Immigration Issues/H-1B visa stamping

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Question
I received H-1B approval notice with the validity from 1st October 2010 to March 2013. Right now I am not in India to process my stamping. Is it possible to go for stamping sometime June 2011? Will the consulate allow it or stamping has to be done immediately?

Thanks,

regards,
raj

Answer
Hi,

If you are in the U.S. and H1B approval states that you were granted change of status, then you are automatically in H1B status on October 01 and you do not need to depart the U.S. at all. An unexpired H1B visa status in your passport is required only for entering the U.S. from foreign travel abroad.

If you are not in the U.S., you can apply for H1B visa stamp from a U.S. Consulate anytime prior to H1B approval notice expiration in March, 2013.

If you want to keep your options open in case the U.S. employer requires your services on short notice, it is probably a good idea to obtain the H1B visa stamp from the U.S. Consulate now. This allows you the choice to enter the U.S. anytime prior to March, 2013 without having to spend time applying for H1B visa stamp (as it is already in your passport).

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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