H1 stamping - Urgent info needed

[mkgirl]

Hi
In the event of H1 visa getting approved, how soon should I leave the country to get the visa stamped. I was wondering if I can delay the stamping since I have my EAD active till 2012 August, or is it mandatory that I have to get the visa stamped in a US consulate outside the United States immediately.

Thanks

 

[ginnu]

Hi
In the event of H1 visa getting approved, how soon should I leave the country to get the visa stamped. I was wondering if I can delay the stamping since I have my EAD active till 2012 August, or is it mandatory that I have to get the visa stamped in a US consulate outside the United States immediately.

Thanks

more info needed:
is that H1 Extension?
is your EAD based on Primary I-485 or derivative I-485?
provide the details

 

[mkgirl]

Reply

Thanks for the response.

more info needed :
is that H1 Extension? No this is my first H1B visa through my employer
is your EAD based on Primary I-485 or derivative I-485? I am the dependent in the 485 petition, my husband is the primary. His company is sponsoring the GC.
Since its taking too long, I want to have my H1 as a safety net.

provide the details

 

[ginnu]

Thanks for the response.

more info needed :
is that H1 Extension? No this is my first H1B visa through my employer
is your EAD based on Primary I-485 or derivative I-485? I am the dependent in the 485 petition, my husband is the primary. His company is sponsoring the GC.
Since its taking too long, I want to have my H1 as a safety net.

provide the details

Have you used EAD for work?
are you on H4 status?
Has Employer filed H1 for you?
is that Fresh H1 or Lawyer filed H4 to H1 Change of status?
you need to provide full details don't wait for Questions from others. if you provide your full case details then one can give opinion.

 

[mkgirl]

I came to US in H4 and then got EAD and started working. Now want my own H1B which I have filed now through my company attorney.
Now I want to know how soon should I get my H1 approval stamped outside US ?

 

[ginnu]

I came to US in H4 and then got EAD and started working. Now want my own H1B which I have filed now through my company attorney.
Now I want to know how soon should I get my H1 approval stamped outside US
?
*** It depends on when you get H1 approval notice and when you want to start job of H1. if you want to start job on H1 immediately After H1 gets approved then go out get H1 visa stamp and enter US on H1 and start working on H1

you came to US on H4 and then used EAD for work and you were not on H4 status after use of EAD for work. If your H1 gets approved and your employer gets approval notice and has job for you and will pay you then you can go out of US get H1 visa stamped and enter on H1 status. Keep your Valid AP with you when you go out of US for Visa stamping so that if any problem in Visa stamping you can use AP for entry to US.

 

[mkgirl]

Reply

Hi
Thanks for the reply. But the problem I just went to India and really have a budget constraint to go again.So I want to know if its mandatory to go immediately or I can delay the stamping and keep working after the approval and get it stamped in 2011 end or 2012 ?

This is that a possibility ?

 

[ginnu]

Hi
Thanks for the reply. But the problem I just went to India and really have a budget constraint to go again.

So I want to know if its mandatory to go immediately or I can delay the stamping and keep working after the approval and get it stamped in 2011 end or 2012 ?
------- to work on H1 you need to be on H1 status with H1 based I-94. with just H1 approval notice without H1 based I-94 you cant work on H1 status. You will not get I-94 with your H1 approval notice because your H1 was not filed H4 to H1 Change of status. You were not on H4 as you used EAD that is the reason employer or lawyer could not file H4 to H1 COS. you need to go out of US get H1 visa stamp and then get H1 based I-94 then you can work on H1 status.
This is that a possibility ?

-----------------------