H-1B Stamping Queries

 
  I came to US in Nov 2004 Nov on a L1 Visa for Company X. In Dec 2005 I changed visa status to H1 through Company Y. I have been working in US all this time and am now planning to take a short vacation to India and also get my H1 stamped on my passport. But my problem is I don't have a 4 year engineering degree. I have done a 3 year Diploma in Computer Engineering and I also have a Bachelor Commerce degree. I have total experience of 7 years 8 months of which the last 7 years has been with big Indian IT companies. Also I have traveled to US on L1 visa twice previously in 2003 and 2004 for 3-4 months duration at a time. I have experience letters, pay stubs, tax returns and bank statements available. I want to know how high the risk is of my H1 stamping getting rejected. Is it High risk, Medium risk or Low risk?

I also have a copy of my education evaluation which I did when I filed my original H1 B petition. My education was evaluated to be equal to a Bachelor in Science in Management Information Systems. Do you think having this document would make any difference during my stamping interview?

1. From our past experience, you should not have any issue regarding H1 as long as documentation in terms of visa applications, education evaluations, pay stubs, experience letters, tax returns etc. are available.
2. It is advisable to carry a copy of education evaluation when you go for stamping in India.
3. We hope you are still working for Company Y. Please take a letter from Company Y to the US consulate stating that they are sending you for H1 stamping and that you are still employed by them.
4. Please talk to the attorney of Company Y/person who applied for your H1 before you go for stamping in India.
5. All documentation should be carried. In your case we feel that the possibility of not stamping is quite low since your H1 was approved in the US itself and you have all experience letters, pay stubs, tax returns and bank statements in place.

 
  I am a doctor currently on F-1 Visa doing my MS to be completed by 5th May 2007. I will be starting my residency program (Post Graduate Training) in a hospital sponsoring my H1-B that does not fall under any quota. Though according to the contract it states last week of June, however I will have to commence training from June 15th. For unavoidable reasons I need to go to India hence can’t make use of the OPT. Following are my queries:
1) What is the earliest that I can get my visa stamped in India / Mexico / Canada?
2) If I can get my H1 B stamped in Canada by May 10th and go to India?
3) What are the chances of getting visa rejected in India?
4) What are the chances of getting visas accepted in Canada?
5) Is pay stub a must to get H1 B visa stamped?

1. Please check your H1B visa for the commencement date of the 3 year period of the visa.
2. You can start to work only on or after the date of commencement/validity of the H1 which is indicated in the visa approval notice.
3. We recommend that you get your visa stamped in your country of origin although there have been cases of visa stamping in Canada/Mexico.
4. The biggest negative of getting your visa stamped in Canada/Mexico is that in case they ask queries, you will not be able to re-enter the US if the date on which you go for stamping is after 5th May 2007.
5. Chances of a visa getting rejected in India are nil provided all the necessary documentation for visa approval is in place. Check the US Consulate web site to find out the documents needed for this purpose.
6. Pay stubs are a must to get your H1B stamped if you go for stamping in India/anywhere after you have started to work based on the H1 visa.

 
  I am currently working for company A and my H-1B visa was approved for company A in Oct 2005. Before that I was working for company A for few months on OPT and I graduated in Dec 2005 (MS degree). I have recently received a job offer from company B and I have accepted , I am supposed to start May 15 2006. I have 20 days in between in which I wish to go to India, but I have to get my H-1 stamped as this is the first time I am going back after my change of status in Oct 2005. I understand that I need provide proof of employment and pay stubs and letter from Company A to the consulate office in mumbai to stamp my VISA. Company A has agreed to give me an unpaid vacation during my travel to India but keep me as an employee and give me letter and last biweekly pay stuv. Company B has agreed to wait to file for transfer till I return. Can I go to Mumbai and stamp my VISA for company A and then come back and resign and be on un-paid vacation during this time. Do you forsee any problems? Please help me in this matter.

1. We recommend that you travel to India on the visa approval of company A for Stamping. Please note that you need to have pay stabs for the last 3 months for Company A in addition to other documents.Please note US consulate verifies the result of the transfer application before stamping of dependant visas
2. There is also a second route. But please check with your lawyer, ie you can still apply for the transfer of the H 1 even while you are in USA. This is a complicated process but it works since you have pay stubs & tax forms.

 
  I have got approval of INS for 2006 Quota but some body told me I can’t apply in consulate till October 2006 ? Please tell me if we have to start work in October 2006 why will we apply in October ?

Ideally you can apply for stamping in the first week of October so that you can travel to the US immediately after stamping. We understand that you will be able to book your appointments atleast 6 months in advance. Please check with the relevant US Consulate website to find when you can make booking for your stamping. This means that you can start working only from 1st October, 2006.

 
  I have a B.E in computer science from Bangalore University, India. I have an L1 Visa valid till Oct 2008 from Company A and I am working in the US for the last 6 months. Recently I got my H1 papers approved from Company B.I will be visiting India in the month of Jan 2007. I have to join Company B by first week of December 2006. These are my queries - Can I get my H1 B visa stamped in Canada/Mexico? If I have to get it stamped in India then is it possible through drop box facility from Bangalore? Can I get the visa stamped from consulates other than Chennai in India as I am residing in the US?

1. Generally visas are stamped in the country of origin i.e. India in your case. You cannot use the drop box facility and have to appear in person for the interview.
2. It is technically possible to get your visa stamped in Canada/Mexico but majority of the cases that have taken this route have faced problems. It is a risk. Please talk to the lawyer of the company that applied for your H1 and make a decision.
3. We do not recommend Canada/Mexico for stamping.
4. The rules say that you can get your visa stamped at the Consulates if you have residential proof for the same. Again please note the US consulate refers people of a specific region to apply at the consulate relevant to their region.

 
  I initially entered the US on a F-1 visa in 1995. I obtained a bachelor's degree in Marketing Management from an accredited US university. I then got a job in Sales in Washington DC and worked at this company from November 2000 - April 2004. I even got a H-1 B stamp on my passport when I went to the US consulate in Canada.

I then got an opportunity to work for an IT consulting company. I left my old company and joined my current company in May 2004. They transferred my H-1. The H-1 is valid till June 2007. I am contemplating getting the H-1B1 visa stamped again on my passport at a US Consulate in Canada. This is because my old H-1 visa has expired and I have also switched companies. During this entire period I have always remained in status.

The complication is that I have a degree in a non technical field (Marketing Management) but I am working for an IT consulting company and doing IT work. The H-1 was filed under for the title of Programmer Analyst. This company is also doing my green card and the LC and I-140 have already been approved, but I cannot apply for I-485 due to retrogression.

Do you foresee problems for me getting the H-1B1 visa stamped at a US consulate in Canada or in my home country, India?

1. Your H1 visa was initially valid from November 2000 onwards. Ideally if your visa is from November 2002 the H1 would be valid only in two installments, till November 2006.But since you have the H1 which is valid till 2007 you can get it stamped.
2. As per our experience, one has to go to the country of origin to get a visa stamped, but in the recent past we have heard of exceptions regarding stamping in Canada and Mexico. 3. The biggest risk which happens if the visa is rejected in Canada is that you will not be able to re-enter the US and you will have to go to the country of origin and wait in the queue. We recommend getting the stamping done in India.
3. We do not foresee any problems in visa stamping in India as long as you have the documentation which is specified by the US consulate.

 
  I am currently working on L1B for employer A. I have my H1B petition filed by employer B on March 2006. I went to India for vacation from April 2006 to June 2006 and came back to US again on July 2006. Since i am out of the country for this period, will my Change of Status from L1 to H1 will be approved or not. Incase if my COS is denied and petition is approved, Can i go to Canada and get my H1B stamping and work for Employer B starting October 1st, or i have to go to india to get my H1B stamped. Will there be any problems if i go to canada to get my stamping. As of now i have my L1B petition and Visa valid till January 2008. Also in case if i can go to canada for stamping and visa is denied, can i come back to US again with my existing L1B visa and work for employer A.

1. There is no link between your L-1B Visa and your fresh application for H-1B.
2. Your status is still L1 and will change to H1 only if you decide to leave your current employer A and join employer B.
3. Generally you have to go to your country of origin to get your H-1B stamped.
4. Once your H-1B is approved and you are still in the US on L1 you can start to work for Company B.You need to get your H-1B stamped if you decide to travel out of US .
5. Please check with your attorney if you can go to Canada to get yor visa stamped.
6. As far as our experience goes , one has to go to the country of origin to get one's visa stamped.

 
  I got my H1B stamping (consultant A in USA) in India by May 1999 . But because of market situations they asked me to stay here in India until end of year 1999. Then they called me to US by Jan 2000 . After going there, because of less demand in market, I was unable to get a project through them. I was in bench for 4-5 months without pay. Then I tried for H1 transfer. I gave the papers to a company B which is a start up one. I managed to get a project through that company for 1 ½ months only. Payment for me was made by them through cash and they are unable to give pay slip as they didn't own my H1 at that time. Then after that I did not get any projects through them. Also they were unable to transfer my H1.Hence I did not file W2 (tax form for that year 2000) also. Hence I applied for H1 transfer through another company C in NJ by Jan 2001.They got the receipt within 2 weeks for H1 Transfer application filed. But at that time IT demand went down and that company C sent me to India by Mar 2001 by giving the flight ticket and asked to stay in India until the market picks up. When I was in India by August 2001 they sent me approved transfer of H1B papers. They asked me to not to get stamping in India until they call me back. But after a few months they sent a mail stating that 50 of their Consultants' (including me) H1B got cancelled by them because of bad situation in IT market. So by then, I had only the approved H1B papers sent by them and not any experience letter from them too. So I don’t have experience documents for my stay at USA (Jan 2000 – Mar 2001). I have only the offer letter which the company A gave to me. I don't have any relieve order from them. Now I am working for a reputed MNC company in India and this company is going to file H1 for me for 2006 quota. Following are my questions. 1) In my 6 + yrs of exp, I have all the proofs of experience for all my companies where I worked for except my US stay. If I go for stamping for US consulate in India for my new H1 a) will they ask what I did in US during the stay there, what can I say? Since the company B is not valid for me, I cannot say that I worked for company B. b) Can I say that I was not well initially for few months after I arrived in US and then I was in bench for another 5 months since the market is bad and the company did not pay me? After April 2000 I did not had any contact with company A. Suggest me what I can say regarding my activities during Jan 2000 – Dec 2000? c) Will they ask for any experience certificate for my stay at USA? 2) When I go for new H1 stamping , I need to mention in DS 156 application form that my old H1 got cancelled. Will this cancellation of old H1 affect my new H1 stamping? 3) I got a SSN during my stay at USA (Jan 2000 – Mar 2001). Will that SSN be valid till now? 4) How many years of H1 period is remaining for me? I entered USA by Jan 2000 and returned back by Mar 2001. 5) In my resume regarding the stay at US, what should I mention? Can I mention I was with Company A during the whole stay? Or Have I to mention Company C also in my resume? (Since Company C applied H1 transfer by Jan 2001 and they got the receipt for filed application within 2 weeks, was I employee of company C) or until I get stamping in my passport for H1 transfer for company C, will I be the employee of company A? Just I would like to know From Jan 2001 – Nov 2001 , I was the employee of Company A or Company C? (Nov 2001 is the expiry date of my Old H1 which I got through company A). I confirmed that H1 was not cancelled by company A till Jan 2000.

1. Unless you have tax paid/ salary slips/ proof of salary credited into your account, your experience in the United States is not counted.
2. Please ensure that you have genuine experience certificate, offer letter, salary slips for the work you have done in India or elsewhere.
3. If you are applying for your H1 again, after such a long time, it is treated as a fresh H1 application in respective of your past.
4. We believe that you need not go back in history for your stamping.

Please talk to your current employer in US and your lawyer regarding your past H1 before you go for stamping.

 
  I came to US by company A and my Visa on passport is through October 2007. Now I changed job and got it transferred to Company B. I am planning to travel to India. It has been 4 months I am working with new company. Is it required for me to again go to US consulate in India for getting a new Visa stamped for company B before coming to US. Please let me know since presently the stamping dates are very late after February and I need to travel now.

1. If your transfer petition has been approved from Company A to Company B, you can travel to India.
2. It is clear that you have started to work for Company B. This logically means that if you go out of US, you have to get your new transferred H1 visa stamped before coming to US.
3. If you don't stamp your new H1 visa, you will be held back at immigration counter.

Once you reach India, you can always apply for emergency travel or constantly watch for dates which might come early due to cancellations.
Please talk to your company attorney before your travel.

Hello, I got my H1B approved by INS around October 2004. I have 6 years of software experience and more than 3 and half years I have been working in Japan. My I797 says that I will appear for stamping in Chennai. My employer has a good reputation with INS and no case was rejected so far. Since I live in Japan, can I get the stamping in Japan itself. My employer says that he can't afford the price of stamping location change in I797 and ask me to go to Chennai. But when I inquired Japanese Embassy they say that I can apply in Osaka Japan for stamping. Will there be any problems?
Will the process be any smoother if I go to Chennai since all the cases were approved in Chennai for my employer so far? Will my Mechanical Engineering degree be a problem for the stamping in Japan?
I appreciate any favourable reply.

General rules, Stamping is done in the origin country.

Hello.This website has been greatly helpful to me. I came to US on B1 and converted to H1.I got my approval in oct04 and have been on project since then.I applied my SSN and got it in jan05.Now how do i pay my tax from oct to dec as i didnt have my SSN that time and my employer says he didnot include me in the payrolls for 04.All i have is my pay slips for that period. Now i want to apply for my spouse's H4 visa.Is W2's necessary for H4 visa?If so how do i pay them as my employer didnt include me in his payrolls? Thanks for the advice

Pl check with your employer, has how he paid the taxes deducted from the salary. Also talk to Tax immigration attorney as how to handle this.

Hi, I have applied my h1b with Chennai consulate as my stamping place and I got approved, but now I am working in Dubai. If I want to get my stamping in Dubai, is there any extra documents do I or my employer has to produce? And this is my first h1b, is there any rule says that I have to get it from my home country? Please advice me in this.

Yes, Do come to India for stamping.

Sir, i have one question about h1b stmaping , i am bascically mechanical engineer after completion of gradutaion i worked for one mechanical company for two years after that i shifted to computer science and taken one year computer course in private institute after that i started working in devolpment company on vb and oracle after two years of experience in software i got my h1b papers i went for stamping but it was denied under 214(4)(2)but they sent me back all h1b original documents , i had chance of re applying i applied ,once agian through post (as it was at that time)i got one letter saying that ur case has been refered to afu and visa was denied under 221(g) i did not heard from consulate for more than one year , finally i got letter from consulate saying that my case has been refered to ins and all h1b documents are sent back to ins and asked me do not contact cheanni consulate .now after four years later i got agian h1b papers still i have same valid passport and i have totally 6 years of experience in computer field will there be any problem for stmaping? please answer my question i would be greatful to u at same time i have name problem in my passport and h1b doucments and my educational documents i have no surname on my passport first paper so my ins paper showing my fathers name as my surname what do do ?

No problem as long as H1 are outgoing
Do get all details of your company, like photos, balance sheets, etc
As u have 6 yrs of experience, so not a problem for stamping.
Also get a certificate from the notary for the name problem

my husband has got the appointment to stamp his H1 visa .I still have not applied for the H4 .will it be possible to do so with in a week and is it possible for both us to use the same appointment slot for stampin visa as i am his dependent

You have to take separate appointment for H4.

Hi, Thanks for ur services.I recently changed from h4 to h1 want to stamp in chennai.but i am working as part-time from house.so hw i can submit photos.can i apply thr dropbox r have to get appointment.my payslip wont be to the level of h1 works because of part-time job. So what document i need. thank u

1. Your employer in the USA needs to show the place of establishment in the photos.

2. Part time work is not generally taken into account.

3. I am sure you would have stamped your visa by now.

I am from india. My future employer filed my H-1B papers on 22nd sept 2004. But he hasn't received my LIN# till today. What could be the reason ?

If the LIN number is not yet got, it means that your visa is still under approval and by the way all the visass for this year is exhausted.

Thanks for ur Services.I want to stamp h1b presently holding h4 which is going to expire my the end of this month.Can i do thr Drop box in chennai.

We are sure you would have done the stamping by now and in case you have done the same you can fix an appointment in the Consulate for the same.

Dear Sir..this site has really "to the point" information. I have a query that Recently I got my visa status changed from H4 to h1b. Where should I get it stamped. Can I get it stamped here in US, If yes where and how, or I have to go to India for staming. Is there any time period by which h1b must be stamped as this is my first h1b and atleast for six months I am not able to go to India because of personal problems.

1. You cannot get the stamping done in USA under the new rules.

2. YOu will have go to India to get it stamped.

3. You can work on H1 as long as you remain in the USA and once you leave the USA, you will have to get it stamped in India.

Will there be a problem in getting an H-1B visa if the current job isn't the same as the one for which I initially applied. If asked. "Why did you not continue with the same employer", what should I say?

Please pretend that you are going for the job for which the visa was applied. There is a distinct possibility that the Consulate will reject the application if you do not do so.

I got an H-1B visa on 4th May, 2001. Due to certain reasons, I could not travel to the US immediately. I am planning to travel to the US in March. Do I need to undergo any special procedures, as I did not leave for the US immediately? Is the H-1B visa valid?

I have been informed that an H-1B visa is valid for a period of two months. If one does not travel within two months, one cannot apply for an H-1B for a period of six years.

There is no rule specifying that you need to travel within two months after the H-1B is stamped. . However, as you have delayed travel to the US by one year, you must have a letter from your employer that the offer is still open. The letter must also state the reasons for the delay.

You have been misinformed that you cannot go for stamping visa for another six years.

In the present security scenario, is it safe to go to the US border countries for visa stamping? Since one does not have a re-entry permit, will one encounter any problems now at the border even if one has a valid I-94? Are there any chances for denial of entry? Once a Consulate refuses the visa under Section 221(g), can one apply for stamping in any another Consulate? At the time of refusal there was no mention of any missing or required document. The immigrant officer orally told to go to the home country since they lack resources to verify the credentials. The memo mentions the clause 221(g) and that no action can be taken at that port.

It is not safe to go to Mexico for stamping. It is advisable to get the stamping done in the country of origin or through the US State Department. Please consult your lawyer.

I have an H-1B visa. But it has a single entry stamp. I need to get a multiple entry stamp. I do know that I can travel outside the country and prior to my return I can get multiple entry stamped on my visa. However, is it possible to do this without leaving the country? If yes, where can I find details as regards requirements, procedures etc.

Please consult your company lawyer and get your visa re-stamped in the US. H-1B visas, by default, are multiple entry visas.

I am working for a company that has branch offices in UK, Malayasia, India and US. I got my visa stamped in December 1998. I went to the US in March 1999. After nine months, my employer asked me to return to India for further training. I was in India for more than five months and then I once again left for the States. I was in the US for exactly one year. On account of the deteriorating economy, I was once again asked to return to India. Now I am working in India with a valid H-1B. The total period of stay in the US on an H-1B is six years. How will the INS count the six-year period in my case?

The INS calculates the six- year period stay on an H-1B on the number of days you stayed in the US. The six year period commences on the day one enters the US. Please keep copies of the I-94, as it will help in proving the period of stay in the US.

Is the Mumbai or the Chennai Consulate more friendly then the Delhi Consulate. Can a person who has been living in Delhi opt for stamping in Mumbai or Chennai? Is the drop box facility available in Delhi? Can I inform my employee in US to file the petition from Chennai or Mumbai?

You can definitely ask your employer to file your place of stamping as Madras/Chennai. Compared to other Consulates, Chennai is very strict. This has been our experience. Besides, during stamping, you may have to justify the reasons for choosing the Chennai Consulate.

We recommend that your chose the Consulate closest to your work location. As long as you have the necessary documentation you need not worry about H-1B rejection.

Four years back, I came to US on an L-1 visa. From the past one year, I am working on an H-1B visa with a very reputed company. I am planning to come to India to get my H-1B visa stamped. As my status has changed from L1 to H-1, can I still use the TT Services Drop Box Facility in Bangalore?

You can use the TT Services Drop Box facility.

I need to get the H-1B stamped. I was in Chennai when I applied for the visa but now I am in London. Shall I got stamping to the US Consulate, London or do I need to travel to Chennai. Is there any way I can get the visa stamped in London?

If you can prove to the US Consulate that you are posted in London as part of your duties, they will get the visa stamped for you. Please check in person about the same, since we know of cases wherein the Consulate has refused.

Remember to carry adequate documentation such as salary slips, UK identity cards, proof of residence etc to prove that you are working in London.

I transferred my F-1 visa to an H-1B visa and have been working in the US for the past 18 months. I am planning to visit India soon. I have been advised to go to Canada for visa stamping, before I leave the US. Is this necessary, or is it easier to get the stamping done in India?

Please check with your company lawyer. We know of cases where the US Consulate in Canada has directed applicants to go the country of origin i.e. India. Please ask your lawyer to talk to the Consulate. Also ensure that you have the necessary documentation as mentioned on our site http://www.assureconsulting.com.

We recommend that you try Canada after due verification, since there is a clause about re-entry to US in case the Canada Consulate asks you to go to India.

I'd like to know if the INS could ask for documents even after 2-3 months of filing the petition. Can work experience of only 11 months be verified for approval, if the petition is for a trainee/intern.

The INS can ask for evidence any time after filing for the H-1B. Work experience is defined as full time employment, verifiable through salary, slips, appointment letters and photographs of the work place. Please also note that you should have verifiable reference from the company you have worked with.

We entered the US on a visitor visa in March 1999. I sought an extension to see the millenium celebrations, which the INS promptly granted. In January 2000, my husband got the H-1B visa while in the US. We need H-1B stamping on the passport. We tried to get the visa stamped in Toronto and were asked to proceed to India. The passport does not mention any specific place for stamping.

My husband worked with the original sponsor (an Indian company in the US) from January 2000 to April 2001. He got sponsored by another US Company and started working for the present Company from April 15th, 2001. Since the date my husband received the H-1B, he has been working without a break. We are scared to come to India as we may be denied permission to re-enter the US. Can a lawyer get the stamping done for the H-1B visa? Could you suggest a way of getting the H-1B stamped in Canada or Mexico?

Please note that you need to get your visa stamped only in India since the Toronto Consulate has already refused. However, we recommend that you consult an immigration lawyer in the US

Now that you have salary slips and tax paid receipts, we feel you would not face problems in getting the visa stamped in India, provided your documentation is thorough. Please check with your company lawyer in the US in this regard.

As long the documentation regarding your qualifications and work experience in India is fool proof, and the US are in order there will not be any problems

I would like to know if you can guide a person who has legally entered the US on a B2 visa and subsequently changed status to H-1B. The person is working for the past one-year- and-seven months. Is there a way of getting a multiple entry visa from either Mexico or Canada? If one goes to India there seems to be no hope.

Please let us know if your H-1B is stamped. If your answer is in the affirmative, we would like to know the reasons for seeking a multiple entry visa when you have an H-1B visa. The H-1B visa, after all, is a multiple entry visa In case you have not got the H-1B stamped yet, please consult the company lawyer to get it stamped in US or Canada or Mexico

Thanks for the advice. I would probably need to go to the Chennai Consulate, since I would be visiting my Dad in Trichnapalli. Will there be any problems? I am slightly anxious because of the one month unemployed period between my previous and new job. Does the Consulate ask for the previous company's pay stub, relieving letters etc?

Please read your H-1B papers carefully. The Consulate you need to go for stamping would be mentioned in the H-1B approval documents. Please look through assureconsulting.com for further details on the drop box facility.

You need not get worried as regards the H-1B stamping, as long as your documentation is in order. I hope you are aware that the H-1B documentation has changed. The new documents you need are:

Completed visa application form, which is available at the US Embassy or Consulates.

DDs favoring American Consulate General in the city you are applying for your visa. Consular fees will be accepted by way of demand drafts issued by nationalised and foreign banks only. The demand drafts should be in favor of American Consulate General, payable at Chennai. Demand drafts from cooperative banks will no longer be accepted for consular fees. The draft must be issued by a nationalised or a foreign bank.

Separate demand drafts are necessary for the application and issuance fees. Your name and passport number must be included on the reverse of the demand draft. Demand drafts without this information will not be accepted.

NIV application fee: Demand Draft Rs. 2, 160 This fee is non-refundable and payable whether a visa is issued or not.

Issuance Fee: Demand Draft Rs. 3,600.

Passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended

The original petition approval (I-797), the complete petition submitted by your prospective employer (including the Labor Condition Agreement (LCA)

The originals of your university degree certificate, and mark sheets and originals of your work experience letters.

Current telephone numbers of present and past jobs.

Directions utilising common names and landmarks to your present and past jobs.

Photographs of the inside and outside of your current or most recent place of work.

I need your advice regarding stamping in Chennai. I came to the US on an F-1 visa in Dec 98 and finished school in May 00, after which I started working on OPT. I applied for an H-1B and got approval in October 00. In Jan '01, I changed my job and started working for the new company before it filed for my H-1B. There was a one-month gap between resigning from my previous job and joining the new company. I got my new H-1B approval in April '01. Now, I am going to India in November and want to get the visa stamped on my passport. Do you foresee any problems? Would you suggest I go to Canada or Mexico rather than India? Do I need to show my previous employer's pay stubs, employment letter etc when I go for stamping or just my new employer's stubs.

I do not think there will be any problem in stamping the visa in India. Please let me know the Consulate you are supposed to get your visa stamped. Please also have all relevant documentation as suggested in our site http://www.assureconsultiing.com

I have received the H-1B approval document from my employer and must now proceed for stamping. I have done BE in ECE and I have three years work experience. I have the original education and experience certificates. I am based in Bangalore. Can I use the Drop Box Facility? If yes, what are the documents that I need to send? Please indicate whether I need to use originals or photocopies.

You can use the Drop Box facility. The documents you need are:

Completed visa application form, which is available at the US Embassy or consulates.

DDs favouring American Consulate General in the city you are applying for your visa. Consular fees will be accepted by way of demand drafts issued by nationalised and foreign banks only. The demand drafts should be in favor of American Consulate General, payable at Chennai. Demand drafts from cooperative banks will no longer be accepted for consular fees. The draft must be issued by nationalised and foreign banks only.

Separate demand drafts are necessary for the application and issuance fees. Your name and passport number must be included on the reverse of the demand draft. Demand drafts without this information will not be accepted.

NIV application fee: Demand Draft Rs. 2, 160 This fee is non-refundable and payable whether a visa is issued or not.

Issuance Fee: Demand Draft Rs. 3,600.

Passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended

The original petition approval (I-797), the complete petition submitted by your prospective employer (including the Labor Condition Agreement (LCA)

The originals of your university degree certificate, and mark sheets and originals of your work experience letters.

Current telephone numbers of present and past jobs.

Directions utilising common names and landmarks to your present and past jobs.

Photographs of the inside and outside of your current or most recent place of work.

I got my H-1B papers to work in the US. Prior to this, my B-1 visa was rejected? Will this affect my chances of getting the H-1B stamped?

An earlier rejection of B-1 visa by the Consulate does not mean that an applicant's H-1B visa will be automatically rejected. Prior to proceeding for stamping, ensure that your documentation is thorough. Answer the questions posed by the Consulate honestly and accurately. Please read articles Stamping Requirements and Stop B******* about the US Consulate on the Assureconsulting.com site to prepare for the interview.

I changed my employer a few months back and I am now visiting India for a few days. Is it necessary to get the new H-1B stamped? How long does it take in India (Chennai)? What are the documents I need to take to get the visa stamped?

It is necessary to get your visa restamped or endorsed in your passport because you have changed your employer and you have left the US. The entire process will take three days in Chennai.

Please see article Stamping Requirements on http://www.assureconsulting.com for more details. Please also take all documents regarding your current employment in the US such as appointment letter, salary stubs tax returns etc.

I got my H-1B stamped. On account of the US slowdown, my company has asked me to wait. Is there any rule, which stipulates that a person must reach the US within a certian period of time after stamping?

There is no time slab or limit for you to enter the US. However, whenever the company calls you, ensure that you have adequate documentation from your employer about your job.

I received an H-IB petition from a US-based company. I received the documents from the company in March 2001 and I am planning to appear for the interview in the first week of June. If the Consulate Officer asks, why I delayed stamping what should I say?

Please tell the Consulate Officer that you come from an educated but conservative Indian family and that it took time to convince family members to let you go the US for working temporarily

I have applied for H-IB transfer. My present H-1B is valid till 2003. Do I necessarily go for fresh stamping?

If you leave the US for any other country, you need to get your visa stamped again

Can I do this through the State Department?

You can get it get it done through the State Department. Please crosscheck with your lawyer.

Will there be any problems, if I go to India, say 2002, and get the visa stamped?

There will be no problem if you come back to India and then get the visa stamped. You could run into problems, however, if you opt for another H-IB transfer without getting this transfer stamped.

How difficult is it to get the H-1B revalidated in one's native country?

If the documents are in place, the H-1B revalidation process does not pose any problems

I came to the US on an L-1 visa, which was valid up to April 2001. Meanwhile, I got a new job and my H-1B petition came through in January 2001. My new I-94 was valid till 2003, but my old I-94 has expired. I have not got the H-1B stamped. If I do not travel outside the US, can I stay on till 2003 without getting the visa stamped? What is the best way to get the new visa stamped? I cannot revalidate the visa, as my previous stamp was L-1. Should I travel to Canada or wait till I go to India?

If your new H-IB visa has come through, you can stay on and work on the basis of the H-1B visa approval. But we would recommend that you travel to Canada to get your H-IB stamped if it has been mentioned as the place of stamping. If not, you must make time to travel to India and get the visa stamped at the earliest.

Please also take legal advice from the company who applied for your visa, since you will have to take into consideration what they say in your case

I got H-1B papers to work in the US. On an earlier occasion, the Consulate refused to grant me a B-1 visa. Is there any possibility that my application may be rejected? Can I send my application papers and other documents through TT Services or do I have to appear for an interview. If called for an interview, how do I convince the Immigration officer to grant me a visa?

I do not think there will be a problem. But if the work experience is less than two years, the Consulate Officer can ask a number of questions. This can be avoided to a large extent if you have the right documents. Please read article Stamping Requirements and Stop B******* About the US Consulate on the AssureConsulting.com site.

I got my H-1B visa stamped on 1 December, 2000. I am still in India. Is there a cut-off date, after which I cannot go to the US?

You do not have to worry, as there is no fixed date. When you eventually leave for the States, you must have a copy of the appointment letter to prove that the job is still open.

My friend entered the US on a B-2 visitor visa. Later, he applied for an H-1B and got it. The past four years he has been working on the H-1B. He, recently, went to Canada to get a multiple entry H-1B stamp but was refused. The authorities instructed him to go back to India for stamping. Can he apply again for multiple entry visa in Mexico/Canada? If he goes to India, can he be denied H-1B visa?

It is advisable for your friend to go to India and get his visa stamped. Please ask him to travel to India at the earliest and get his H-IB visa stamped. If he delays, there is a probability that the H-1B may be rejected on grounds of overstay.

Please also check with the company lawyer who applied for you H-1B visa

My H-1B visa is under processing. I am aware of the documents one needs to carry for H-1B stamping. I have, However, lost the original copy of my appointment later. I understand this is a crucial document a H-1B applicant must have to get the visa stamped, I have a photocopy of the same and I have an experience certificate issued by the same company. What should I do?

The Consulate will accept the experience letter from your company. When you go for stamping, remember, to carry your company's identity card, visiting card, Form 16 etc. This will help avoid any glitches during stamping. In brief, you need to carry adequate proof that you are working for the organisation.

I am an IT professional working in Australia. I got a job offer from a US company and have sent my papers for H-1B processing. I have done my Diploma in Computers and have 5 years of work experience. I have also done B. Com through Correspondence in one-sitting. My consultant has informed me that my chances of getting an H-1B are slim, as I do not have a Bachelor’s degree in the field I am working. Is there any possibility of me getting an H-1B visa. I have submitted all relevant documents, including those, which furnish proof of my current job experience in Australia.

There is a fair chance that your visa will be approved if the education evaluation is done correctly. The Consular Officer could raise objections when you go for stamping. But if you have concrete and credible evidence of your work experience, you stand a good chance of getting the visa stamped. It is advisable that you get the visa stamped in Australia, as the Consulates in that country are more liberal than in India.

I have heard that it is possible to get an H-1B visa stamped from Bangalore. The applicant need not go in person to the Consulate. How is this possible, as the US Consulate does not have an office in Bangalore?

TT Services, the approved agency of the US Consulate to collect H-1B papers has recently opened a branch office in Bangalore. The agency collects papers from candidates and forwards them to the Consulate in Chennai. If the papers are in order, you need not go for an interview. The branch office's address is: 107 Raheja Chambers, 12 Museum Road, Bangalore-1. The phone number is: 5550112.

In addition, TT Services, has recently launched a new "Express Drop-Box" web site. Please read TT Services launches express drop-box web site to facilitate visas processing on AssureConsulting.com for more details.

I recently got my H-1B visa papers. I want it stamped. Do you offer any services, as I don't want to go Chennai?

AssureConsulting.com does not offer such services. However, TT Services Bangalore is an approved body of the US Consulate to collect H-1B papers. TT Services has recently opened a branch office in Bangalore. The address is: 107 Raheja Chambers, 12 Museum Road, Bangalore-1. The phone number is: 5550112. You need to submit the approved visa petition and the relevant documents needed for H-1B stamping at the branch office. (See article Stamping Requirements on the Assureconsulting.com site). These will then be forwarded to TT Services, Chennai. The entire process takes about five working days.

Alternately, you can also now apply online. Please read “TTS launches express drop-box web site to facilitate visa processing” on the Assureconsulting.com site for further details. The URL link is www.assureconsulting.com/shownews.php?name=tblnews&id=47

I have received my H-1B papers from my prospective employer. I have been given two months time to join the company. When should I go for visa stamping?

Please go for stamping immediately. The Consulate questions applicants on any delay beyond 30 days.

I logged on to the AssureConsulting.com and found it extremely informative. I have a concern. I have a two year old H-1B document, but have not gone for stamping due to some commitments. Can I go for stamping now? What are the documents required for stamping? What do you suggest?

Where are you based now? Can you please tell me, why you failed to go for stamping? There is a fair chance that you can get the visa. But you need to have a convincing reason as to why you did not approach the Consulate for stamping. Your employer must also send a letter to you. The letter must be addressed to the US Consulate indicated for stamping, explaining the reasons for the delay. To know more about the documents required for the H-1B stamping, please read the article Stamping Requirements on the assureconsulting.com site.

I have received my H-1B papers. At the time of filing the H-1B application, I was working in Chennai. So the US Consulate Chennai has been indicated for stamping. At present, I am in UK. Can I go to the US Consulate located in UK for stamping?

Please note that it is advisable to go to the Consulate mentioned in your visa for stamping. You must check with the US Consulate located in UK. It may agree to grant the visa. If the Consulate cannot do so, it will refer the case to the Consulate in India. The Consular officer will ask you for your passport and it would take a minimum of 21 days to get it back. This can cause causes hassles because as an expatriate worker in UK, you are expected to carry your primary identification i.e., your passport always. However, no harm in checking with the US Consulate in UK. I would, however, advise you to go to Chennai for stamping.

In that case, for how long is the visa valid? That is within what time should I go to India for stamping.

The H-1B visa is valid for the entire period it is issued. I advise you go for stamping within six months of the date of issue. If delayed beyond this period, the US Consulate in Chennai may ask unnecessary questions. You can get the new LCA transfer only after you have landed in US.

My H-1B petition was approved in June. Since then, I have been busy and have not been able to get the visa petition stamped. For how long is the visa petition valid?

I appreciate your busy schedule but please take time off and go for stamping as soon as possible. The greater the delay, the higher the chances of the Consulate subjecting you to unnecessary questions.

These days if you are called separately for a H-1B interview, the chances of rejection are quite high. I would, hence, recommend that you go for stamping immediately.

I got my H-1B visa stamped in March 2001. Please tell me the maximum duration, by which I can delay going to the US?

Theoretically, there is no time bar and you can enter the US any time after stamping. It is however, advisable to enter the US within six months of getting the visa stamped to avoid unnecessary questions at the port of entry.

Please let me know the maximum time period by which one can delay H-1B stamping.

It is recommended that you go for visa stamping two months from the time it is approved. Otherwise, the Consulate Officer at the Embassy is bound to ask uncomfortable questions.

I received my visa approval form on 3rd October, 2000. The notice date is 9th December 2000 and is valid up to 8th July 2003. As the visa is valid up to 2003, I delayed going for stamping. After receiving my H-1B papers, what is the maximum length of time by which I can delay going for stamping? If I have overstepped the time limit, please let me know what step should I follow when I go for stamping.

Theoretically, you can go for stamping when you are prepared to leave the country. In order to avoid unnecessary questions by the US Consulate, we advise our candidates not to delay H-1B stamping. It would help if you carry a letter from the employer clarifying the reasons for the delay.

I have got my H-1B papers. Now I have to go for stamping. My passport was issued in Hyderabad, which comes under Chennai Southern Zone. Currently, I am working in Mumbai. I want to know whether I should go to the Mumbai or Chennai Consulate for stamping.

Since you are working in Bombay, you need to go for stamping in Bombay. But the US Consulate sometimes insists that you go to the office mentioned in the visa for stamping.

There is no general rule for this. But please recheck with US Consulate, Mumbai, since application of rules varies from case to case. You can use Assure Consulting: US Consulate’s India Contact Information to get in touch with the Consulate

I am impressed by the way you answer H-1B queries. I have received the visa approval form and will soon be going for visa stamping. Does the US Consulate take work experience into account, before stamping the H-1B visa? I have 18 months of experience in the same company. Is this adequate?

The US Consulate takes the work experience into account, if the applicant does not have a Bachelor's Degree in the field. In this case, the applicant must have six years of work experience in lieu of the Bachelor's degree. If you have a Bachelor's degree, your 18 months of work experience will suffice for acquiring the visa.

I am a Computer Science degree holder. I acquired my degree in July 2000. At present I am working for SSI Tech, Mumbai, as a software engineer. I would like to apply for an H-1B visa and would like to know the procedures involved.

In order to acquire an H-1B visa, you need to find a sponsor. Individuals cannot apply for H-IB visa directly. A company in the US must apply for the visa on your behalf. I request you to read the H-IB articles on the Assureconsulting.com site for further information.

We understand the attraction US hold for you. At present, you probably have six to eight months of work experience. Instead of going to the US immediately, we would suggest that you work for premiere companies in India for another year. The experience will help you in getting better job offers from US companies and will give you an edge in salary negotiations with future US employers. It is not our intention to discourage you, rather as ethical career counselors; we are trying to provide a realistic picture. At the moment, the US market is in the grips of a slowdown. Many companies have axed employees, who do not possess high-end technical skills. Hence, it would be better if you hone your skills in India and then look for a sponsor.

I found your site extremely helpful, especially with regard to issues pertaining to visa stamping. I have to go for H-1B stamping in the next few days. My original degree certificate is with my company. Will I run into problems, if I do not have the certificate at the time of stamping?

The US Consulate insists that you should have the original degree certificate when you go for stamping. We recommend that you go for stamping, only after you get your original degree certificate from the company.

I read your views on H-1B visa processing and found them helpful. Please clarify the following doubts. I have got H-1B visa papers from my US-based employer. I want to get the visa stamped in Chennai. At present, I am working in Singapore. Prior to this, I'd worked for a company locates in the Gulf. While shifting to Singapore, I left the employment letter behind. My efforts to get the employment letter have not borne fruit. Can I go for visa stamping? I possess all other relevant documents in original. I am a Chartered Accountant, who has turned to Oracle Applications consulting. As a CA, I have 15 years of work experience. Please let me know, will I have any problem in getting my visa papers stamped? Before coming to Chennai for visa stamping, should I get prior appointment?

According to H-1B rules, the visa is granted to professionals with specialised knowledge i.e., the person must have a Bachelor’s degree in that specific field. In case the applicant does not have a Bachelor’s degree, he must have minimum six years work experience.

If you qualify, please take all other documents such as salary slips, release letter etc, which prove that you have worked in the company in Gulf. Carry the photocopy of the appointment letter. If possible, try to get this photocopy attested by your former employer. If all other documents are in place, (see Assureconsulting.com's article on Stamping Requirements), the Consulate will not hold back the visa.

You need not fix a prior appointment with the Chennai-based US Consulate. Please go early to avoid long queues.

I have received my H-1B approval papers and will soon be going for stamping. Would you kindly answer the following queries I have done B.Com from Delhi University. I have got 10 years of IT experience. I also hold MCSE & SCJP diplomas. I fear the Consulate may reject the visa, as I do not have a formal Bachelor’s degree in Computer Science. The Consulate Officer is bound to ask me how and why I shifted to IT, without any formal education. My visa approval document states I must go to the Delhi Consulate for stamping. Can I opt for TT Services?

According to H-1B law, an H-1B phpirant must have six years of work experience in lieu of a bachelors degree. Please take all papers which reflect your work experience, such as previous salary slips, profile of companies you have worked with etc which will help conclusively prove your work experience to the Consulate Officer. A great deal will depend on the companies you have worked with and the projects you have worked on. Please consult an immigration lawyer or the legal department of the company, which has sponsored your visa, to make a foolproof case for you. There is no guarantee that you will get the visa but considering your 10 years of work experience, the Consulate may grant the visa.

If your visa approval document says you need to go to the Delhi Consulate for stamping then you have not choice but to go to the Delhi Consulate to get the visa. TT Services is only an authorised body of the US Consulate, which collects the visa approval and necessary documents and forwards them to the Consulate for stamping. Hence, you cannot escape the Delhi Consulate by opting for TT Services.

After receiving my H-1B papers, what is the maximum length of time by I can delay going for stamping. I have a number of projects to complete before I can go to the US.

We advise our candidates to go for stamping within two weeks to avoid unnecessary uestions by the Consulate Officer. You can travel to the US later.

After getting the H-IB stamped, what is the maximum length of time that I can stay in Saudi Arabia?

You can stay in Saudi Arabia as long as your visa is valid. Please check with the nearest Consulate office on this. However, do not delay travelling on H-1B to the US, as you may be grilled by the Immigration Officer, representing the INS, at the port of entry. For certain reasons, if you are delayed, when you eventually travel, carry a letter from your US employer stating the offer is still open.

It's great to see your web site. I am an Indian National, working in Saudi Medical Insurance Company, Jeddah, as a System Analyst. My employer filed for my H-1B in November 2000. Recently, I got a mail from my Employer that, I might receive my EAC number in the next week. Please let me know, what is the EAC number and how long does it take to get the visa?

An EAC number means that your H-1B application has been filed at the INS' Vermont Service Center. Once the employer gives you the EAC number, you can track the status of your application using Assure's Instant Status Tracker!

An US-based company has applied for my H-1B visa and I have been directed to go to the Consulate in Muscat (Oman), where I am working currently, for stamping. I am an Indian. Being an Indian passport holder, is it possible that I can go for visa stamping to the US Embassy in New Delhi. I am asking this because I may leave this current job and go back to India before I get the H-1B approval.

You can only go for stamping to the Consulate mentioned in the visa.

I got the H-1B approval from two companies at the same time. I have yet to go for stamping. The approval documents sponsored by both companies say that a cable notification has been sent to the Consulate from the INS office (not by the employers). What should I do now?

You can go for stamping with the visa approval of the company you want to join. Please answer the questions regarding LCA in your visa application form truthfully and correctly.

Thanks for providing valuable guidance through FAQs. My company has sent the H-1B visa papers for processing, I’m expecting papers next month, but, due to certain personal problems, I will be unable to travel till September or October. Can I go for stamping in October? Will the visa approval be invalid, as the INS’ annual year ends in October. I also have an UK work permit stamped on my passport. Is it valid to hold a work permit for two countries?

You could go for visa stamping and travel later. When you eventually travel, carry a letter from the company, saying the offer is still valid. Before taking any action, verify this with your company. The UK work permit will not affect your H-1B application.

I received my H-1B documents from my US-based employer. The papers were sealed in an envelope stamped: US Consulate, Non-Immigration Visa Section, Mumbai. This envelope was to be submitted to the Consulate as it is. By mistake, I opened the sealed envelope, before reading the instructions. What should I do now? Does the Consulate or the employer seal the envelope?

No problem. Submit the documents to the US Consulate without the cover.

I am currently working for a Bangalore-based software development company. I have an offer from a New Jersey-based company and have sent my papers for educational evaluation. I would like to know whether one can chose the Consulate where one can go for visa stamping. Although Chennai is nearer to Bangalore, can I go to the Bombay or the Delhi Consulate to get my visa stamped?

You can chose the location of stamping before the visa processing has started. But as you have already submitted your papers for educational evaluation, you will need to go for stamping at the Consulate mentioned in the visa.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

Email this page | Glossary of terms

--------------------------------------------------------------------------------