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Immigration Issues/H1B stamping process after I-94 expiry

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Question
Hi,

I'm on L1-B currently, but my I-94 is due to expire in July, 2010.
A potential employer is ready to sponsor my H1B while in US. If I need to go back to my country while the H1B process is underway, what will happen to it?
will it get stamped in US and can I come back to US in October to join the new company or do I/the employer need to apply for it fresh back in my country and get it stamped in my home country?

Answer
Hi,

Due to visa cap, the employment start date on H1B approval notice issued by the USCIS will be October 01, 2010.

However, your I-94 expires in July, 2010. You will therefore be required to depart the U.S. if your employer does not extend your L1B status, or unless you change to another nonimmigrant visa status such as visitor (B1 or B2).

After USCIS approval of your employer's H1B petition, you should apply for H1B visa stamp at a U.S. Consulate in your home country. When you enter the U.S., you will automatically be in H1B status as this will be the "latest action" taken by the USCIS.

You are not required to continue to stay in the U.S. for H1B petition to be approved by the USCIS. The employer should be ready to send to you the original H1B approval notice plus copy of petition to allow you to apply at the Consulate.

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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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