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H1B Stamping Query

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  • H1B Stamping Query

    I am currently working on F-1 OPT extenstion which is valid till July 2013. My Company is going to start the process of my H1 B application in April 2012. So I would be expecting the decision from USCIS sometime in June/July. So considering that the decision is positive (H1b approved), I would like to travel to India sometime in July/August. So considering the above situation I have few questions that I would like to get clarified:

    1) If I travel in July/August to India can I do stamping of my H1B Visa, as the Visa would be valid from October 1st 2012? Or I can travel and come back to US without doing my H1B stamping as I would returning to US before H1B validity starts?

    2) If I can do stamping is it possible for me to return back to US before 1st October 2012, or do I need to retun only after 1st october?

    3) If I can do stamping of my H1B, can I also apply for my wife's H4 stamping along with me when I am in India(jul/Aug)?

    4) What is the earlist possible date she can travel to US if she is allowed to do H4 stamping with me?

  • #2
    1) If I travel in July/August to India can I do stamping of my H1B Visa, as the Visa would be valid from October 1st 2012? Or I can travel and come back to US without doing my H1B stamping as I would returning to US before H1B validity starts?
    >>> You can the get the visa stamped anytime after the H1B petition gets approved. You need a valid visa to travel back to U.S. It is not advisable to travel back in any other visa other than H1B since the H1B becomes effective as of Oct 1st. When you apply for H1B visa at the consulate, the other visas (if any) in your passport might get cancelled.

    2) If I can do stamping is it possible for me to return back to US before 1st October 2012, or do I need to retun only after 1st october?
    >>> You can return back on or after September 21st (10 days prior to the H1B effective date).

    3) If I can do stamping of my H1B, can I also apply for my wife's H4 stamping along with me when I am in India(jul/Aug)?
    >>> Yes.

    4) What is the earlist possible date she can travel to US if she is allowed to do H4 stamping with me?
    >>> On or after September 21st.
    Not a legal advice. Use of this information is strictly at your own risk.

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