Rich31

Hello everyone,

I have recently been granted H1B status. I am currently in the US, working in SAn Diego under a J1 visa. I have been told that I have been awared H1B visa status, but obviously I have not been given an H1B visa in my passport.

Apparently, if I leave the US during the period of my H1B, I must obtain an H1B visa in my passport to re-enter the states.

Can someone verify that this is correct? I am looking to return home at Christmas to visit my family and need to be planning what I will do if I have to visit the Embassy in London.

Thanks!

AdobePinon

That is correct. You need valid status to be in the country, and a valid visa to cross the border into the US. Put another way, if your status is valid, then you don't need a visa unless you leave the US and then wish to come back. And if you do that, you need a visa that matches your status.

E Kinney

"Rich31" <[email protected]> wrote in message
news:[email protected] m...
|
| Hello everyone,
|
| I have recently been granted H1B status.

Why do you say that?


I am currently in the US,
| working in SAn Diego under a J1 visa.

If you are working as a J1 then you have the J1 status.

I have been told that I have been awared H1B visa status,

Again, what made you think you have been awarded the H1B status?



| but obviously I have not been given an H1B visa
| in my passport.
|
| Apparently, if I leave the US during the period of my H1B, I must obtain
| an H1B visa in my passport to re-enter the states.

If you want to enter the US in order to work under the H1B status and you
are from a country that needs a visa to work in the US, then you need to
have an H1B visa in addition to a valid passport in order to be able to
apply at the POE for admission into the US.

|
| Can someone verify that this is correct? I am looking to return home at
| Christmas to visit my family and need to be planning what I will do if I
| have to visit the Embassy in London.
|
| Thanks!
|
| --
|

Joe Feise

Rich31 wrote on 08/21/07 19:59:

> Hello everyone,
>
> I have recently been granted H1B status. I am currently in the US,
> working in SAn Diego under a J1 visa. I have been told that I have been
> awared H1B visa status, but obviously I have not been given an H1B visa
> in my passport.


You can only have one status at a time. So, you either are in H1 status or in J1
status. The status you are in is specified on the I-94. The H1 approval notice
should have an I-94 at the bottom. If so, you are in H1 status from the start
date of that I-94. Until then, you are in whatever status you are currently in.

> Apparently, if I leave the US during the period of my H1B, I must obtain
> an H1B visa in my passport to re-enter the states.


Yes. A visa is an entry document. You use a visa, in this case an H-1B visa, to
apply for entry into a specific status, in this case H-1B status.
Once admitted into the US, the visa is irrelevant. The status is determined by
the I-94, and the duration of the allowed stay is determined by the date listed
on the I-94.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

Rich31

Thanks for the useful information guy. A big help!

I am returning to the UK for Christmas, so I will get myself an interview booked in London.

My next question is:

Does anyone know how long after a successful interview for an H1B visa it will take to get my passport back with the visa inside?

Rich31

In answer to E Kinney....

I made an application for an H1B visa in April of this year and I was successful. I am currently working as an intern in San Diego under a J1 visa. My employer agreed to sponsor me for an H1B Visa for continued employment in his company.

My J1 expires on October 16th 2007. My H1B will supersede the J1, kicking-in at the beginning of October. My visa status will change from J1 to H1B at that time. I will loose my J1 visa status, but I will not have an actual H1B visa in my passport, simply H1B status.

If I leave the country once my visa status has changed I will need to acquire an H1B visa before I can return.

Hope this clears things up!

J. J. Farrell

On Aug 23, 9:02 pm, Rich31 <[email protected]> wrote:
>
> I am returning to the UK for Christmas, so I will get myself an
> interview booked in London.

Be aware that the interview has to be booked from within the UK, and
there can often be several weeks between booking and the first
available appointment. Someone in the UK can book one on your behalf,
but I believe the information they'll be asked for is not the same as
the list on the Consulate's web site.

> Does anyone know how long after a successful interview for an H1B visa
> it will take to get my passport back with the visa inside?

The website gives a target figure, something like 5 working days. In
practice they've been reliably quicker than that in recent months,
usually within a couple of days.

Rich31

I visited the US embassy in London's website. They provide a number you can call from within the US to get visa information and to arrange a visa interview. They charge wayyyyyy too much for the call $16.00 for 7 minutes but it would be easier than trying to get my family to arrange it for me. I have all the facts and I know all about my visa.

Thanks for the info everyone!

E Kinney

"Rich31" <[email protected]> wrote in message
news:[email protected] m...
|
|
| In answer to E Kinney....
|
| I made an application for an H1B visa in April of this year and I was
| successful. I am currently working as an intern in San Diego under a J1
| visa. My employer agreed to sponsor me for an H1B Visa for continued
| employment in his company.
|
| My J1 expires on October 16th 2007. My H1B will supersede the J1, kicking-
| in at the beginning of October. My visa status will change from J1 to
| H1B at that time. I will loose my J1 visa status, but I will not have an
| actual H1B visa in my passport, simply H1B status.

You still don't have the H1B status until you start complying with the
conditions of your H1B petition. You just have an approval right now to
proceed and change from J1 to H1B at the specified start date authorized.

|
| If I leave the country once my visa status has changed I will need to
| acquire an H1B visa before I can return.

That's basically what I did tell you before in response to your original
question, didn't I?


|
| Hope this clears things up!
|
| --
|

J. J. Farrell

On Aug 24, 4:55 am, Rich31 <[email protected]> wrote:
> > On Aug 23, 9:02 pm, Rich31 <[email protected]> wrote:
>
> > > I am returning to the UK for Christmas, so I will get myself an
> > > interview booked in London.
>
> > Be aware that the interview has to be booked from within the UK, and
> > there can often be several weeks between booking and the first
> > available appointment. Someone in the UK can book one on your behalf,
> > but I believe the information they'll be asked for is not the same as
> > the list on the Consulate's web site.
>
> > > Does anyone know how long after a successful interview for an H1B
> > > visa
> > > it will take to get my passport back with the visa inside?
>
> > The website gives a target figure, something like 5 working days. In
> > practice they've been reliably quicker than that in recent months,
> > usually within a couple of days.
>
> I visited the US embassy in London's website. They provide a number you
> can call from within the US to get visa information and to arrange a
> visa interview. They charge wayyyyyy too much for the call $16.00 for 7
> minutes but it would be easier than trying to get my family to
> arrange it for me. I have all the facts and I know all about my visa.

The USA number is new, and a great step forward. This will make visits
to the UK a lot more straightforward for people in the USA who need a
new visa.