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+--- Thread: Is it must to go back to get H1B stamping???? - rudra (/showthread.php?tid=172217)
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Is it must to go back to get H1B stamping???? - rudra - ArchivalUser - 03-19-2007
My visitor™s visa expires on June13th. Can I continue residency with H1 visa? Instead of going back to India for H1B stamping, after 3-4 months residency can I go to Canada / Mexico for H1B visa stamping?? I never had any bad history in INS records. Can any body advise me regarding that please?
0 - ArchivalUser - 03-19-2007
Hi,I spoke with a lawyer coz I'm in a similar situation n he has adviced me to go back to India for H1 since my period of stay allowed on the current visa is getting over before the 1st day of residency. Hope this helps. You can consult someone,they dont charge rightaway!
0 - ArchivalUser - 03-19-2007
thank you maim..
0 - ArchivalUser - 03-19-2007
hey maim..
i m also in same situation..
planning to apply for extension n stay here till 1st july?? any idea abt this
txx
0 - ArchivalUser - 03-19-2007
hi, im in the same situation...my H1 papers is already filed in the INS...my tourist visa will expire on the 27th of march but i was able to extend it to june 27 and my contract starts on june 15 as i requested from the PD...i was just wondering if we can go to canada or someplace else to get our passports stamped after few months in the training or do we have to really go back in our home country?
0 - ArchivalUser - 03-19-2007
there are my attorney adv:
1)you can only legally remain in the USA on your present visitor visa status if you can obtain an extension of status from the USCIS. The extension would need to cover your period until to get into residency. If you do not obtain such an extension, then you will need to depart from the USA.
2. If you are not able to obtain such an extension of status, then you will need to leave the USA. The best approach is for you to return to India and then obtain your H-1B visa stamp at a US Consulate there after the USCIS (current name of the INS) approves your H-1B application.
3. I always counsel my clients not to go to a US Consulate in Canada or Mexico if they are in the USA in visitor visa status. Instead, I strongly recommend that they go back to India. I say this because the Consulates in Canada or Mexico can become suspicious if you entered the USA as a visitor and now seek to obain an H-1B work visa.
0 - ArchivalUser - 03-19-2007
txx rudra..
even my attorney adv me to go to home country.
txx dear
0 - ArchivalUser - 03-19-2007
Hi sweetie..
Before going to your home country make sure that your program doesn™t come under cap.
0 - ArchivalUser - 03-19-2007
ye i asked themm they said we dont. but also it depends how attorney wrks,,,
can i have ur email id /ph no for any help needed.
txx
0 - ArchivalUser - 03-19-2007
Iam rudra and my mail ID: inusa29