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H1 stamping

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  • H1 stamping


    I have a question on the stamping of visa.

    I am currently on the L1-A (multiple entry valid till April 2006) visa in Hartford. My H1-B has been applied for and I should be getting a receipt number next week.

    I am scheduled to go to India in September. The question I have is two-fold

    1. If I need to come back to the US in September, can I do so on my L1 – despite my H1 being filed, but cannot be used as it comes into effect from Oct 01, 2005

    2. Will my H1 automatically come into effect from Oct 01, 2005 onwards despite not having the visa stamped on my passport. Should I get my L1-visa nulled and void beyond October 2005?

    Appreciate your help.


  • #2
    First of all you have to find out from the H1B petitioner the following:

    Have the filed for a change of status?

    If yes..This change of status will come with an I-94 number which will be the same as your current I-94. IF you travel and return in September you will enter with a new I-94 and the I-94 from H1 gets automatically invalid. So you will need a visa to work on H1B..means you will have to go out of country, get a visa stamped and enter on H1B Status.

    If they have requested consular notification..

    You will have to anyway get a stamp before you enter.

    This does not apply for H1 to H1.

    I advise that you do not travel when such change of status is in process.

    This is not a legal advice. You may use it at your own risk!