If Company Apply for Green Card Do I Have to Get H1b Stamping Again

Don't starting time packing your numberless once USCIS approves your H-1B visa. To get entry into the country, you need to go through the H-1B visa stamping process. Getting the H-1b visa stamp means the authorities endorses your visa. In that location is an unabridged process to get an H-1B visa postage stamp including an interview, forms, photos, and other H-1b documents for stamping.

H-1B Visa Stamping Process

1. H-1B Visa Application Form DS-160

• Form DS-160 can but be completed online at the Department of State.
• A ten-digit barcode will announced on the confirmation form. Exist sure to print the confirmation form and save it for time to come utilize. This will be necessary for the scheduled interview.

ii. Submit Awarding Payment and Schedule the H-1B Visa Appointment

Subsequently paying the required fees, the foreign professional person must schedule two appointments. I volition be with the Offsite Facilitation Center, and the other will exist with the consulate or embassy. The Visa Application Heart (VAC) obligates the strange professional to schedule an H-1B visa appointment at to the lowest degree two days earlier the scheduled interview with the consulate/embassy. In addition, VAC requires a strange professional person to provide biometrics information.

• There's an H-1B awarding fee. USCIS processes it electronically.
• Create a user profile with the U.S. Visa Service website to secure payment approval. Select 'Schedule Appointment.' A payment confirmation page should announced. This page will allow the applicant to select the best-fitted payment data for the individual. The payment is only valid for a year, so it is essential to schedule the H-1B visa appointment within that time.

iii. The H-1B Visa Interview

Go to the indicated consulate for the interview. Present all the post-obit documents:

• Current and expired passports
• Photograph
  • Information technology must be a square photo.
  • Dimensions: minimum of 600 pixels past 600 pixels, maximum of 1200 pixels by 1200 pixels.
  • Exist in colour
  • JPEG format
  • The size of the photograph cannot be more than 240 kilobytes.
• DS-160 Visa Application confirmation page with VAC postage.
• Visa application receipt
• Petition related documents
• Date Letter of the alphabet
• Any supplementary documentation
• Original H-1B visa approving find (1-797 Form)
• H-1B classification supplement class
• Labor Status Application (LCA) for H-1B & H-1B1 nonimmigrant
• Employment verification letter.
• Payslips for at least iii months (if you were working on H1B)
• Monthly bank statements (last three months)

H-1B Documents for Stamping

The all-time way to ensure yous become the H-1B visa stamp is to go all your documents in order for submission and the interview. While information technology's normal to only include what's required, in that location are some H-1b documents for stamping that nosotros recommend y'all bring with you even if USCIS does not require it.

Information technology is healthy to take the following documents with you as USCIS might need them even if they don't crave them:

• A copy of your resume or CV
• A alphabetic character from your current employer
• A company description
• Documents of company projects
• H-1B approval from your previous employer (if applicable)
• 1-797 A, B, or C

Educational Documents for H-1B Stamping

Make sure to bring these documents to your H-1B visa interview:

• Official diploma certificate, degree, or both
• Official transcripts from your undergraduate or official graduate universities
• Original I-20s forms, if you have a degree from the U.S.
• OPT or EAD card, if applicable

U.S. Government Documents for H-1B Stamping

Bring the following documents as applicable to you:

• Client letter of the alphabet
• Driver's license
• Social security menu
• West-2 taxation forms received in the last 2 years
• 1040 tax returns

Personal Documents

The personal documents yous need volition depend on your particular case. If you already live in the U.S., bring copies of your utility bills and rental agreement. If you are unsure which certificate to take along, speak with your clearing attorney. For your application to exist successful, you must bring all the relevant documents to the interview.

Documents for Spouse and Dependent Children

Applicants who intend to apply for an H-4 visa for their spouse and dependent children should bring:

• The original notice of action course I-797 of the master applicant
• The I-129 of the main applicant. If the I-797 is a blanket permit, bring a copy of the I-797 and I-129.
• A photocopy of the principal applicant's valid visa if you are applying separately
• The original spousal relationship certificate and whatever evidence that can prove the union such as a wedding photo album
• Original nativity document for each child.

Inquire at the U.Southward. consulate in your country about which documents you demand, as the list might be unlike in each country. Earlier going in for your interview, make sure you are well prepared. Have all relevant documents with yous and be prepare to answer all questions confidently and honestly.

H-1B Visa Stamping FAQ

What is the maximum amount of time I tin can stay in the United states of america with an H-1B visa?

The H-1B visa typically has a maximum validity period of six years. It is initially issued for three years, depending on the contract between the foreign professional and the employer. However, afterward the get-go three years, the strange professional may obtain an additional three years if USCIS grants an H-1B visa extension.

Generally, the full validity flow for an H-1B visa is half-dozen years. However, if you lot want to proceed living in the United States, you have the opportunity to apply for a green carte, provided you lot run across the requirements. An H-1B visa holder who has commenced their green card application process may extend his stay in the U.South. for more than six years.

In addition, if you spent a considerable amount of fourth dimension outside the U.S. during your H-1B stay, you lot may exist able to recapture that time spent abroad by requesting information technology from the USCIS when you lot file your extension.

When can I enter the U.Due south. with my H-1B visa?

Afterward you get your H-1B visa stamped, you tin can enter the U.S. only ten days before you kickoff working. U.S. clearing will non allow you to enter the land earlier than that. Then put that time frame in mind when yous book your flight.

My employer is petitioning for my H-1B visa, but I was previously a dependent H-four visa holder. Does the fourth dimension spent on the H-4 transfer to the time allotted on the new H-1B visa?

No, because they are two different subcategories of visas. The H-four will not impact the time given for the new H-1B visa.

I had an H-1B petition in the past, but I did not become through the H-1B visa stamping process. Is my H-1B all the same legitimate?

For the H-1B visa petition to still be valid, the I-797 and job offer must remain current. The expiration of the I-797 may discontinue the H-1B petition. The employer tin can submit a request to withdraw your petition resulting in having your visa revoked.

My employer only told me that I am going to be laid off. Is there a grace period for me?

The curt answer is: yes. In the past, no grace menses existed for H-1B holders who suddenly constitute themselves without a chore. They would need to leave the country and get through the H-1B stamping process all over once again.

Now, with the new Final Rule in place, a threescore-day grace period extends from the moment you stop working for your sponsoring employer. This grace period gives H-1B holders an opportunity tin can find a new job, transfer their status to another visa class (such as an L-1 visa) or make preparations to exit the land.

Can my H-four spouse piece of work in the U.Due south.?

Yes. As of the new rule released by the Department of Homeland Security in 2015, H-1B spouses and dependents on H-4 status can apply for Employment Authorization Documents if eligible and if you, the principal holder, accept an approved I-140 immigrant petition with the USCIS.

However, your spouse or dependent's H-4 status is only valid as long as your condition is valid. Too, if USCIS revokes your I-140, your H-four spouse or dependent can't renew their EAD.

Is information technology better to change my status or use consular processing for H-1B stamping?

The answer to this question depends on your electric current status. If you are in the U.Southward. nether a different nonimmigrant status, then it is usually preferable and cheaper to have your status adapted to H-1B at the beginning of your employment. All the same, if you are currently outside the U.S., so you will have to travel to a U.S. consulate or embassy to obtain your H-1B visa.

However, if you are currently outside the U.S., then you will have to travel to a U.S. consulate or embassy to obtain your H-1B visa.

What is the easiest mode to go my first H-1B visa stamped if I am already in the U.Due south.?

If yous are already in the U.S. and want to get through offset-fourth dimension H-1B stamping with as little hassle as possible, you may wish to return to your home country for that purpose. This removes many of the risks and ruby-red-record posed by any other pick while allowing you lot to have your interview in a familiar and more than comfortable setting. You can get your visa stamped at the U.S consulate in a neighboring country to the U.S., but that involves more than take chances and processes. That's why it tin can sometimes be easier for you to go to your dwelling country to practice it.

What if USCIS rejects my H-1B visa?

If your USCIS rejects your H-1B visa at stamping, you will non be immune to enter the United States. USCIS can pass up your H-1B awarding for different reasons including issues with fees, documentation, or fraud suspicion. If it is a fee or documentation issue, you lot should endeavor to reapply and get an H-1B visa appointment again. Before doing this, obtain adequate information from the U.South. embassy, and make certain that y'all accept the boosted documents they request for this time around. You should also consult with your chaser on proceeding with the application procedure to meliorate your chances of approval.

How can I get my H-1B visa re-stamped?

Your H-1B visa will be valid for a maximum of six years. If it expires and USCIS approves your new i, yous tin can get it re-stamped. Just follow the same procedures as when you first practical for the stamping, except that the U.S. consulate may ask for some additional documents.

Can premium processing help my instance?

Commonly, premium processing is a service that just speeds up the time it takes for the USCIS to process your I-129 petition. It does not increment your chances of beingness selected in the lottery nor does it brand you cap-exempt. It too does not guarantee that USCIS will approve during the H-1B visa stamping process.

However, there are times when the USCIS volition suspend premium processing to give preference to long-neglected petitions. This is truthful for all H-1B petitions during the 2017-2018 season.

What is the current status of H-1B stamping in India?

The H-1B stamping process in India is non different than any other country. Withal, the pandemic has made situations different for embassies and consulates around the country.

One pandemic-related change is that the in-person interview is waived for certain H-1B petitioners through the finish of 2022. The eligibility requirements for waiving H-1B stamping interview in India are:

• first-time applicant
• Applying for a visa equally an Indian resident
• Never been denied a visa (exceptions are made if the denial was reversed or waived)
• Previously visited the United states of america with authorization through the Electronic Arrangement for Travel Authorization (ESTA)

If yous're non eligible for a waiver, the U.S. Embassy in India highlights that appointment demands are high and wait times are lengthy due to staff shortages. The following are the date wait time as of Apr 2022 for H-1B stamping in India:

• Chennai Consulate: 70 calendar days
• Hyderabad Consulate: seventy agenda days
• Kolkata Consulate: 71 calendar days
• Mumbai Consulate: three calendar days
• New Delhi Embassy: 278 calendar days

Thes times don't include whatsoever administrative processing that specific applications may need.

How An H-1B Stamping Lawyer Can Help

VisaNation Constabulary Grouping'south H-1B visa lawyers have a deep knowledge of the supplementary documentation required to ensure the best outcome in your H-1B stamping instance. They can advise you on filing Form DS-160 and taking the necessary steps in completing your H1B visa stamping process. They tin can as well assist y'all with scheduling consulate interviews and VAC appointments associated with your H1B visa stamping.

To contact a VisaNation Law Group attorney, make full out this elementary grade today to run across if you qualify for a free phone consultation.

• H-1B Visa
• H-1B Visa Requirements
• H-1B Visa Documents
• H-1B Annual Cap
• H-1B Visa Transfer
• H-1B Visa Extension
• H-1B for Nurses

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Source: https://www.immi-usa.com/h1b-visa/h1b-visa-stamping/

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