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  • Visitor visa to H1b

    I am an Indian Medical graduate who has applied for Graduate medical education and have a few questions.
    I came to USA in Aug'06(first visit) on Visitor's Visa B1/B2, it was a 1 month single entry visa ,with I-94 till 1st Jan'07, then i applied for Visa extension and this case is pending with USCIS till date.

    Now my qestion is.. if I get into Graduate medical education program in March'07 and then i apply for H1b visa.. Should i apply for H1b while in USA and change my status here or should i go back to India and apply from there???
    Which of these will be most reliable way in my case??

  • #2
    If your ext is denied, you must leave US immediately and apply for H-1 in India.
    If your ext is approved , both are possible.

    Applying in INdia has an advantage; you get an H-1 stamp on your passport and you can travel back and forth to India any time you want.

    If you change status in US,you will NOT get an H-1 stamp on your passport;
    you will only get a new I-94 with an H-1 stamp. ANd if you will need to travel to India during your residency, you will have to deposit that I-94 at the airport and apply for an H-1 afresh at the embassy, where there is every chance that they will ask you why you changed status in US and may even deny you H-1.

    Always better to apply for an H-1 at home if you plan to travel home during your H-1 period.

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    • #3
      shiny
      you are a prime example of why many bonafide visitors are not getting visitor visas at U.S consulates in India. Saying something else to the VO and doing something else. Every type of visa has an intent. A visitor visa is for people to visit the U.S and you need to leave the U.S at before the authorized stay expires. If your intention is to work you need to get a h1B from your own country. Even if you are successful getting a COS from USCIS, u will not be able to get a H1b visa stamp as the VO will quickly find out that you have NOT been true to your intentions..

      The more people like you misuse the visa previledge(s), the more difficult it is for old-age parents (geniune vistors) to get visitor visas.

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      • #4
        visitor's visa Extension

        will the visitor's visa get extended to the DATE I FILLED IN VISA EXTENSION FORM,,,or will i get 6 mth ext though i requested for 3 mth extension....
        txx

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        • #5
          It is their decision; you have to wait and see.

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          • #6
            thanks peace..

            just wantes to know that usually how many extension is given.. is ir just for the no of mths specified or could be 6 mths..
            thanx again

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            • #7
              If your extension is denied, your visa will be voided if you have overstayed your original I-94 date. Even if the visa is not voided, the next time you go to the consulate for any visa stamping, you need to give a solid reason why you applied for extension and that answer will not be easy, as consular officers will not buy standard answers that i did not have much time to visit places in U.S. ...

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