H1-B... amendment petition etc...need help

mvbsridhar

New Member
Hello,

I came to the US in 1994 and was on F1 visa till sept 2000. I was under practical training from Sept 2000 to sept 2001. I got my H1B approval notice valid from sept 2001 to Feb 2003 (expiry of passport date). The company screwed up my name and has filed for an amendment to my H1B petition. I expect to receive approval for H1B amendment in mid-april time frame. As of now, I have only the approval notice with the mess-up name (my name incorrectly written). I don\'t have H1-B visa stamping.

I need to leave US for business to Taiwan in the first week of April. I wanted to know what options I have.

1) Either go to Canada/Mexico to get a H1-B stamping done...what are the risks in that? Is the screwup of my name going to matter? Is the fact that an amendment petition has been filed, go against me, for a stamping in Mexico?

2) Go to India, from Taiwan (as I cannot re-enter US without H1B visa stamping), and get a stamping done there...what are the risks in getting that done in Chennai? Is the screwup of my name going to matter? Is the fact that an amendment petition has been filed, go against me, for a stamping in India?

3) Do I need to wait to get the amendment petition approved before I leave US? If so, what happens if I don\'t get the approval notice before April first week, and is there going to be a re-entry problem?

Kindly suggest what is the best option for me.

Thanking you for taking your time to reply to me.

Sridhar
 
My 2c

1. You can try to go to canada/mexico so that you will know whether to wait for the amendment or not. Becoz. you can come back into US even if stamping is rejected with a valid H1 approval.
For the time being, get a letter from the lawyer that the name has been misspelled and submit at whereever that question is asked (Canadian consualte, POE etc.)
 
H1-B... need help....

Hello,

I came to the US in 1994 and was on F1 visa till sept 2000. I was under practical training from Sept 2000 to sept 2001. I got my H1B approval notice valid from sept 2001 to Feb 2003 (expiry of passport date). The company screwed up my name and has filed for an amendment to my H1B petition. I expect to receive approval for H1B amendment in mid-april time frame. As of now, I have only the approval notice with the mess-up name (my name incorrectly written). I don\'t have H1-B visa stamping.

I need to leave US for business to Taiwan in the first week of April. I wanted to know what options I have.

1) Either go to Canada/Mexico to get a H1-B stamping done...what are the risks in that? Is the screwup of my name going to matter? Is the fact that an amendment petition has been filed, go against me, for a stamping in Mexico?

2) Go to India, from Taiwan (as I cannot re-enter US without H1B visa stamping), and get a stamping done there...what are the risks in getting that done in Chennai? Is the screwup of my name going to matter? Is the fact that an amendment petition has been filed, go against me, for a stamping in India?

3) Do I need to wait to get the amendment petition approved before I leave US? If so, what happens if I don\'t get the approval notice before April first week, and is there going to be a re-entry problem?

Kindly suggest what is the best option for me.

Thanking you for taking your time to reply to me.

Sridhar
 
F1 to H1

Hello Sridhar,

My nephew is in a similar situation of having got his H1B status approved sponsored by his current employer, after completing his studies in US on F1. Now he needs a H1B visa to be stamped on his p/p for reentry, when he has to travel out of USA and he\'s pondering on options of Canada/Mexico or India, but is concerned on recent changes by INS on usage of I-94 for reenrty. I would be interested to know how you solved your case. Pls reply to narasis@netzero.net Thanks.
 
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