ATTN tt tt and other gurus!H4 to H1 - Stamping - Does it have to be done in one year?

A

adjustee

Registered Users (C)
From a friend of mine.
Pls advice

Hi all

This question is with regards to H1 stamping.

When I came into the country in September 2001 I had a H4 stamped on my
Passport(I have had H1b stamping before this). Subsequently I transferred
from H4 to H1. My H4 stamping expired by June of 2002. I am told that if I
need to get my new H1 stamping, I have to go back to India and that i cannot
get it done here in US. Would I have to get this stamping done before June
of 2003(One year since my H4 expired) or could i wait till i go to India
next time

Any quick help in this regard would be highly appreciated.


Thanks in Advance.
 
No need to get it stamped..

As long as you stay in the USA and the I-94 attached to the H1 approval notice continues to be the latest I-94 issued to you..you are just fine. There is no deadline to get H4 stamped in one year or more or less.

You will however need to get out of the USA to get a H1 visa stamp. This could be a consulate in your home country or maybe canada/mexico ( viable only if you have a US degree ).

Bottom Line: You can wait until you have to go back to India and then get the H1 stamped.
Make sure that tha H1 I-94 is not expired and that you are working full time and have pay-stubs to back that up.
 
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