H1 Processing and Stamping

[hakaz]

I am currently on F1 status.

I graduated Aug 2011 with an MBA but missed the H1 quota. So decided to continue with my F1 status at a different school. There was a gap of couple of weeks during the transition of I-20 but I got the status reinstatement done.

I am wondering if I apply for H1 in the current cycle and get it approved, do I need to go to India to get a H1 stamp before actually starting work on Oct 1st?

Heard the Consulate (Chennai or other) is not really giving the H1b visa even with an approved H1B from US. Is that right?

I do not want to take that risk if chances of getting H1 denied is high even with the approval. I have my wife's green card in process and would get my name added in about a year so I can get a EAD by next summer 2013.

Until then I have to wait if I miss this H1B cycle and cannot get the stamp to work.

What have others experienced?

[livliv]

I am currently on F1 status.

I graduated Aug 2011 with an MBA but missed the H1 quota. So decided to continue with my F1 status at a different school. There was a gap of couple of weeks during the transition of I-20 but I got the status reinstatement done.

I am wondering if I apply for H1 in the current cycle and get it approved, do I need to go to India to get a H1 stamp before actually starting work on Oct 1st?

If you are maintaining F1 status, H1 can be approved with change of status.

Heard the Consulate (Chennai or other) is not really giving the H1b visa even with an approved H1B from US. Is that right?

There is no such systematic denial pattern. If you have a legitimate job with a genuine employer, you should easily get the Visa.

I do not want to take that risk if chances of getting H1 denied is high even with the approval. I have my wife's green card in process and would get my name added in about a year so I can get a EAD by next summer 2013.

Until then I have to wait if I miss this H1B cycle and cannot get the stamp to work.

What have others experienced?

See above.

[hakaz]

Ok. So If I have the approval done this H1 cycle, do I need to a H1B stamp from India before I start working from Oct 1st?

(I don't really intend to travel)

[livliv]

Ok. So If I have the approval done this H1 cycle, do I need to a H1B stamp from India before I start working from Oct 1st?

(I don't really intend to travel)

If the approval notice has I-94 at the bottom, you don't need to leave the US only for the sake of getting the Visa.