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Road Warrior in H-1B trouble

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  • Road Warrior in H-1B trouble

    I've read some horror stories of people being sent back to their home countries from Canada when trying to get their passports stamped with an H-1B visa. I also heard some cases of people being stuck in their home countries for months due to the increase in security checks at the foreign US Consulates. My H-1B was petitioned some weeks ago and is still under study because I applied for an extension of a B2 prior to the H-1B petition. INS says I must have approval of the B2 extension before they change my status to H-1B. My lawyer said one option is to go to my home country and get the passport stamped...but from what I've heard this may turn into another horror story. My job requires me to travel frequently and re-enter the US. Which one is worse ? Not having the stamp on the passport and showing all the documents that prove your H-1B status or taking all chances with the now infamous stamp ?

  • #2
    I've read some horror stories of people being sent back to their home countries from Canada when trying to get their passports stamped with an H-1B visa. I also heard some cases of people being stuck in their home countries for months due to the increase in security checks at the foreign US Consulates. My H-1B was petitioned some weeks ago and is still under study because I applied for an extension of a B2 prior to the H-1B petition. INS says I must have approval of the B2 extension before they change my status to H-1B. My lawyer said one option is to go to my home country and get the passport stamped...but from what I've heard this may turn into another horror story. My job requires me to travel frequently and re-enter the US. Which one is worse ? Not having the stamp on the passport and showing all the documents that prove your H-1B status or taking all chances with the now infamous stamp ?

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    • #3
      Either way u will have to go home to pick up ure visa in ure home country. When ure B2 extension is approved (doubtful) they may ask u to pick up your visa in ure home country since u have stayed past ure allowable stay as stated in ure I94.
      If it's denied (most likely) u will be asked to go home and if ure H1b is approved u will have to pick up ure visa in ure home country.
      Filing an extension of B2 does not guarantee a lawful stay after ure allowed stay (I94.

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      • #4
        Thank you for your reply istar. My application for B2 extension was filed 20 days before my I-94 expired. So I did not overstay. A pending I539 status is not illegal and your argument for saying my extension will be denied is not valid. The reason why I applied for an extension was to undergo a medical treatment I cannot get in my home country and I provided medical letters and evidence this is true. Now with the new job I may be able to cut down its cost. My lawyer said I will have to get the stamp on the passport the first time I travel (anyways) and it does not have to be my home country. It can be any US Consulate overseas. B2 extensions are denied when there is a criminal background report issued from your home country's US Consulate. Criminals and law violators are sent back to their countries. I am not a criminal and I have not violated the rules of this country in any way. The question I would like to get an answer from is whether the H-1B visa stamp on your passport is mandatory and if there is a way to speed up this process overseas.

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        • #5
          Traveler, I understand u are sick and maybe getting in a tissy about my reply might make it worst.......
          Nobody accused u of anything. I see u can communicate very well in English however u probably assumed that everyone who posts in this discussion board have E.S.Q. after their last names...............
          By the way it's an opinion and not professional at that. U can take it as it is. AND GET OVER IT!!!
          You probably need some mental evaluation too. I wonder if ur boss knows this is how u deal with comments u do not want to hear.

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          • #6
            Traveler, if you travel and come back here without any problem,please give a call! I'm on H1B, married to a GC holder nad not dare to go back with him and have a real wedding with a family, because of the INS and not be separeted from him.Regards!

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            • #7
              this is for istar: you are not helping, if you don't know the answer then just shut up.

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              • #8
                Jack,

                do u know the answer? if u don't u can shut ur big mouth as well.
                if u do then post a real answer........... I hope u have the ESQ initials after ur name so we know ure answer is reliable.

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                • #9
                  Crap! B-2 extensions are not granted any more, H-1B petitions may be approved, but again one will need to go back to his home country to get an H-1B visa. It's crazy to think the INS will grant change of status from B-2 to H-1B when that B-2 is not even effective any more -- it would have to be the INS to first grant the B-2 extention, and then this very same INS that would have to change visa status from B-2 to H-1B -- hey, they're not your friends!!!

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                  • #10
                    B1/B2 can be extended with exceptional circumstances. It willbe not in the favour of you if you are prolonging time and looking the way to adjust to H1B. Alien has to go back to stamp the H1B in his home country,s consulate. it is necessary. No more fight..

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                    • #11
                      I agree with most of you. The fact is I have to get my passport stamped sooner or later. But in order for that to happen I need the I-797 approval notice. They don't want to respond to the I-129 petition until they know my extension was approved. Let's say it's denied, for the sake of argument. Will that deny the I-129 petition (H-1B)? Why do they want to wait for a positive or negative outcome of my extension if in the worst case scenario (denied) I'll have to go to my country's US Consulate and stamp it there ? The real problem is INS will take more than 12 weeks to respond to an extension. Please correct me if I'm wrong.

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