Passport validity for visa application and o3 visa questions

[senorita1978]

I have a couple of questions

I am on an O3 visa(dependent on my husband's O1 visa). An employer is applying for an O1 and H1B simultaneously for me. If either of it gets approved, can I start working directly or do i have to leave the country to get it stamped before beginning to work?

My passport expires Aug 2010. I have sent my passport for renewal to the NY office. The lawyers are filing my visa with the current validity(Aug 2010). Will that work negatively towards my application?

Your views will be greatly appreciated.

Thanks!

[shervin143]

If the approval is a COS (comes with a new I-94) then you can start working. Otherwise you will have to get it stamped and re-enter using that visa. Validity of passport has nothing to do with petitions. Passport validity is important only when you go for stamping.

[senorita1978]

Thanks for your reply Sherwin. Greatly appreciate. Recently one friends's H1B renewal came without a I-94. She was asked to get a stamping. Never heard of this before? What does this imply?

[shervin143]

If the approval comes without the I-94, then it is an approval with consular processing. The reason could be the person was not in valid status when he/she applied the petition or something like that. It means, USCIS is okay with approving the petition, but they want you to go and meet a consular officer, answer few questions and get the petition stamped to use it.

Thanks for your reply Sherwin. Greatly appreciate. Recently one friends's H1B renewal came without a I-94. She was asked to get a stamping. Never heard of this before? What does this imply?