Respected Attorney,
I came to USA on 19th April 2005 with a 10 year validity B1/B2 visa to take my CPA exams. I was given an I-94 for 6 months valid until 18th Oct. 2005.
On August 4th 2005 I found a job with a CPA firm and they applied for my H1 on August 9th 2005. Luckily, I passed the CPA.
On September 30, 2005 the USCIS approved my case and my employer received the Notice of Action alongwith an I-94 at the bottom of it which says “Valid from 10/01/2005 UNTIL 09/30/2008.
My concern is this: Many people from the Law profession told me that when we file a change of status from a B1/B2 Visa to H1 visa it is a tricky situation. The home consulate (Mumbai consulate in my case) usually frowns on this and they might not issue me a stamp when I travel in future to India. They told me I should go to India after 2 years. I will then have more chances of getting the visa stamping. If I go to India in 1 year from now the H1 stamp may be rejected. Is this true? Should I go to India only after 2 years?
Is this thing possible: I plan to go to India before 18th October 2005. I plan to go as if I am leaving the country as a visitor only. My employer will then mail me all documents in FEDEX to India. And then I can go to Mumbai consulate in January 2006 and get the H1 visa. The employer intimated USCIS that the I-129 petition had an error and that the H1 visa was to be issued abroad. It was not a change of status case. But the day we intimated the USCIS, the very next day we got approval notice. Is it possible that when I go to Mumbai consulate in Jan 2006 they will give me H1 visa? I want to apply as if I want to come USA afresh on a H1 visa and not remain here with a change of status to avoid future stamping problems.
Which option would u suggest as the safest? Leaving the country before 18th Oct 2005 and then coming on H1. Or staying back 2 years and then going to India and get the stamping done?
I came to USA on 19th April 2005 with a 10 year validity B1/B2 visa to take my CPA exams. I was given an I-94 for 6 months valid until 18th Oct. 2005.
On August 4th 2005 I found a job with a CPA firm and they applied for my H1 on August 9th 2005. Luckily, I passed the CPA.
On September 30, 2005 the USCIS approved my case and my employer received the Notice of Action alongwith an I-94 at the bottom of it which says “Valid from 10/01/2005 UNTIL 09/30/2008.
My concern is this: Many people from the Law profession told me that when we file a change of status from a B1/B2 Visa to H1 visa it is a tricky situation. The home consulate (Mumbai consulate in my case) usually frowns on this and they might not issue me a stamp when I travel in future to India. They told me I should go to India after 2 years. I will then have more chances of getting the visa stamping. If I go to India in 1 year from now the H1 stamp may be rejected. Is this true? Should I go to India only after 2 years?
Is this thing possible: I plan to go to India before 18th October 2005. I plan to go as if I am leaving the country as a visitor only. My employer will then mail me all documents in FEDEX to India. And then I can go to Mumbai consulate in January 2006 and get the H1 visa. The employer intimated USCIS that the I-129 petition had an error and that the H1 visa was to be issued abroad. It was not a change of status case. But the day we intimated the USCIS, the very next day we got approval notice. Is it possible that when I go to Mumbai consulate in Jan 2006 they will give me H1 visa? I want to apply as if I want to come USA afresh on a H1 visa and not remain here with a change of status to avoid future stamping problems.
Which option would u suggest as the safest? Leaving the country before 18th Oct 2005 and then coming on H1. Or staying back 2 years and then going to India and get the stamping done?