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H-1B visa stamping in US

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  • H-1B visa stamping in US

    Hi, I have the following situation, I was in the USA on F-1, then graduated, received my EAD (post grad. OPT for a year) and I am currently working for the company. The same company applied for my H-1B, we've gotten an I-797A, Notice of Action (It says that petition and change of status have been approved). So I am planning to leave the USA for 2 weeks, but need the actual visa stamp in my passport. Does anyone have any idea where and how to do that, since I am already in the USA?

    Thanks in advance!

  • #2
    You will need to schedule a visa interview at a U.S consulate to get the visa stamped. If you are planning to get your H1B stamped and if this is your first H1B, then the stamping should be done at the U.S consulate in your home country. However, remember that you cannot enter U.S in H1B visa until 10 days prior to the H1B effective date.
    https://www.immihelp.com/h1-visa-stamping-documents/
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      When does your H1 start? Oct 1? When are you planning to travel?
      This is my opinion and not legal advice.

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      • #4
        Thanks for replies.

        I called the USCIS, they told me to schedule an interview at my local USCIS office through their website, which I did. I don't think I need to leave the country... it is my first H-1B.

        Also, does anyone know which documents to bring besides the obvious ones such as EAD, Approval notice, ID, passport...? Pay stubs?

        It starts October 1, 2011.

        Thanks!

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        • #5
          Oh, and plan to travel next year, i just want to get everything done in advance.

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          • #6
            I am not sure what kind of conversation you had with the USCIS customer service. You don't need to leave the country to schedule the visa interview. You can fill the DS-160 form from anywhere in the world. But you need to go out of the country and physically attend the visa interview to get the visa stamped. USCIS will not issue you a visa. They will only issue you a petition to work. Visa is an entry doucment to a country and you can get it stamped only at a Consulate. There are no U.S consulates inside U.S since it makes no sense. If you are not planing to leave the country, then there is no need to get the visa stamped. As long as the H1B is approved as a COS, your status will chnage to H1B as of Oct 1st and you can start working in H1B status. Whenever you leave the country, you needto get the H1B stamped at a consulate to return back in H1B status.

            Check my previous reply for the link that points to the doucments needed to get the H1B stamped.


            Originally posted by Clapotis View Post
            Thanks for replies.

            I called the USCIS, they told me to schedule an interview at my local USCIS office through their website, which I did. I don't think I need to leave the country... it is my first H-1B.

            Also, does anyone know which documents to bring besides the obvious ones such as EAD, Approval notice, ID, passport...? Pay stubs?

            It starts October 1, 2011.

            Thanks!
            Last edited by shervin143; 06-27-2011, 03:08 PM.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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