H4-H1 stamping in India –New Delhi

M

Mona123

Registered Users (C)
Hi,

I am on H1B visa, got it transformed from H-4 to H-1, in April 2003,my I-94 is getting expired in Jan2004. I am going to India in November on a 2 week vacation and as a result have to get my visa stamp at the American Consulate in Delhi. This will be my first H-1B stamping. I have already have my H-4 stamped.

I have heard that there is a new rule after July 14th, 2003 that every visa candidate has to go thru a mandatory interview at the embassy and its taking more than 5-6 weeks to get the visa stamped. Earlier they used to have a drop-box facility.

Is it correct. Has anyone got the renewal stamped recently?

The problem is that I just have 2 week vacation and if it would take longer, I would be in trouble, also my employer has filled my GC, so it very important for me to come back.
Please share your experience’s regarding First H-1B stamping. Also is there any another way out to get my visa stamp or renew my I-94 ???????.
If I don’t get go to India and my I-94 which is on the PP gets expired then what will happen???? and I don’t get my H-1 stamped, keep on staying in US only.

PLS REPLY URGENTLY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
First off the I94 that came with the H1 approval notice will govern your status now. So you dont have to get a visa stamp to remain in status beyond the h4 I94 expiry date.

If you did not get I94 with the H1 approval, then you have been working illegally. You have to go to a port of entry or local office to fix this(i.e. get a I94 that has H1 in it).

This a personal opinion: Generally H4 to h1 applications are risky. It will be prudent to wait till 485 stage in GC- and use AP which will eliminate the need to get the H1 stamp in the passport and still allow you to travel in and out of US. Once again, this is my personal opinion.
 
Thanks a lot for the reply! I have H-1B visa document with me with I-94 valid until April 2006, the only thing is that it is not stamped on the PP.So I can stay in the country with this new I-94 and H-1B without stamping!

Thanks!!!jaxen
One thing more I wanted to know!
WHat if i leave country and they see the I-94 on my PP expired and new I-94 (valid) not stamped but with me in my H-1 , will that cause nay problem!!!!
:( :( :( :(
 
Hi mona123

I think you are getting confused between the difference in a Visa stamp in your passport and the I-94 validity.

first let me try to explain the process, your stay in the US is defined by the validity of your I-94 (which seems like you have got along with your I-797 approval for H1B).

Once you leave the country (example on a visit to India) you are supposed to return all your I-94 (arrival/departure cards).

Now the relevance of the Visa stamp comes into play if you are entering the country you need to have a valid visa and at the port of entry the officer will look again at your I-797 approval notice(basically validity of it) and give you another I-94.

Now if you continue to stay in US (no issues) you can work as long as you new I-94 (that can with I-797 approval) is valid but once you leave the country you will need to take a new Visa to reflect the change in status.

Also note the new I-94 that you got (or whatever is the last I-94) defines your stay/status...

I hope this kind of clarifies to some extent...
reval_wait
 
hi mona
i guess (after reading your msg),you are presently on H1 status if you visit inda you will have to surrender I94, which is valid till 2006.to reenter US you will need a visa I don't think you can reenter with just a H1 approval,why don't you discuss with an attorney and get H1 stamped in Canada or Mexico.
 
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