I have lost my job due company lay off. The company revoked my H1B on Oct 11, I have applied for a second masters at a university. Usually, how long would it take to receive this acknowledge notice. What are the Chances of approval to change of status in my scenario provided not approved what are the next steps. If yes on question 3, Can I still wait for the approval change without attending classes during COS processing time and look for jobs?
Approval, what are the steps needed further? Can I work right away, or do I need to get a stamping? Do I have to leave country and return or cross a border?
If I change my area of work from Mechanical to IT industry. Can a Y company apply for transfer for H1B, while another application is already pending for transfer of H1B from X company? Can I still stay back and start working, or Do I have to wait for acknowledgment notice before the 60th day?
I suggest to read this article about 60 day grace period which explains many scenarios. Can you share some details on how you further addressed the issue and share your experience. In a similar situation and looking for options. Thank you in advance. And just to clarify, it will be CAP exempt, is this correct. I suggest to clearly mention all points in one go.
It takes too much time to respond if you keep adding information in bits and pieces and keep asking same question again. Hello Anil I have lost my job due company lay off. I have following questions. When COS is still pending, can I enroll into school and start attending classes? Denied, what are the next steps?
Can I still stay back on COS request? My suggestion is to go out of US and then get F1 Visa. Then, you can enter US.Many H1B workers from India and China opt for going to Mexico or Canada for visa stamp to avoid traveling back to the home country. USCIS will automatically abandon your pending H1B change or extension of status application if you travel while your application is pending.
The change of status or extension is specifically meant to get you a new i94 when you do not want to travel at all. Now, if you travel after filing the application, you are doing exactly the opposite.
The biggest benefit of consular processing is : You can control the date of your H1B activation. They will issue a new i94 immediately. This way, you can choose to go out of the US and then enter using an H1B visa at a date that you want to start working. The biggest problem with H1b consular processing is that you have to go through one more step of scrutiny with the visa officer even though your H1B has been approved by USCIS.
H1B to F1 US Visa: Change of status and processing time
There is a possibility that your H1B visa stamp is denied by the US embassy in which case, you will not be able to return to the US. You can file another H1B transfer or extension or amendment and can apply for another visa stamp though. Change of status means changing your visa type or your purpose of staying in the USA.
USCIS issues you a new paper i after approving your change-of-status or extension-extension-status application. The H1B extension is also the same concept except that you file it when you are currently on H1B status itself. When someone files the i application while they are in the US, it is called AOD from current status to Green card status.
My wife is currently working on H4-EAD. Her current employer is willing to file her H1B Visa in lottery Will request consular filing as per your answers given to others questions. We will be going for H1B extension stamping with my current employer, Is it compulsory for her to change her Visa from H4 to H1B for the Visa interview when she goes to the consulate? Or can she continue to be on H4 as my dependent?Forgot your password?
H1b Approved but Change of status denied. However, the status previously accorded the worker s had expired before this petition was filed. Therefore, the worker s were out of status when this petition was filed. Thus, the worker s are not eligible for the requested change of status. Accordingly, the request for a change of status is denied. There is no appeal from the decision denying the requested change of status.
Even though the worker s are ineligible for a change of status, they may depart the United States and apply for the proper visa at a consulate abroad. Then they may apply at a port of entry to reenter the U. The petitioner should keep the upper portion of this notice and forward the lower portion to the worker s for presentation at the U.
To speed this process, we have sent notification of the approval of the classification to the consulate listed above. If you have any questions about visa issuance, please contact the consulate directly. I don't want to depart USA with this issues, so i would like to solve issue with out crossing border. What are the next steps i can take. You abused CPT.
US Visa Stamping in Mexico, Canada, First Time, Renewal
The CPT was illegal. That's why you are out of status. An MTR would be a waste of time and money. The rules are clear, and you broke the rules with your abuse of CPT. It is unlikely that you would get an H1 visa. You need to be a member in order to leave a comment. Sign up for a new account in our community. It's easy! Already have an account?US visa Stamping in Mexico is allowed. You can also visit the US embassy in Canada to get your visa stamps.
Many people visit Nogales or the US embassy in Matamoros due to its proximity to the Texas land border. One of our guests Anand got his first time H1B stamping in Nogales approved for 3 years. His experience:. So took a risk by looking at other experiences in Mexico.
You have been super helpful for me. Thanks so much Anil. Approved for 3 years. Note that you should have an existing US visa stamp in your passport in the same class to visit Mexico. The existing visa stamp in the same class can be either valid or expired. Many people visit Canada and Mexico for H1B renewal stamping including the H1B Amendment, Transfer, or extensions instead of visiting their home country. You will need to carry proofs of your H1B approval including the original i approval form and client letter most important especially for third party consulting companies with EVC model.
Many people get an H4 visa stamp and then quickly file and H4-EAD work permit after re-entering and save time. Off-course, your spouse should have approved H1B for you to get an H4 visa. You may be asked the reason for changing from an H1B work visa to an H4 dependent visa by the visa officer.
You can speak truthfully about the H1B extension denial or job lay off. Do not try to hide the information as the visa officer will have all your details. H4 is not allowed to work until you have H4-EAD. If you have been out of status in the USA because you violated the terms of your current visa like H1B or overstayed the validity printed on your I, then you are not eligible to apply at a U.
Embassy or Consulate in Canada or Mexico as a citizen of any other country. Form g can be issued in Mexico and Canada. If you are asked to submit more documents, you will have to stay there till a decision is made on your application.
You can get your passport back if you want to travel out of Mexico while your form g is being processed. The form g admin processing after visa approved can still take anywhere between 7 days to 8 weeks.
Off late, a form called DS is issued to get your last year travel history which can delay your visa processing. Source: travel. Hello, Thank you for the information. Any suggestions would be helpful. I was laid off in and moved to a different employer right away and have been working for this employer since then. I have an approved i from my first employer.Green Card - F1 students - Immigration
My current IA is valid until July My question is can I get an H1b stamping in Mexico Current appointment wait time is 2 days since my i has been long expired, would this be any issue or should I just go to my home country India current appointment wait time is 48 days. I need to travel to India but cannot stay longer than days due some personal reason. If I can go for stamping in Mexico, I can get it done in a short period and travel to India, take care of stuff and come back soon. Any suggestions please.
If you still need an answer, the stamping in Mexico can be done but you can get stuck there as well if they issue form g.This article explains few scenarios and helps you throw some information about visa stamping in Canada, Mexico, Bahamas or your Home country.
If you are in US you have few options either get visa stamping in a neighboring country like Canada or Bahamas. You can only go to Mexico for renewals only. Here is exactly what it says in immigration website of Tijuana. This is a very confusing question for everyone, can we go to Canada then for first time H1B visa stamping.
What they are trying to say is it can create issues if you have full education or experience in your Home country. It is a caution to someone who did not study in US or work in US to avoid if you can. Yes you can. There is no rules as of now like Mexico. I know few of my friends who went to Bahamas for Visa stamping last year. They had to get Bahamas visa to go there too. You should call the Bahamas Embassy under the new rules they mention on their site before you book an appointment.
You can read the details below. As you cannot go to Mexico, it is out of picture. Next option is for Canada, see it is risky in Canada if you do not have US education or experience in US as they clearly mention on consulate site of Canada. Personally, Bahamas seems promising as I have not heard any issues. Bahamas is something to consider. You will have to defend your visa interview though with full documentation and any questions though. What my understanding after reading many blogs and other info in many forums is : it is recommended to go to Home country for change of status or First time H1B visa stamping.
The reason is, it is much easy to verify your education certificates, work related certificates etc if you have from your home country. Important : These are all my personal thoughts based on readings on blogs, Forums and US Consulate website. You need to contact the US consulate for up to date information or to find any changes in rules.
I recently got my H1B approved.Visa — the overpriced, overrated gate pass, is just about the first spear-laden guard you will encounter at the entrance of the kingdom of the USA.
And there are many varieties of the same. The H4 and other dependent visas, F1 or J1 student visas, L1 exchange work visa, and the ever sought after H1B temporary work visa for specialized workers. Among all of these, H1B offers the opportunity of realizing your American dream — a coveted job with a salary in the high dollars. It comes with a stamp of three years of permitted work status, with the possibility of renewing it for another three years.
The process of getting an H1B starts with an employment within America where the employer sponsors your petition with the US Immigration Department. And when that approved I, what is a petition and not an aircraft, shows up, you are eligible to start working and getting your regular salary More about H1B process here.
H1B Consular Processing vs Change of Status (Difference?)
While H1B may sound like a happily ever afterevery good story has a tragedy or at least a villain. In this case, the H1B is now seeing the underside of a microscope, a lot.
And thanks to impending changes in its eligibility, viz an IQ of and a salary of major proportions, H1B holders, prospective and current, are looking to find ways to make their situation less precarious. And to make it torture litethe suspension has been termed temporary.
So what can be the most reasonable move to make your situation seem less drastic than a fall from an edge into an abyss?
Process of F1 to H1B Visa change of Status. OPT Rules, Planning – Tips
How about a visa status change, say from an H1B to a student F1? For instance here is how you can change status from F1 to H1B. It is legal, at least now, and gives you the opportunity to enhance your skills while letting you figure out that thing you hold dear, your life! Note: Do keep in mind the risk involved.
If your change of status is denied, you will have to leave your job and head home effective immediately. There is no mercy and no grace period. Say you are already employed and working, in the US, with an ongoing H1B visa tenure, you can make a decision to go back to school. There is no reason why you cannot seek a change while you are punching in your office hours. All it needs is for you to be in a legal status to begin with.
So if you are thinking of resuming your frat days, you will have to go through some paperwork hoops and be prepared to shed some of your wallet weight. Once all your paperwork is ready and copies are shelved in your folder for your bookkeeping, you should send in your documents Read for address :.
Box Dallas, TX It is possible that you are required to make the change from outside the US. Trying this stunt on your vacation in Cancun is certainly not advised. The best way to do it is to go back to your home country. At worst, your visa rejection will not leave your fate hanging in a foreign country. This will require pretty much the same bells and whistles, minus the I change of status form, and consequently its fees. It can take several months to process the status change.
In that case, the only solid piece of advice would be to provide a return address which is not due to change in the near future. Be sure to let them know that you have just revealed their home address to US Immigrations, you know, just in case they were planning to keep it a secret!
As long as your H1B is valid, you can continue to work to at least 30 days before the start, or report, date listed on your I If you have lost your job, chances are that your change of status will be denied on account of your lack of respect for US Immigration laws by continuing to reside in the US beyond the valid H1B.
If your situation is further complicated by the expiration of the 6 years of H1B tenure, then one of two things could be true for you. In this case you will have to go back to your country and apply for an F1 from outside the US, as if a fresh candidate.
It is only if you are re-entering the US on an H1B is when you will have to abide by the 1 year gap between fresh H1B applications.You often hear people talking about changing from F1 to H1B status, and rightfully so. Because it is a common occurrence and a natural progression in ones immigration journey in the USA. However, there are situations in which one wants to change from H1B to F1 status. You are probably wondering why someone would forego the H1B status that is acquired after jumping through hoops like winning H1B lottery and answering RFEs.
Change of status from H1 to F1 involves two steps. You could use the help of a career counselor like skoolville. In order to apply for a change of status from H1B to F1, you need to be in a valid status.
Your current status should remain valid until at least 30 days prior to the start date of the classes listed on I USCIS processing times indicates that Change of Status petitions can take anywhere from 3 months to 9 months for approval.
If you anticipate that your current H1B status expires before the COS is approved, you must file another Change of Status petition to bridge the gap between H1B expiration date and the class begin date. Please read the USCIS guidelines regarding change of status to F1 visa and consult an experienced immigration attorney to take steps to avoid being out of status. H1B to F1 change of status process — .
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