Vacation to India

G

GIdoc

New Member
My Conrad 30 waiver has been approved from the state and has now gone to the Dept of State. My lawyer says that my H1 should be issued by May, 07. I have vacation from my fellowship saved so that I wanted to leave in Mid-May and go to India and return in the first week of July to start work. I wanted to get my H1 stamped in India. But my lawyer says that it would be safer for me to wait till July 1 in in the US and then to go to India because by then I would have transitioned to h1 here in the US. I don't see myself breaking any rules by going for vacation in May/June and getting it stamped there and returning with the H1. Is she being over-cautious?? Thanks.
 
You are not breaking any rules, but subjecting yourself to the whims and fancies of the immigration officials in India. Be prepared to show them evidence of "intent not to immigrate".
 
you can either opt for having your H1B petition sent to the consulate or change of status. if you opt for change of status, you have to remain in the country until status has been changed. if you opt for your H1B petition sent to the consulate, then you can wait in India until it is approved and apply for a H1B visa to re-enter. there is no problem with except the discomfort some people feel in applying for a visa at the consulate.
 
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