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Immigration Issues/H1B Approval and Proof

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Question
Hi Ajay, I currently live and work as a contractor in the US under a E-2 visa.  I'm due to be come an employee and my future employer (US company) has advised that a H1B visa is approved and is effective from 1st Oct 2010.  I have also been advised that I do not need to leave the US on or around the 1st Oct to receive visa documentation in my current UK passport.  I only have to report to the US embassy next time i'm due to be in the UK!!
Is this correct? What documentation do i require to remain in the US and start work for my future employer? Do I have to report to the US embassy in the future and when?  Does this cause problems coming in and out of the US?
Thanks

Answer
Hi,

If the H1B approval notice (Form I-797) states that you have been granted "change of status", then you will automatically be in H1B status on Oct. 01, 2010. In other words, you can continue to remain legally in the U.S. If you do happen to travel outside the U.S. after Oct. 01, you will need to apply for H1B visa stamp at a U.S. Consulate in the U.K. since your next entry to the U.S. will presumably be employment with the H1B employer. To put it another way, an H1B visa stamp is required only for entering the U.S., but since you will automatically be in H1B status on Oct. 01, you do not need to worry about obtaining the H1B visa stamp (unless you travel outside the U.S. for any reason).

If the I-797 states that the H1B petition was approved but that you were not granted change of status, then H1B status will be activated only if you depart the U.S. and enter on H1B visa stamp issued by a U.S. 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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