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H1B petition approved - Do I need a visa or can I use my old (but still valid) F1 vis

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  • H1B petition approved - Do I need a visa or can I use my old (but still valid) F1 vis

    Hello,

    I had a F1 student. The F1 visa in my passport actually does not expire before 2013 or so. I am now working and got my H1B petition approved. I have the I-797 A notice of approval with me with the new I-94 attached. I am still in the United States. I never left since I applied for H1B.

    I read somewhere that I had to file a form No. 156 to get a H1B visa in my passport and be able to travel internationally.

    Is this true even though technically, my old F1 visa says 2013? Do I have to get a new visa?

    If so, how can I apply while in the US? I tried to fill out the online form 156 and could not. The first question is about your current location. They only list foreign countries. Should I select my country of citizenship even though it is not where I currently live?

    Thanks for your help.

  • #2
    Hello,

    I had a F1 student. The F1 visa in my passport actually does not expire before 2013 or so. I am now working and got my H1B petition approved. I have the I-797 A notice of approval with me with the new I-94 attached. I am still in the United States. I never left since I applied for H1B.

    I read somewhere that I had to file a form No. 156 to get a H1B visa in my passport and be able to travel internationally.

    Is this true even though technically, my old F1 visa says 2013? Do I have to get a new visa?

    If so, how can I apply while in the US? I tried to fill out the online form 156 and could not. The first question is about your current location. They only list foreign countries. Should I select my country of citizenship even though it is not where I currently live?

    Thanks for your help.

    Comment


    • #3
      You need a visa....duh....leave MY country, you need a visa....of course, I wonder why you didn't return to your third world country after your studies, as you stated during your student visa interview....let me guess....lying runs rampant in your family....

      Comment


      • #4
        another ''student'' ha ha ha

        Comment


        • #5
          YOu need a valid unexpired H-1B visa and approved petition.

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by M_b:
            Hello,

            I had a F1 student. The F1 visa in my passport actually does not expire before 2013 or so. I am now working and got my H1B petition approved. I have the I-797 A notice of approval with me with the new I-94 attached. I am still in the United States. I never left since I applied for H1B.

            I read somewhere that I had to file a form No. 156 to get a H1B visa in my passport and be able to travel internationally.

            Is this true even though technically, my old F1 visa says 2013? Do I have to get a new visa?

            If so, how can I apply while in the US? I tried to fill out the online form 156 and could not. The first question is about your current location. They only list foreign countries. Should I select my country of citizenship even though it is not where I currently live?

            Thanks for your help. </div></BLOCKQUOTE>

            You can't apply for H-1 Visa from within US if you are not admitted with the same. Only those who are admitted with H visa can send passports for H visa stamping without leaving US. You must now depart US and apply from abroad if you want to get a valid visa to re-enter US. You may need to go back to your country of origin and apply for H Visa. Whatever other visa you have in your passport and regardless of it's expiration date is not applicable to your H status and can't be used to re-enter as H worker in future (perhaps you also automatically forfeited your F visa eligibility by applying for a dual intention visa).

            The above is NOT a legal advise. I am a dilettante in immigration law (so are most others who post on public forums). Consult immigration attorney for professional assitance.
            http://www.anbsoft.com/images/usflag_med.jpg

            "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

            Comment


            • #7
              You cannot reenter the United States with an F-1 visa if you're not entering the country as a foreign student. A new immigration status requires a NEW VISA for reentry.

              If you're no longer an F-1 student, your F-1 visa is canceled, regardless of the expiration date stamped in your passport.

              Comment


              • #8
                You are currently in valid H-1B status. The F-1 visa in the passport no longer applies. You are not required to leave to get a visa, either.

                However, you will need to get a visa if you decide you want to leave the U.S. for a trip and need to re-enter the U.S.

                Comment

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