F1 expired- H1B questions

N

nicesmilingguy

Registered Users (C)
I came to the US on a student visa and I was on the OPT(Optional Practical Training) period which has expired now.I have found a job here now in which the employer is ready to sponsor me for H1B visa. I have come to know that since I have become out of status, I will need to go out of US for getting my H1B stamped.I was wondering if someone here has had a similar experience. I have the following questions:
1. I am an Indian national. Can I also go to a neighboring country like Mexico or Canada to get my papers stamped. If yes, under what visa/pretext can I go to those countries
2. If I leave the US for getting my papers stamped, what are the chances of a person being denied the visa for an entry back into the US
3. What certificates and evidence/proof is expected to be shown to the authorities for H1B. In specific, will I need an experience certificate from all the employers that I have worked for.

Thanks.
 
answers

1.yes U can
2. With a US degree not much. Depends on how long ago OPT expired. Some still maintain that there is a 60 day grace period.
3. see ttsvisas.com for details of typical list (i129, LCA, h1 approval, degree certs, lr from current employer, copy of contract and resume are essential). No proof of prev exp. unless it looks suscipicious.
 
Thanks.
You have said that I can go to Mexico/Canada to get my papers stamped. Under what pretext or visa will I go there. Also I have learnt from another source that I can't go to TCN(Mexico/Canada) for H1B stamping because I have become out of status. There is a conflict here so please let me know how sure you are of what you have said.
Actually I have exhausted the 60 day grace period also.This is my third month running since my OPT expired. Do you think that would cause a problem for H1B approval. Can they penalise me for overstaying by denying me reentry once I leave the US. Do u know someone who was in a similar situation?
 
Visitor visa - to get h1 stamp- Tell the truth. And if you have your I94 alongwith the H1 approval getting the visitors visa should not be a problem.

There is a chance of consular officer noodling your out of status days though.
 
if it says so...

nothing can be done. My point is that you have A h1 I94, Then you should be able to get the stamp. But be prepared for the contingency of going to home country...
 
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