must discuss any travel plans with the hiring department. I got an approved O1 last month and I have been picked in H1B lottery today. However, on CEAC, the status is shown as Approved since 3 May, with the following information. in H-1B status. When checked with employer attorney, they said they reached out to USCIS agent and they submitted for forgiveness petition. The new employer was very quick in dealing with this situation and said we had two options to file an appeal (MTR) or to file a new H1B consular notification in PP (based on previous approval). It allows U. consular office, so that the employee may apply for an H-1B visa to enter the U. J-1 visa status may be preferable to H-1B for many non This petition could either request a change of status to H-1B while still in the United States, assuming you are otherwise eligible for a change of status, or consular notification. You will need to review the original I-797 approval notice. college last year and currently working for Company A for a year now. Argo2345; Members; 9 Report; Share; Posted May 20, 2021. The B2 status has to be adjudicated, and it is only in this situation that the H1B change of status request could be approved. I don't want to go through Consulate Notification: There are presently only a few consulates abroad that will accept an application for consular processing without notification from USCIS visa the National Visa Center (NVC). You avoid taxes as well. Cap-subject H-1B beneficiaries in the U. To start viewing messages, select the forum that you want to visit from the selection below. My current employer is also filing H1B application under cap on 1/Apr/2015 and employer's Attorney firm said my H1B application should H1B visa transfer in Consular Notification. On October 1, 2022, those that were approved as change-of-status petitions went into effect. Denise Cann. Does anyone know her chances of approval via Dropbox (without 221g and in-person interview) Consular Processing also may be chosen so that individuals have more control over when their H-1B actually starts, providing them greater flexibility when determining how to take advantage of the six-year maximum of H-1B status. Rather, they need to request Consular Notification for you to get a new H-1B stamp at the US Consul in your homeland. Please get your H1B status asap, especially in these uncertain times with the job market. My H1B visa was expiring in end of May so my employer had filed for extension under consular notification and it got approved. She is planning to book a Visa slot in India. My wife is also in the US and she was planning to apply for L2 to get a job I am in H-4 status and my H1B petition was approved for consular notification. Below is the sample of the H1B visa approval notice for an H1B petition that was filed as Consular Processing. For example, if an individual from Mexico is in TN status, which does not allow for the intent to obtain a green card, but wants the option of starting the green But, since this is a discretionary benefit, it may be necessary to get the petition approved for consular notification, and then depart the U. 3,257 Satisfied Customers. This mention typically indicates that the U. S. government? Customer: Yes I have H1B approved in consular notification Lawyer's Assistant: Have you talked to a lawyer about the H-1B visa? Customer: No Lawyer's Assistant: Anything else you want the Lawyer to know before I Current Status: L1b H1b Approved with Consular Notification and I have valid L1 petition till Dec-2018. I am currently on F1 OPT and my OPT expires in July of 2018. to get the H-1B stamped. consulate or embassy in their home country. You will receive another adjudication They are not completely shut down till now. Hi, I am on H4 visa starting 19-Aug-2015 and my H4 application is not yet approved by USICS,Now my employer wants to file H1 as Consular notification. For ones outside US, there is While a change of status automatically occurs on October 1, under consular processing the beneficiary is required to travel internationally and apply for a visa at a US Consulate or Embassy to re-enter the U. What are the pros and cons of filing h1b with consular notifications ? 0 6 747. Does that mean I would need to start paying SS and medicare taxes starting 10/01? Or will I start paying those taxes only when I get a H1B from a My H1B got approved this year via consular notification. The DSO contacted SEVIS to activate my SEVIS status. However, due to opting for consular notification and consulates being closed, I have not been able to switch to H1B status. Step 1: Petition Filing (Form I-130) It all starts with filing Form I-130, Petition for Alien Relative. Since I was in India (for a month after I did my masters from a US university) when the petition was filed, the lawyers filed for a consular notification and without change of status. If you want to not transfer directly to H1B, ask your employer to file your H1B petition as “consular notification” and not “change of status”. When I asked my university to give me a new I-20 endorsed for travel they said I am no longer on SEVIS and I don't have a valid I-20 since "I changed to be on H1B status". Q: 3. consular officer has adjudicated and refused your visa application. Hi, I graduated from a U. This process is known as “consular processing”. Told we have to leave the US to get the H1B stamp and come back in Sept. Effective Monday, June 10, 2019, in addition to any cap-subject H1B petition filed for regular processing that requested a I know with consular notification, i need to take the approved petition to a US consulate and get a new h1b stamp. >>> If a petition is filed as a consular process, the approval I had a few questions regarding immigration and H1B travel. The U. Check your Hi sir had a question about h1b amendment for converting consular process to change of status , my wife’s h1b was picked up last year the petition got approved but she could not get the visa stamp due to the visa ban earlier and then the recently imposed travel ban , I have h1b visa stamped and she has h4 stamped as my dependent on her passport , assuming Customer: I am currently working in the US on an L1. I found out that for F1 students, they typically do Change of Status petition. Amazon @&86/)/?3 Mar 14, 2019. 2019) In Since the approval of H1B was for consular notification and not for a change of status, this should be clearly indicated in your documents. Since you currently hold an H1B status with Company A, you can travel abroad and obtain an H1B visa stamp for Company B at a U. In this situation, if I want to change jobs, will my "future" employer be able to file for a change of status for me from L1->H1B and then transfer the H1B subsequently to their company? My L1 got expired on Dec 2012 and i went back to india by Nov 2012. I have signed there offer letter and employement agreements. We have following questions: 1. I’m assuming this will mean my status will automatically switch from F1 to H1B on Oct 1st if the petition is approved and I can continue working. How soon can I apply for spouse H4 visa? If I get the H1B stamp from a consulate while my spouse is here, is she out-of-status? Does she need to go to the home country (like me) and apply for the H4 visa as well? If my spouse eventually wants to study on F1 visa, should I consider converting her F2 to F1 Hi - I am currently in US on L1B visa. The NVC enters the information into the Consolidated Consular Database (CCD), assigns a DOS Case number and sends it to the appropriate Consular notification (if applicable): If the H-1B visa holder is outside the United States at the time of transfer approval, they will need to apply for an H-1B visa stamp at a U. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS This bulletin summarizes If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. 11. One piece of good news is that, if there is a valid H1B visa stamp in the passport, the individual would likely be able to use that visa and the new H1B approval to The H-1B status is temporary employment authorization for a nonimmigrant who performs services in a specialty occupation. As my Visa status would not change to H1B from F1 unless I have the H1B visa stamped at a US consulate, I am not levied Yes, you can leave the country and activate the H1B approved by consular notification from Company B, even though you are no longer on B2 status. While the beneficiary is in the USA. , requiring them to go through a U. ; We are currently If the prospective H-1B worker is outside the U. Now I transfer my H1B to another company Y and seems like they opted for consular processing while filing the transfer. Members Online • Srinisini. I didnt start work with company X. ADMIN MOD Change of Status vs Consular Notification . Foreign nationals Consular processing is used for those who are overseas or those who will be traveling overseas while the application is pending. indd 3 8/18/2010 3:53:25 PM. I've had this option to choose OPT over H1B as well and I choose the latter for these reasons. Should I go for CoS or Consular Notification. As far as I know, it does not matter how or why you got selected. Considering the slow process of MS hiring, I will go out of status if I stay in the country. The difference is when you would be officially on h1 status. We do this all the time in the exact -within 60 day grace period -you can do it yourself if you want, but make sure you follow instructions exactly -file change of status from B2 to H1B and request USCIS approve B2 since it will probably still be pending or just file for consular notification. Can document drop-off facility be availed for such cases OR do we need to go for interview in person to the US embassy here ? Customer: I have a question regarding my Visa status Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U. can change of state possible? what is d processing time? Lawyers by Location . I got my H1B selected through But, since this is a discretionary benefit, it may be necessary to get the petition approved for consular notification, and then depart the U. 'The consular officer has approved your application subject to final processing by the consular section that is necessary to issue your visa. I haven't received I797 , yet but I believe it will be coming WITHOUT I94. My spouse' H4B got approved as Change of Status and he got a valid I94 till April 2015. Visa Stamping Appointment: During the appointment, the applicant appears I got the H1B approval and also saw that my H4 was also approved the same day. Either you are still in limbo or stuck in the endless wait or just received what we all wish for, the elusive Greencard, this reddit space is for you. Note: A petition asking for consular notification is not eligible for a cap gap extension. Share . However this was consular notification and not change of status. Change of status gives new i94 attached to i797. February 1, 2012. For example, if an individual from Mexico is in TN status, which does not allow for the intent to obtain a green card, but wants the option of starting the green Link to view session handouts here - https://wolfsdorf. I started working on my F-1 OPT that came into effect this year and also took up a teaching position at a university, after my H1B got selected this year the university said that they cannot proceed with my employment since they are not my primary employer but on F-1 OPT I can both teach and keep my full time job. The same interview waiver option is available for H1B Visa renewal as well. Upon re-entering the U. What dies that mean ? Like . Understanding the nuances between What is an H-1B approval notice? An H-1B approval notice is a document issued by the United States Citizenship and Immigration Services (USCIS) to a foreign worker who Unlike a change of status that takes effect right away on October 1, 2022, or on the later date of the petition’s approval, a petition approved for Consular Notification will require Number 97 Volume X Washington, D. Consulate or Embassy may issue a Hello, Currently I hold L1 visa valid until June 2015 (5yrs). Was planning on switching to H1B in Feb'24 where my STEM OPT expires in Aug'24. It takes a lot of time to do this, though, which is why it may not be pleasant for a lot of people. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY Philadelphia, PA Is consular processing and consular notification the same thing for an h1b petition? I asked my company to choose consular processing and they told they will do consular notification for the I-129 that can be done whether I am in or out of the country. Note, that if the H1B Petition has been filed for an extension of status and USCIS has questions about whether the H1B Customer: I am currently on L1-B Visa and have an approved H1B petition. This type of petition is filed requesting that a U. Share. r/h1b. L1 extension was never filed. My current visa is ending in a week, and I just received a verbal offer from Microsoft. So, I am thinking of Scenario: Nov 2018: H1B (I-797B) was approved with consular notification but NOT change of status. If they file H1B with Consular Notification what happens to H4 ( as H4 not yet approved )?2. Consular Notification abroad. please have a look on and suggest me . When you are ready to change from OPT/STEM to H-1B work authorization, the employer will need to file a Petition (amendment or transfer) with a change of status, or you will have to go for Consular Processing. A Hi, I am on H-1B with I140 approved and was laid off in March 2024 by employer A. H1b appoved in. at the time the H-1B petition is filed, does not have another status valid until October 1, or if other situations (explained below) apply, the H-1B petition is filed as a “consular notification” petition. “Consular Notification” is the case type applied to petitions when the individual is not applying for a change or extension of status from within the United States, most commonly Consular Notification: With the I-797 approval notice, the applicant initiates the consular processing phase by scheduling a visa stamping appointment at a U. - Your H1 petition, if approved , a notification would be sent to the appropriate Consulate as requested, lets assume its Chennai, India. with the new H1B visa, your status Hello,I have my H-1B with a specific employer X. After the H-1B status change approval in United States, the alien applicant can only work for the H-1B This. I applied via Consular Notification. Today's Posts; Forum; Visas - USA; H Visa (H1, H4, H2, H3) If this is your first visit, be sure to check out the FAQ by clicking the link above. Posted at 18:20h in For Employers, For Individuals, NewsBrief, USCIS News, Worker by Shay Taylor. Meanwhile my employer filled H1 as change of status in April-2019 under master cap. I had kept them in loop while filing for H-4 COS & EAD applications. A new petition would likely only be approved for consular notification, due to you being out of status. Consular Notification and Access Instructions for Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of Consular Officials to Assist Them Third Edition | September 2010 CNA_Cover. If the H1B petition requests Consular Notification, H1B Cap-Gap extension is not triggered. The only thing that matters is that you got selected in the lottery, so you can now apply for H1B with all documents and all. Sample H1B Visa Approval Notice I-797A – Consular Processing . I am currently in OPT. Do not be confused with I-797C, that is a different form that is more of a notification. 1) Can I just exit USA for a day and enter USA with the new employer H1B COE approval and my Old employer (company A) H1 Visa and get a new i-94 to start working for company B. You will have to get an appointment at a consulate My friend has an H1B visa stamped with an expiration date of 2026. Newlow; Members; 3 Report; Posted I am in my home country India currently. 1) what is the H1B with Consular process. What are our legal options? 2. This involves completing the DS-160 form and paying the required visa application fees. This month, I got offered a new position at Company B and wish to work there. Your new employer will file H1b transfer. With consular petition it is completely okay since you have valid EAD when you enter back. I am supposed to start working full time with company A in August. Was it dropbox and straightforward? Hi - I am currently in US on L1B visa. J-1: Differences to Consider . Do I have to go to my home country to get my H1B visa stamp? 20 May 2019. I had a question on whether I should apply using Consular Notification or Change of Status. By restoring I meant, re-activating SEVIS record. The DSO informed me that you should reach out to USCIS to obtain a list I am currently on OPT and have a H1 approved. Consular Notification: Should be Able to Enjoy Premium Processing. Company B doesn't want to wait until my H1 I was on F1 OPT till 14-Feb-2019 then converted to H4 and H4 EAD valid till 30-Oct-2020. So I am currently on L1 status. Is it feasible This. The NVC enters the information into the Consolidated Consular Database (CCD), assigns a DOS Case number and sends it to the appropriate H1b Approved - Consular notification - no petition for h4? Lawyers by Location . H1B Cap-Gap only covers those in F-1 status that have a pending H1B petition with a request for Change of Status. Questions - can I get my approved h1b transferred to the new employer before getting my h1b stamped? Given my h1b is not active (due to consular notification) I am not sure if I need to fly back to my home country and get my h1b stamped before changing my employer. consulate or Customer: Hi Lawyer's Assistant: Hello. But I’d like to know if I can file for COS after B needs to respond by withdrawing the part of the petition that requested that your H-1B be extended. Since, the second option was fastest we went ahead with that. F1 & OPT expires in June 2021 F1 & OPT expires in June 2021 H1B visa cap refers to the 85,000(60,000 general + 25,000 masters) visa slots. Got H1B lottery. During the 60 day grace period I got an offer from Employer B which is an IT consultancy and they filed my H1B transfer without premium processing on Day 55(May 2024) and we got a confirmation from FedEx that the packet was received by USCIS on Day 57. But if i have a valid visa stamp already, can I re-enter USA using the already existing stamp + newly approved h1b amendment i797 approval notice (which might clearly state consular processing). Your F-1 student status, including any applicable grace period, ends between April 1 and September 30. I had my H1B visa interview at the Hyderabad consulate on May 3. After review, a U. View as Printer Friendly PDF.