H1b Visa Stamping - Needs Clarification

[Sudhakar0204]

Hello Forum Members

I had a H1b stamping under FY2008 quota which was valid till 31st Aug 2010. I didn't make any travel to US by using that visa.

I have a valid B1 till 2017 and now my employer wants to send me on B1 for a 2 month period.

Since I already have counted against the cap in 2007, I would not be filed against cap and I can immediately start working when I get my H1 now.

Is it true that H1 which is not filed against cap does not require you to go back for stamping back to your home country in case if i am in USA at the time of H1b application filing?

Please clarify......

Regards............

[ashukla]

You dont need get the visa stamp once your H1 renewal is approved, visa is only required to get into the country so if you are already in the USA and file for your renewal which will get approve, then it is not required for you to go back for visa stamping. It will be required only if you leave the country any time from now onwards.

[Sudhakar0204]

will it be the case even when i am on B1 visa status in USA and my employer wants to change the status from B1 to H1 while i am in USA.