h1b stamping

[vivekrao1985]

Hey everyone,

I did my masters here in the US and started working for a client through a consulting company. They are processing my H1B via premium processing and a decision should be made in the next week or 2. I plan to go to India in March.

My question is, if I get my H1B now, is there a risk that it might not be stamped when I go? Can I re-enter the country on my OPT/F1 status in case the stamping is rejected?

Thanks,
Vivek

[shervin143]

Do you already have a H1B? The CAP for 2012 is already closed. Once an H1B petition gets approved, you are no longer in F1/OPT and you cannot return in OPT.

[vivekrao1985]

Yes, I made the cap. They applied through normal processing and then upgraded to premium when I told them about my plans.

But what's the risk that it wont be stamped? I thought that stamping is just a formality. But I've been reading posts online that it's become a big headache if you're working as a consultant. Is this true?

[shervin143]

If you carry all the required documents and if your employer is following all the H1B regulations, then there will be no issues with stamping. Search and read the posts on 221g or admin processing to learn why visa applications get put on administrative processing.

Yes, I made the cap. They applied through normal processing and then upgraded to premium when I told them about my plans.

But what's the risk that it wont be stamped? I thought that stamping is just a formality. But I've been reading posts online that it's become a big headache if you're working as a consultant. Is this true?