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H1B stamping after 10 years, since first visit to home country in F1 (now expired)

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  • H1B stamping after 10 years, since first visit to home country in F1 (now expired)

    I came to US on F1 visa in 2005 which is expired. I have been maintaining legal status through OPT and subsequent H1-Bs, and currently with 140 approved H1B. I'm planning on making a trip to my home country. As long as I have all the documentation with me would there be a reason for refusal or 221g/admin processing based on this scenario?

    I ask this specifically because in my form Ds-160, I put last arrival to US is when I first came to the country. I haven't been back to my home country, and so the length of stay was a large value (10 years). Please help if this is like a red flag!!

  • #2
    Originally posted by mutatis_mutandis View Post
    I came to US on F1 visa in 2005 which is expired. I have been maintaining legal status through OPT and subsequent H1-Bs, and currently with 140 approved H1B. I'm planning on making a trip to my home country. As long as I have all the documentation with me would there be a reason for refusal or 221g/admin processing based on this scenario?

    I ask this specifically because in my form Ds-160, I put last arrival to US is when I first came to the country. I haven't been back to my home country, and so the length of stay was a large value (10 years). Please help if this is like a red flag!!
    I dont think the fact that you have been in US for last 10 Years, without ever going out for new visa stamping, in itself is a red flag. As long as you have been maintaining valid status for last 10 Years and have the documentation for H1 renewal I dont see any issues.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      I dont think the fact that you have been in US for last 10 Years, without ever going out for new visa stamping, in itself is a red flag. As long as you have been maintaining valid status for last 10 Years and have the documentation for H1 renewal I dont see any issues.

      This is my opinion not legal advice.
      Thanks, I have had this confirmed by the legal representative at my company. I was also told by many people that it's better to go to the home country for the first stamping, even if you did your grad-schooling in US. Is that true?

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      • #4
        Originally posted by mutatis_mutandis View Post
        Thanks, I have had this confirmed by the legal representative at my company. I was also told by many people that it's better to go to the home country for the first stamping, even if you did your grad-schooling in US. Is that true?
        I would have generally said yes, but considering you did your college in US and all your experience has been in US, it might make sense to go to a neighboring country.

        I believe the immigration authorities get a general feeling of comfort in approving cases the moment they see a person who has legally been in the US system for long so has a lesser chance of any wrong doing.

        This is my opinion not legal advice.

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