H1-approved, leaving + returning to US without H1 stamp?

[axaangel]

Hello

I am currently living and working in the US, my H1 petition was approved so I am no longer on OPT. I am planning to leave the US during my vacation in August (for a wedding in my Caribbean home country.) While there I thought the easiest thing would be to get my H1b visa stamp in Barbados (where there is a US consulate) and return to US at the end of my vacation.

However now I've realized getting the stamp is not a same-day process and can potentially take up to 7 business days. I cannot afford to wait around until I get my visa stamped before I return to the US, because my vacation would be over at that point and I could lose my job!

Now the thing is, I have a United Kingdom passport. If I had just been a regular visitor to the US, I wouldn't require a visa (since the UK is a visa-waiver eligible country. We usually fill out an ESTA form and can travel to the US without needing a visa).

My question is: since I am on H1b status, is there no way I can return to the US without having the H1b stamp? For example, would this option work?

-go to my appointment in Barbados, but hold on to my passport

-return to the US using the ESTA form

-ship my passport back to Barbados for my stamp, and have them ship it back to me.

Or is this illegal?

Thanks for your help!

[aruns4]

VWP is only for B visas

You have to be present physically for visa interview.

Check the average visa processing time. Should be less than 4 days I believe.

[JoeF]

It is not possible to change status when entering on visa waiver.

And obviously, you can not work as visitor.

So, this clearly won't work. Forget such shady "workarounds." Do things the proper way.

[ottawa_rocks]

I agree with JoeF, having a UK passport won't make you the Queen Elizabeth's heir. So better follow the right approach than a typical desi's mind-set or otherwise you will end up in letting US create new laws for british nationals :(

[dele]

'...I am currently living and working in the US, my H1 petition was approved so I am no longer on OPT..'

You need to confirm the year against which your H1 petition was approved. If it's for 2012, it will not take effect till October 1, 2012 which means you're still on OPT and so should be able to travel using your F1 visa (confirm this). However, if your H1 petition was approved against 2011, then it became effective immediately it was approved.

For example, my H1 was approved in May and I started work in June. Even though I had an approved H1, I remained on OPT till October 1.

[leo_maverick]

I think as per AVR rule, you can come back to US with no stamping required. Google it and you will find more details on this.