can H1 stamping done after Oct 1st, 2013 ?

[sonaldon]

My H1 is approved in June and validity start date is Oct 1st 2013.
Can i go for visa stamping after oct 1st, 2013 ?

[raghvi]

My H1 is approved in June and validity start date is Oct 1st 2013.
Can i go for visa stamping after oct 1st, 2013 ?

Where are you currently located? Assuming you are outside US yes you can go after Oct-1-2013.

This is my opinion not legal advice.

[snowy]

If you are in US and your I-129 was filed with AOS then your visa classification will change to H-1B automatically on October 1, 2013. If you do not start work and get paid from October 1, 2013 you will go out of status.

If you are outside US then you can get your visa stamped any time before the petition expiry date, usually 3 years from approval date. But, in case your joining date, offer/appointment letter, client letter and/or petition mention October 1, 2013 as the start date be prepared to answer questions as to why you are late in getting the stamp and if your offer is still valid. If the dates in all the documents (except petition which is already October 1, 2013) are consistent and later than your stamping date then there should be no issues.

[cooldude23]

Do I need new I-94

When I was in India, my company filed H1B for me. In May, 2013, I came to US on a
dependent visa and I got I-94 on arrival in US against the dependent visa.
Early this month, I received H1 B approved petition without any I-94

1. I am told that I need new I-94 against H1B. There are 2 ways to get it
a) Travel to India and get H1 B stamped from India and re-enter US,
b) File amendment from US. Please advice If its filed from US under
premium processing, how much time will it take. My project start date is
Oct-01-2013.


2. Can I start the work once the amendment is filed, or do I need to wait
till the amendment is approved

3. My H1b petition and LCA are approved for Project with Client A in North Carolina. I got new Project with Client B in INIANA. Do I need new LCA
to work with Client B ? My role and responsibilities are same with both the clients
Also is there any need for H1b petition amendment ?

4. In Case, H1B amendment is required, can I start working with client B
from Oct-01-2013 if the H1b amendment is filed but approval is not received

[snowy]

1. a) You can get your H-1B visa stamped at any consulate in the world. Normally it is suggested that people get it stamped in their home country as refusal rates will be minimum there. People for whom their current visa has expired are advised against going anywhere but their home country because a refusal in a foreign nation would leave them stranded there. But, you may have an option to get your visa stamped in Canada, Mexico or the Caribbean since even if your H-1B is refused there you can travel back to US on your dependent visa (assuming it is still valid). India is always an option.
b) Premium processing will take 15 calendar days after USCIS receives your petition. It will also cost the Premium Processing Fee + New Petition Fee + Any Attorney Fee. If your company will be paying for these (as it should atleast the petition fee) then its the easiest way out. Remember that even after this whenever you leave US you will still have to get your H-1B stamped at a US consulate before reentring US.

2. You need to have proper work authorization to work i.e. an I-94 for H-1B status. It is illegal to work without any proper work authorization.

3. Yes, LCA is location specific. You definitely need a new LCA (This is mandatory!). Amending your petition is also highly recommended (I think now days it has become mandatory, I will let a senior member clarify this.) While filing amendment make all the changes in one amendment.

4. Refer to Answer (2).

[cooldude23]

[QUOTE=snowy;310368]
b) Premium processing will take 15 calendar days after USCIS receives your petition. It will also cost the Premium Processing Fee + New Petition Fee + Any Attorney Fee. If your company will be paying for these (as it should atleast the petition fee) then its the easiest way out. Remember that even after this whenever you leave US you will still have to get your H-1B stamped at a US consulate before reentring US.

Can I see this documented anywhere on USCIS official website that how much time H1b amendment will take when you change your status from consular service to conversion of status to get new I-94. I need to show it to my employer

Thanks