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Getting H1 stamped - Urgent information needed

Discussion in 'Immigration Matters' started by senorita2007, Jan 4, 2011.

  1. senorita2007

    senorita2007 New IL'ite

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    Hi
    I am working on EAD. I am also processing my H1 right now.
    In the event of H1 visa getting approved, how soon should I leave the country to get the visa stamped. I was wondering if I can delay the stamping since I have my EAD active till 2012 August, or is it mandatory that I have to get the visa stamped in a US consulate outside the United States immediately.Will the delay in getting stamped, cancel my H1 or can I get my h1 stamped anytime I want ?

    Please give your feedback and experience.
     
    Last edited: Jan 4, 2011
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  2. Confused211

    Confused211 Gold IL'ite

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    You only have to get it stamped when you leave the country. Your I797 is a valid document to remain in the country for as long as it is valid and you remain with the same job. Visa is an entry document, not a temporary residence permit.

    As of last year, you can travel to Canada (and Mexico too, I think) and back to the US for less than 30 days without getting your H1 stamped. However, if you apply for stamping while in Canada or Mexico and it gets rejected, you have to go back to your home country and apply again. You won't be permitted back in until you get it stamped. They used to allow people back in regardless of whether or not they applied for stamping/it got rejected or approved until about 6 years ago or so. They have now closed the loophole. So, if you want to travel to say, Canada, for a fun trip and you intend to return to the US in under 30 days, it is best not to apply for visa stamping unless you are confident you'll get it, or are prepared to re-apply from wherever they tell you to apply from.

    This second paragraph was valid a year ago. Please check for current accuracy before making travel plans.
     
  3. Confused211

    Confused211 Gold IL'ite

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    My experience - I don't have an H1 stamped into my passport although I worked for a year on it. And I traveled 5 times between Canada and US, each time for under a week, during this time. Using the I94 that comes with the I797 along with my passport as my travel documents. I still had to get a Canadian visitor visa, of course.

    Interesting fact a year ago, could be true even now - on a single entry Canadian visitor visa, you can travel multiple times between US and Canada until the expiration date on it, provided you have not left the US at all to any other country (again, not sure about Mexico) after your first visit (or is it the entire duration of the visa? I don't know). Done that.
     
  4. Ranchu

    Ranchu Local Champion Staff Member IL Hall of Fame

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    Senorita,

    Check with the attorney who filed your H1. There is a clause for COS (change of status) during H1 filing . Not sure if this is the same for EAD - H1. But I've heard for H4 to H1.

    I think the moment your H1 is approved , your EAD will be void and automatically you will be under H1.

    as Confused211 says, you can stay in US with the I-797 and no need to get it stamped in your passport , unless you intend to travel to india for personal reasons.
     
  5. mkgirl

    mkgirl New IL'ite

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    Thanks for the info.
    Even my attorney said I can get it stamped later.
    But EAD and H1 are 2 different tracks he said.This wont affect that.
     

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