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H1 Stamping Query

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  • H1 Stamping Query

    Hi, I am currently in the USA on an H4 Visa, valid till 2007. I have applied for my H1 via premium processing and have received my approval for work, starting from Oct 1st 2006.

    I would like to travel to India in August 2006. My question is :

    1. Is it possible for me to re-enter USA on my current valid H4 visa, inspite of H1B approval? Will this create complications at the port of entry?

    2. Do I need to get my passport stamped with H1 before I re-enter?

    a) If yes, would I be able to return to USA in Aug/Sept (thats before the start date of H1 in Oct)?

    b) If my H1 gets rejected in India, would I need to reapply for a fresh H4 before I can return to USA?

    c) Can I go to Canada to get it stamped before I go to India, since I have heard stamping in Canada is easier, with less chances of being rejected?

    Please let me know about the issues and risks involved so that I can take the right decision.

  • #2
    Hi,
    You should get a H1B visa stamped before you re-enter US. You should also check whether your approval states that you require a stamping to commence employment. There is a chance that your H4 might get cancelled if you apply for a h1B visa irrespective of the fact whether your H1B gets issued or not.
    VEENA
    (NOT LEGAL ADVICE)

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