H1 Apprved but attorney says have to visit india for stamping

[rakesh_2175]

Hi all,

I applied for my H1 visa April 2015 and in my i went to India for my marriage on April 22 2015 and when i was in India my H1B was picked in lottery. i came back to states in may 16 2015 and in June my h1 got approved. Now my Attorney says i have to visit India for stamping as i was not in states when my H1b lottery was picked up. Please advice me what i have to do now.


Thanks,
Rakesh

[shervin143]

You have to do exactly what your employer is suggesting. Either you will need to leave the country, get the H1B visa stamped and return back using the H1B visa after Oct 1st or your employer will need to file a COS from your existing status to H1B again, which will cost them money.