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Do I need to get stamped in India before start to work?

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  • Do I need to get stamped in India before start to work?

    Hi All

    I worked in US in the year 2007 in L1 visa for 6 months(I got SSN)then I went to my home country(India) and got married. After marriage I quit my job and came to USA on H4 visa in 2008 and till now I am unemployed.Last year I went to India for vacation and while coming in I got a passport that expires on 19th Sep 2013 so they gave me a I-94 that is valid only till Sep 2013.
    After that I got a new passport and with that I applied for H1 and I got approval notice. But now they are asking me to again travel to India to get H1 stamped as my I-94 is only valid till Sep.
    My questions are,
    1) Do I need to get it stamped in India before taking up a job or
    2) Can I start working being here and whenever I travel there can I do that?
    3) Do I need to get stamped only in my home country or can I get it stamped in Mexico or Canada?

    I am really waiting for your reply.
    Please advice

  • #2
    Originally posted by rr.nals View Post
    Hi All

    I worked in US in the year 2007 in L1 visa for 6 months(I got SSN)then I went to my home country(India) and got married. After marriage I quit my job and came to USA on H4 visa in 2008 and till now I am unemployed.Last year I went to India for vacation and while coming in I got a passport that expires on 19th Sep 2013 so they gave me a I-94 that is valid only till Sep 2013.
    After that I got a new passport and with that I applied for H1 and I got approval notice. But now they are asking me to again travel to India to get H1 stamped as my I-94 is only valid till Sep.
    My questions are,
    1) Do I need to get it stamped in India before taking up a job or -- Who is they? Who is asking you? If the H1B approval notice does not have an I-94 at the bottom, your status will not change on Oct 1. You will need to change your status to H1B in order to start working. Traveling and returning is one way to change status.
    2) Can I start working being here and whenever I travel there can I do that? -- See 1.
    3) Do I need to get stamped only in my home country or can I get it stamped in Mexico or Canada? -- In principle you can apply for the Visa in any country. But, if you don't have a US degree, it is possible that a third country consulate will send you back to your home country.

    I am really waiting for your reply.
    Please advice
    See above.

    Your current status is not valid until Sep 30 and H1B can only start on Oct 1. That's why it is likely that the H1B petition was approved without change of status.
    This is my opinion and not legal advice.

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