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 Visa Status Question
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Posted on 06-26-11 12:00 PM     Reply [Subscribe]
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 1. My brother came to US on student visa. Now he is in H1B since last year but not stamped yet. His Student Visa will expire after few months. Will it cause any problem?

2. How long can he stay without stamping H1B visa ?

3. Can he renew or transfer H1B without stamping ?

I hope sajha guys have idea about these things.
 
Posted on 06-26-11 12:12 PM     [Snapshot: 11]     Reply [Subscribe]
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1. No problem if your brother's student visa expires. He has a H1 status now. Once he moved to H1,  his student visa is automatically void.
2. He can stay in US as long as he wants without stamping his passport as long as he maintains his H1 status. But if he travels outside of US he needs to make sure that he gets his passport stampped with valid H1 entry visa.
3. He can renew and transfer his H1 without stampping as long has he maintains his h1 status without any problem.

I hope this answers your questions. 


 
Posted on 06-26-11 12:47 PM     [Snapshot: 61]     Reply [Subscribe]
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 Thank you Chappaljutta ji, I hope u have idea about other things related to H1B.
I want to ask few more question. ( Answer from any sajha friend is welcomed)

1 ) How long he will get time to look for new job ( H1b transfer ) if he decides to leave the current job and switch to new job. My question is will he be statusless immediately he leaves the job ?

2) If he wants to change status back to F1 what is the procedure ? I mean do he need to do something from USCIS or go back to nepal for F1 stamping. 

Note: Please remember for 2-3 years he can not go ( its risky ) back to nepal to stamp any non-immigrant visa now since he has immigration pettion pending (family based) 

 
Posted on 07-05-11 11:44 AM     [Snapshot: 309]     Reply [Subscribe]
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waiting for answer from experts. 
 
Posted on 07-05-11 12:14 PM     [Snapshot: 346]     Reply [Subscribe]
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1 ) How long he will get time to look for new job ( H1b transfer ) if he decides to leave the current job and switch to new job. My question is will he be statusless immediately he leaves the job ?

There is no fixed time I know about but I heard from friends its one month duration.

2) If he wants to change status back to F1 what is the procedure ? I mean do he need to do something from USCIS or go back to nepal for F1 stamping. 

H1 to F1 you need to get enroll to school. School will take care of changing your status. I20 will maintain your student status. you donot need to go outside US. Again stamping is only required if you go outside US and come back.

 
Posted on 07-05-11 2:42 PM     [Snapshot: 470]     Reply [Subscribe]
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1 ) How long he will get time to look for new job ( H1b transfer ) if he decides to leave the current job and switch to new job. My question is will he be statusless immediately he leaves the job ?
… There will be absolutely no time for him if he leaves the current job and then start looking for another job. While he is working with current employer, he can start looking for another job and if he gets it, his new employer should apply for H1b petition for him. Only after receiving the H1B application receipt form (not necessarily the approval) from USCIS, he can start working for new employer.

2.) If he wants to change status back to F1 what is the procedure ? I mean do he need to do something from USCIS or go back to nepal for F1 stamping.
…..To go back to F1, again need to apply for university and get I-20. Once he receives I-20, then he can apply to USCIS for change of status from h1b to f1. Remember that he should be working with the current employer during the process.
F1 stamping or h1 stamping is needed only when you go out of US and need to come back. As long as u r in US, no need to think of stamping.

 
Posted on 07-05-11 3:57 PM     [Snapshot: 526]     Reply [Subscribe]
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Thank you Karmayogi and Ark..so much....I want to cearify something.
I am asking this question because I have heard some poeple who have got h1b approval ( generaly in transfer or renewal) stating that  "You have to re-enter to US with stamped before continueing the job" or something like that.... Do you guys have idea about this ? 

In which case they say to go back to your country and come with stamped ?

May be my question stupid... but I hope this makes sense. 

 
Posted on 07-05-11 4:48 PM     [Snapshot: 569]     Reply [Subscribe]
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1. You don't need any stamping if you are in the US. If you go out of the US and want to come back then you need stamping. 
2. Once you change status from F-1 to H-1B then you are on a H1-B status. The F-1 status is void (finished).
3. If you loose your job on H1-B, then you are out of status. Unoffically you are still on H1-B status until you receive you last pay check.
4. If you are looking for a new job, you need to transfer the H1-B before you begin the new job.  
5. Again no stamping is required if you in the USA. Only have to maintain the current Immigration status, if it is F-1 or H1-B
 
Posted on 07-05-11 5:29 PM     [Snapshot: 607]     Reply [Subscribe]
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 What u heard is wrong. 
What u shud have heard is, "In case u r in H1b and went back to Nepal, then you cannot come back with F1 visa even if it is not expired. You shud have ur H1 visa stamped." 

 
Posted on 07-05-11 6:35 PM     [Snapshot: 661]     Reply [Subscribe]
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IT_GUY

when you file for h1 transfer or renew , uscis might approve ur case but won't send you i94 attached. In that case you need leave US and get visa and come with fresh i94. And yes uscis is doing this kind of approval a lot these days, specially if you have gab between job, or if you work for desi craps.
 
Posted on 07-05-11 8:15 PM     [Snapshot: 731]     Reply [Subscribe]
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Thank you Ketama,Ark and meraj !

Actually I was asking about the thing that Meraj mentioned.

There should be any law or rule when USCIS sends H1B approval without I-94. 
In which case they send without I-94 and we need stamping ? 
Like Meraj mentioned " gab between job, or if you work for desi craps"..or anything else ?

Is this just random or some rule is there ?

Thanks in advance

 
Posted on 07-05-11 10:39 PM     [Snapshot: 793]     Reply [Subscribe]
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I am not sure abt the rule , but I am sure they do it on and off. My guess would be if they have a doubt abt your case, they won't simply deny it but would send it without i94 . In that one will have no other option leaving country and comming back again.
 


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