After H1B Approval – What Next?
By HSB
Congrats on your H1B Petition Approval. Getting H-1B approved is a big step. Typically after H1B petition is approved by USCIS, they will update the USCIS Online Case Status search website. H1B approval message will look similar to this
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Approval notice sent.
On June 24, 2009, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
This article will add more details to previously discussed article - When to go for H1B Stamping.
After H-1B Approval Notice Sent
Depending on your current visa status if living with US or applied for H!B from outside US, you may fall into any of the following categories
- H1B Petition approved with Change of Status (COS), you live within US
- H1B petition approved without Change of Status, you live within US
- H1B approved and you live outside United States
Within US and H1 Approved With COS
If your H-1B Visa petition is approved with COS and you live in US ( F1 Visa to H1B, L1 to H1B, L2 to H1B, H4 to H1B, …) you can start working from October 1, 2009. You will be required to get H1B stamping ONLY when you travel outside US. From October 1, 2009 your status will be changed automatically to H1B.
Students in OPT to H1B Visa – Your status will change to H1B from H1 start date, even if OPT period is valid for few more months.
H1B Approved within US without COS
If H1B approved without COS and you live inside US, you will have to go travel US ( home country usually) get H1B stamping and enter after October 1, 2009. You may have different questions with respect to this situation.
- When can I get stamping?
- Can I get stamping before Oct 1 and enter US on H1B?
- Can I get continue to work with current Visa status (L1, L2 or OPT)
You have to consult an immigration attorney to get answers to your unique situation or for additional questions.
H1B Approved while living outside US
This situation usually applies to those who applied for H1B through consulting firms. With USCIS have increased the security check to prevent companies from misusing the H1B program, consulting companies are finding it tough to respond to RFE on H1B requested by USCIS.
If you have H1B approved despite increased security checks and tough measures by USCIS, you can go for H1B stamping to your nearby American consulate. Check with US consulate on the earliest time and date to appear for H1B Visa stamping interview.
There are couple of blog readers who applied for H!B on April 2009, got H1B approved and already got H1B visa stamping. They can travel to US after October 1, 2009. But, each US Consulate will have varying rules, check with them, before booking visa interview date.
If you have additional questions like
- I live in New Zealand, but I’m citizen of UK, where should I apply for H1b stamping?
- I have H1B petition approved from last year, but my employer is asking me to wait, since job situation is not good in US, what should I do?
Consult an immigration attorney to get your questions clarified. If you have unique situation, spend some money to get your questions answered by an Immigration Attorney.
H1B Stamping
If you live outside United States, your employer must agree for you to go for H1B Visa stamping, this is usually the case with consulting companies filing for H1B. You just cannot go for stamping without your employer being aware of that.
Even before that, you need to get all the documents required for H1B Stamping. Your employer must provide you with all the required documents and you can prepare additional documents for H1B stamping.
Note – Consult an immigration attorney for professional advise. Above said details are for information purpose only.
Related posts:
- L1 to H1B Visa Transfer without H1B Approval Notice?
- H-1B Visa – Approval Notice Sent
- H1B Visa 2010 Approved, When Can I Go for Visa Stamping?
- I’m applying on April 2009, When Does H1B Visa Start?
- H1B Approved 59,100; Pending Approval 9500
Hi! I need your urgent LEGAL help.
I got my aproval notice for an H1B and now I am back in my country in order to stamp it in my passport. Before I left he US I was a transfer student since March 2009 until August 2009 and as I didn’t leave the country during that period of time my only proof of study was my approved I-20 which I took with me to my interview today. The embassy told me they were going to put my case on hold until I get a DHS aproval or authorization that proves that I was in legal status in the US but the Institute were I studied says that’s not possible because they only give I-20’s and they don’t have any other documents but a letter that certifies that I studied there during that period of time. I’ve never heard that before and I am very concern because I need to know if there could be any other document that my school can present or how can I contact the Department of Homeland Security , otherwise the embassy will not stamp my visa.
I will appreciate any legal and serious advise on this matter.
Thank you
@Fanny – We don’t provide legal help. You will need to talk to an Immigration Attorney for your situation.
My H1 is approved with COS. I am awaiting for documents from my employer. I just want to know what all documents I have to collect from my employer. Also after receiving my I797 notice, can I go and apply for SSN?
My H1 has been Approved.
I am on F1-OPT, and my H1 gets valid from Oct. 1
I wasn’t planning to go to India for H-1 stamping this year.
My Green Card process may start early next year.
My question is that:
“Is the H-1 Visa STAMP required to start the process for Green Card”?
OR
“Can I Apply for a Green Card just on my H-1 Approval Notice?”
hi, my H1b petition was approved but i need to know whether or not i can get the stamping done in december. as i will be traveling to my home country that time
I have been approved H1 B Visa in year 2008 and it has been stamped on my passport also. My employer hold me till todate. Now My employer requested me to come to USA.
My question: Is there any problem in entering to USA as I am going after one year of approval?
Please hel me if some one knows the rule of H1B Visa. Thanks
Hi,
I came to US in 2006 for my Master’s. I did not get my master’s degree yet and luckly i got my OPT started lasy year. I started working since 6 months in pretty big company. My H-1B got approved recently as my employer applied it through Bachelor’s degree. Now company forgot about my master’s degree. But during H1-B stamping what should i defend, if questioned about this? I also got a 5 motnhs gap in my OPT period. Will there be any serious issue duing VISA interview.
Kindly help me.
Thanks
Very Strange situation…plzz help
Hello everyone,
I am a little confused as to when to have my visa stamped. My change of status wasn’t approved, so I will have to leave and get my visa. I’m currently travelling and was wondering if I have to get my visa stamped by oct 1 2009 or if I can get it stamped in December when i go home?
thanks for all your help!
Hi,
I’ve got my H1B application approved for the FY2010, the visa is valid from 01, oct 2009. I’m Indian, rightnow doing job in Singapore. I’ve received all H1B related documents from my employer. I wanted to schedule the consulate interview at Chennai, India where my H1B documents are sent for stamping. As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. So i wanted to schedule the H1B interview by the second week of Oct-09.
1. Can I attend the interview by oct-09?
2. What are all the details/documents required for scheduling the interview?
3. Will there be chance for getting stamped if I attend the interview late?
It would be of great help if you can answer me the above questions.
Thanks In Advance
Lalitha.
1. Can I attend the interview by oct-09? – Yes
2. What are all the details/documents required for scheduling the interview? – Refer to US Consulate website and Required Documents list in this blog.
3. Will there be chance for getting stamped if I attend the interview late? There many waiting to attend interview who got H1B approved last year. You will be fine.
I am in US and my status is F2. I just got my H1B approved. i wanted to travel home and go for visa stamping but as i was going through the procedure they require pay stubs and i don’t have any as i don’t start working until the October 1st 2009. will the US consulate deny my visa if i don’t have my pay stub? will be it be better to go for visa stamping before or after october 1st 2009?
I am in US on F1 visa now. I got my H1 approved and it starts from Oct 1 2009. But my attorney filled the form incorrectly. Instead of checking Change of Status, they indicated that I am outside US. My attoryney applied for an amendment on June 2nd. Got the recpiept on amendment but havent heard anything from USCIS. Does anyone know how long an amendment takes?
INFORMATION REGARDING H1B STAMPING.
Hi Friends,
My congratulations for people who applied for h1b visa, got approved and best wishes for those who are waiting for the notice.
My question is
Got my h1b visa petition approved with change of status – where shall i go for h1b visa stamping. i read from various web sites saying generally people go to either MEXICO or CANADA
Any people in my situation and got information regarding this,help please.
Thanks,
kris
My H1B case has been approved but my employer filed my wrong date of birth on form I-129 which is reflected on approval letter. Please let me know what should be done to correct my DOB???
dude,
with my understanding that in the approval notice the name of petitioner will be available in this case your name and how come do you know your date of birth has been entered wrongly?
did your employer provided you a copy of h1b petition application to you?
kris
Hi
I just graduated with Bachelors in Computer Engineering from a US university this august. Can i apply for the H1 B visa NOW?? Else when is the earliest to do that??
I have got an H1-B approval with COS and my H1-B starts from Oct 1st 2009. My OPT ends Aug 31st but the change of status thing covers the month of sepetember as part of the “cap-gap” cover. Can i get my H1 stamped in August from canada and re-enter US in aug or i need to wait until 10 days prior to october 1st ? please help.
Is that really true that once you got H1 visa, you can’t move to the US 10 days before your job start?
I live outside of the US, and only 10 days to find apt and get ready to work?? I feel it is too short… My attorney said it’s a rule, but have anyone moved to the US more than 10 days before? I am not sure how strict the immigration about it.
Dear Yukoko,
I have the same doubt. Although even I remember my attorney saying the same thing… that we cannot enter US atleast until 10 days prior to Oct 1st… I am still wondering if thats true or not.
I have the change of status and H1 is approved, Why this article say that i will be on H1 after October 2010, i thought it’s October 2009.
I am confused now..
Ganesh – Thanks for highlighting it out. You are right. H1B will be active from October 1, 2009 if you have applied for this years 2009-2010 quota.