H4 -> H1, Visa validation/stamping, Please help!

[g2m]

I entered US in September 2001 on a H4. My employer converted my visa to H1-B in August 2002, and got a project in December 2002. I do not have a W2 for 2002.

The H4 Visa stamped on the passport expired in October 2002, but my H1-B I-94 is valid till July' 2006.

Is there any time limit within which I should get my H1-B Visa stamped on my passport, or is the I-94 and new I-797 ok for me to stay in the US.

I need to travel to India in a few months, is it safe to get the stamping done in Chennai? How long does it take for the stamping? I can get only 2-3 weeks leave.

Is it safe to go to Canada to get my Visa stamped? Or can I get it stamped in the US itself?

Please help.

Thanks

 

[bhand11683]

1) you can stay on the US as long as your visa is valid

2) you need to get it stamped anytime you go outside USA

3) you cannot get it stamped in USA as you should have a visa of the same kind in your passport to get it revalidated from St louis

4) canada is not safer than india for people who are not landed immigrants and who are first time H1B stampers like you

 

[g2m]

Thank you for your reply.

Everyone talks about VISA. I am a little confused to distinguish the VISA on the passport and the VISA approved (I-797 and I-94). If I understand it correct, VISA in US refers to I-797, I-94. When we talk about VISA outside US, it means the VISA issued on the passport.

It would be great if someone can confirm this or correct me if I am wrong.

 

[nkm-oct23]

Originally posted by g2m
Thank you for your reply.

Everyone talks about VISA. I am a little confused to distinguish the VISA on the passport and the VISA approved (I-797 and I-94). If I understand it correct, VISA in US refers to I-797, I-94. When we talk about VISA outside US, it means the VISA issued on the passport.

It would be great if someone can confirm this or correct me if I am wrong.

Visa allows you to SEEK entry into US until the date of its expiry. Immigration official permits you to stay in US based on your H1 approval (I-797). The period of stay authorized is officially notified to you on I-94.
Visa does not refer to I-797/I-94 anywhere. Both are separate documents serving different purposes.

Since you changed from H4 to H1, you need to go to a US consulate either in India or Canada/Mexico to get a new H1 stamp. You will need this stamp only if you are returning to US after a travel overseas. (Travel to Canada is excluded from visa requirement if you visit Canada for <30 days AND do not apply for a visa there)