4 comments Continue browsing in r/h1b You are 'Out of status' if you your current F1 or OPT has already expired. Traveling abroad while awaiting a change of status to H-1B could affect your F-1 status, your ability to change status, and your ability to reenter the United States. So I am on F1 Visa in USA with Valid OPT , my H1B is approved with change of status to take place in October. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. It is very important to consult with an immigration attorney before departing from the U.S. if you have a pending petition with USCIS. Hello, I have been in TN status for 6 years (across 2 employers) and I was selected in the second round of H-1B lottery. For more information about your case, please contact . Disadvantages of L-1 to H-1B Change of Status. After 2-3 weeks, USCIS posts form I-797 for further communication. 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 Yes. A copy of the H1B petition was emailed to you with other documents when your H1B status was approved. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). If the COS was approved, the H1B approval notice comes with I-94 attached to it. How long does it take to change status from F1 to H1B? So, think of H1B as two separate applications when filed with COS. Travel While Change of Status Request is Pending - H-1B Related . Her H4 remains valid and She can . However, unlike the B, H2B, H3 and J1 visas, you only need to show "temporary entry.". There are two types of H1b extension and h1b transfer processes. DHS Announces Final (New) Rule for H-1B Visa Program - Preregistration Pushed Back to 2020 U.S. Consulate in Chengdu and Shenyang Will No Longer Conduct H or L Visa Interviews Overall Processing Delay at USCIS Reaching Crisis-Level Time to Plan for the H-1B Cap New Form I-539 Required Beginning March 11, 2019 Before we begin our journey, however, let us review some key concepts involved in change of status from F-1/OPT to H-1B: F1 Visa/Status: The F-1 is a nonimmigrant visa classification for students pursuing full-time education in the United States. Step 2: Upon approval of the I-140, USCIS sends notice of approval to the State Department's National Visa Center (NVC). You cannot choose which status you want to be maintaining. we approved your Form I-129, Petition for a Nonimmigrant Worker .") for the H-1B visa and I understand that I will automatically transition to H-1 status on 01 October ( source) - so . This completely eliminates any potential risk and will allow you to have your visa stamped, and complete the accompanying interview, in a familiar and comfortable setting. H-1B without Change of Status. 3. Several critical factors continue to impact travel this year, including COVID-19 policies worldwide and reduced operations at U.S. consulates. You can change your i94 status again to H1B by filing an H1B extension, Amendment, or Transfer after entering on AP; Once H1B is approved, you will get a new I94 with the status as "H1B Admitted" . If your new residential address will be outside of "normal commuting . by TANIYA AHSAN. Hope that helps. 4. When you travel outside of the U.S., you should take a the following with you: A copy of the H-1B petition/Form I-129 as it was submitted to USCIS. Share this post. 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. CHANGE BY TRAVEL. Also, remember to keep a copy of all the documents with you for future purposes. Consular processing. 2. A foreign national whose H-1B petition is filed and approved as a change of status (COS) will automatically be in H-1B status on October 1, or once the petition is approved, whichever is later. It should read "The individual must have an approved H-1B petition". If you work after the COS effective . The Advance Parole document is typically applied for on Form I-131 and is usually . This is explained in our article, Travel After Change-of-Status Approval with Future Start Date (02.Jun.2016). ago. You will lose your cap-gap benefits and have to wait for your H1B to be approved and apply for an H1B visa at a U.S. Embassy or Consulate abroad to come back no earlier than September 20, 2013. The H1B is a nonimmigrant visa. All H-1B applicants must discuss any travel plans with the hiring department. The list of steps is expected after getting approval of your H-1B petition by the USCIS and they are as follows: An attorney would then send the notice of approval and any other documents to you. So I am on F1 Visa in USA with Valid OPT , my H1B is approved with change of status to take place in October. He/she can change status from L1 to H1B within the United States. When USCIS approves . As a worker on H-1B status, you are required to pay taxes on the wage rate determined by the Labor Department whereas L-1 status does not dictate a minimum wage rate. No sane employer would be willing to pay twice for a H1B petition. since the h1b change of status doesn't happen until October I thought I would be fine travelling with my valid F1 in between, and wouldn . My question is that can I even work for my current employer (for two more weeks) between this period? This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Processing Time. An L1 visa holder can change his/her status to H1B, but will still be subject to H1B CAP. Time taken for a change of status Getting approval for a change of status is a time-consuming process. by TANIYA AHSAN. Step 1: Form I-140, Immigrant Petition for Alien Worker, is filed with USCIS, requesting consular processing. Watch the Video on this FAQ: H-1B 60 days grace period explained. if your H1B change of status has been denied, then your current status (whatever it is ) is intact. The first lottery selection process for H1B is already over and USCIS is now sending the invitations. You don't need visa stamp unless you want to travel internationally. Change of Status - Into, Within, or Between A, G, and NATO Status. For example, if an F-1 student applies for a change of status to an H-1 category, and leaves the United States while the petition and application for change of status are pending, the Immigration Service may approve both the petition and the application for change of status, but the change of status application will legally be null and void. from the last day of job in order for USCIS to grant H1B approval after a layoff? When filing a COS H-1B petition, the foreign national can not travel internationally while the petition is pending with USCIS. Application for H1B Visa Employment. However, if the applicant wants the processing to go faster, they will have to pay the H1B transfer premium processing. If you travel, your H-1B application will not be cancelled. 04-14-2014, 10:11 AM. #1 H1B registration starts Mar 1 at 12 PM and ends on Mar 20, 12 PM. If X is L1, you cannot and should not work on L1 beyond the H-1B start date. When your employer file petition for H1b visa extension. Citizenship and Immigration Service (USCIS) for approval of the H-1B position. 3 hr. Step 1 - Verify COS Approval & I-94 : The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. My H1B petition was approved a few days ago (received notification via email, physical yet to be received). "Change of status" only means that the applicant does not need to travel to his/her home country to get a new H1B visa stamp. The processing time of a H1B visa transfer takes 1 to 4 months to process under a regular procedure and 15 to 30 days for premium processing. In order to travel while your adjustment of status is pending, you will need a travel document called an Advanced Parole (AP). Whenever you are ready to wokr for the H1B sponsor, then employer will need to file an H1B amendment to change your status from H1B to F1 (the approval should come with a new I-94 for you to work) or you should leave the country and re-enter in H1B visa. As long as the H-1B is APPROVED before you travel, then your change of status will remain intact, and your status will change to H-1B on October 1. International travel while your H-1B extension is pending at USCIS is permitted if you have an unexpired visa stamp, but be aware of a few points before taking your trip. Citizenship and Immigration Services (USCIS) that the last action taken on one's status governs. This has to be done by them on your behalf. Video Transcript. Outside: Wait to get a stamp, can only start working once you are approved for the visa, enter the US and activate status. Citizenship and Immigration Services (USCIS) before beginning employment: If your H-1B visa stamp is valid on your reentry date, you may use it for admission. Update Your Address with USCIS. Included in the H1B petition is the Labor Condition Application (LCA). When someone says, they are applying for H1B Visa using Change of Status (COS), they mean to say that the H1B applicant is living in the US and applying to change their current visa status to H1B visa status without leaving the country (USA). Hi, Has anyone successfully travelled Internationally and reentered USA on F1 Visa with valid EAD card, when they have a H1B visa with change of status approved for a Future date? You can also request a "Travel Letter" from our office. It depends. You can't use your H1B until Oct. 1, and so your status will remain F1 till Oct 1 and until your employer uses the H1B to verify your employment, which they should do starting Oct 1. Depending on number of petitions filed and the work load of USCIS, they process H1B visa petitions anywhere from few weeks to few months. You can enter US on H4 and then file H4 to H1B change of status application in premium to get result within 15 days. Once approved, you are automatically on H-1 status from October 1 or whenever your job stars. Your status will F1 until your employer submits an I-9 employment verification, which is a free online system that all employees get verified through. Please log on to iTerp and in the "F-1 Student Services" menu, fill out the "Exit Plan" form. As opposed to showing nonimmigrant intent. Once the USCIS approves this visa petition, you are granted an H1B status. Travel Outside The US When H1B Change Of Status Petition Is Pending Travel outside the US while an H1B Change of Status petition is pending will result in automatic abandonment of the request to change status. #2 H1B worker details for registration: First and Last name Passport Number Master Cap Details You must prove you will depart following the termination of H1B status. Yes, employer can file a COS petition and pay H1B fee again. H1B change of employer transfer process. Not using approved H1B does not affect anything The answer from USCIS might be positive or negative. Petitions are approved on a first come . It is an option. Upload a copy of your I-797 approval notice. Authored on: Fri, 03/22/2019 - 02:05. . The H1B visa is what's known as a petition-based visa. Students commonly transition from Optional Practical Training (OPT) authorization, part of F-1 status, to H-1B status. If she wants to enter on H1b she needs to appear for consular visa stamping. The firm already submitted the H-1B subject cap petition and it was approved in a few days - I just received my I-797 and i94 original copies. I have recently received an employment authorisation document (EAD) for optional practical training (OPT), valid until May 2022. H1B change of status is denied but H1b approved. Also, I have been approved (". Consular processing. They can choose any of these processing types. Your valid passport; Proof that you are maintaining H-1B status (3 recent paystubs). before your entry to US. Although, you are not required to maintain a residence abroad. It is very important to consult with an immigration attorney before departing from the U.S. if you have a pending petition with USCIS. #1 H1B COS APPROVED You will have to get the hard copy of your approved H1B's i797 and apply for an H1B visa at the US embassy before you can enter the USA with an H1B visa. If you travel outside the country before the approval of the H-1B, the change of status request will be denied. A: Status changes are handled by USCIS. So, the question posed is whether, after the international travel, the previously-approved change of status from F-1 to H1B, with an effective date from October 1, 2018, is still valid, or is the last action of the USCIS considered to be the F-1 admission reflected on the I-94 created at the U.S. port of entry on July 1, 2018.