Visa Stamping Question


rambabu1234

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Hi Folks,

I need your help.

I am Student to H1B Path candidtate. I finished my study & got my H1B visa.

My Passport has 1st-half H1B Visa stamp end/expiry date of SEPT-2011. Then I got H1b extension.

Currently i am on 2nd-half of H1 Visa valid till OCT-2014.

The I-94 i received with this extension is also valid till OCT-2014.

After getting this extension, i haven't gone out of USA.

Currently i am in talk with my company/consultancy for starting my GC Process.

But they haven't started anything yet.

So now i have following questions regarding doing STAMPING at US Consulate in India:

1-

If i go to india before OCT-2014, but i haven't filled PERM(Labor Certificate), then do i need to do any stamping in India, while coming back ?

2-

Now let's say my company applies for PERM (Labor Certificate) in MARCH/APRIL-2013 but PERM is not yet received.

Then if i go to india...then do i need to do any stamping in India, while coming back ?

3-

After successfully clearing/getting PERM (Labor Certificate), now let's say i go to india before OCT-2014.

As i have not cleared (received) I-140, do i need to do any stamping in India, while coming back ?

I know these are lot of questions, but please help me to solve this puzzle.

Thx

Ram

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1. Since your visa stamp has expired you will need a new visa to come back. 2. YES. See 1. 3. Yes. You always need a valid visa stamp to come back. Why this fear of the visa process?

1-

Thank you very much sir. I appreciate your quick response.

2-

So just wanted to confirm what i heared from my friends that:

aa- we need valid H1B visa stamp to enter into USA.

bb- Once we enter USA, important is Status ( as mentioned by I-94 ). I should be in-status, Not Out-of-status.

3-

As in my case, my passport do not have valid H1B visa stamp, after SEPT-2011.

So i need to do stamping when i come back from India to USA irrespective of Clearing PERM Or Clearing I-140.

Once i enter country, i can stay as long as my status is valid.

I must not worry about expiry of H1B visa stamp.

Above all are right...!!!

Thx

Ram

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