Query about H1

[nawab35]

Hello experts. I have an H1B approved(but not stamped) till the year end(2013) but I have not been able to travel on that. Instead I am on H4 visa right now. Is it possible to extend the H1 visa if I wish to do so without exiting US?

[raghvi]

Hello experts. I have an H1B approved(but not stamped) till the year end(2013) but I have not been able to travel on that. Instead I am on H4 visa right now. Is it possible to extend the H1 visa if I wish to do so without exiting US?

Do you have an employer willing to employ you?

You cant get a new visa while being in US . Visas are granted at consulates abroad. Further, visa is for the purpose for entering US only.

Since you are already cap cunted if you have an employer who is willing to take you on their payroll they can port your H1 and file a new cap exempt petition. Best if you should start working for them only after petition is approved. As and when you leave US you get H1 stamped using that petition and return on H1.

This is my opinion not legal advice.

[nawab35]

Do you have an employer willing to employ you?

You cant get a new visa while being in US . Visas are granted at consulates abroad. Further, visa is for the purpose for entering US only.

Since you are already cap cunted if you have an employer who is willing to take you on their payroll they can port your H1 and file a new cap exempt petition. Best if you should start working for them only after petition is approved. As and when you leave US you get H1 stamped using that petition and return on H1.

This is my opinion not legal advice.

So, what you mean is that if H1 is not stamped outside US, then even if you are on H4, you cannot get a change of status. Did I interpret you correctly?

Essentially for change of status, a person should have both visas(H4 and H1) on the passport to be eligible for a change of status. Please clarify.

Yes, this is said assuming there is an employer willing to employ me.

[raghvi]

So, what you mean is that if H1 is not stamped outside US, then even if you are on H4, you cannot get a change of status. Did I interpret you correctly?

Essentially for change of status, a person should have both visas(H4 and H1) on the passport to be eligible for a change of status. Please clarify.

Yes, this is said assuming there is an employer willing to employ me.

I am afraid you interpreted my response incorrectly. What I meant is Yes you surely can move to H1 but you cant get H1 stamping in US. Getting H1 stamped in passport and moving to H1 Status are two different things. One can be in H1 status without having a H1 stamped in the passport.

This is my opinion not legal advice.

[nawab35]

I am afraid you interpreted my response incorrectly. What I meant is Yes you surely can move to H1 but you cant get H1 stamping in US. Getting H1 stamped in passport and moving to H1 Status are two different things. One can be in H1 status without having a H1 stamped in the passport.

This is my opinion not legal advice.

Ok. Sorry for the mis-interpretation from my side. I thought that having H1 status means having H1 stamped on the passport. So you mean that the passport would still have the H4 stamped and the next time I visit my home country, I can get the stamping done?

[raghvi]

Ok. Sorry for the mis-interpretation from my side. I thought that having H1 status means having H1 stamped on the passport. So you mean that the passport would still have the H4 stamped and the next time I visit my home country, I can get the stamping done?

Yes if you have an approved petition (which should be filed by your new employer).

This is my opinion not legal advice.

[nawab35]

Yes if you have an approved petition (which should be filed by your new employer).

This is my opinion not legal advice.

Thanks