H1-B Change of Status - Don't Have Stamp

Dani Adelante

Hi guys,

I guess there are similar questions, but I thought I'd post mine, as my situation might be a bit different. Sorry if it's a bit long-winded, but I just want to make sure!

So, I came to the US in late 2009 on the one year graduate J1 visa. Towards the end of that visa, a new employer decided they wanted to sponsor a H1-B visa for me. They applied on my behalf, and it was approved - running from December 2010 to October 2013.

I received the I-797A form confirming approval and dates, along with a new I-94 which I have stapled into my passport. I must have overlooked the bit about getting the H1-B stamp.

So, fast-forward a year and a half, and I have booked a holiday home to go to a friend's wedding and see family back in Ireland for 10 days - July 13th-July 23rd.

Just today, when I was making sure I had all my relevant documents, did I realize that the lack of a H1-B stamp in my passport might be an issue at re-entry to the States.

What would be the best course of action? If I applied for an interview/stamp (unsure of the process), would I get an appointment quickly? As in, if I get the ball rolling tomorrow (well, today already in Ireland), will there be any chance I have the visa stamp sorted by the time I'm due to fly back on the 23rd?

As far as I know (correct me if I'm wrong), I have had H1-B visa status since December 21st, 2010, and it expires on October 25th, 2013. I have all of the documents confirming this, apart from the stamp in my visa.

Right now, I think my choices are cancel my trip home (and be out $850 and disappoint all of my friends and family), or risk trying to get the visa stamp sorted when I'm at home, which if it doesn't work out, could mean losing my job and/or not getting back into the US?

Any advice on what to do?

silja

I am not familiar enough with the H1B to know how important the stamp is, but did you ever have an interview? Normally there is an interview and that is when you get the stamp- the 797 isn't a visa, it is a Notice of Action; a bit like a receipt.

I recommend making an infopass appointment at your local USCIS office, they should be able to give you the stamp if needed.

Darren1o1

Dani Adelante wrote: »

Hi guys,

I guess there are similar questions, but I thought I'd post mine, as my situation might be a bit different. Sorry if it's a bit long-winded, but I just want to make sure!

So, I came to the US in late 2009 on the one year graduate J1 visa. Towards the end of that visa, a new employer decided they wanted to sponsor a H1-B visa for me. They applied on my behalf, and it was approved - running from December 2010 to October 2013.

I received the I-797A form confirming approval and dates, along with a new I-94 which I have stapled into my passport. I must have overlooked the bit about getting the H1-B stamp.

So, fast-forward a year and a half, and I have booked a holiday home to go to a friend's wedding and see family back in Ireland for 10 days - July 13th-July 23rd.

Just today, when I was making sure I had all my relevant documents, did I realize that the lack of a H1-B stamp in my passport might be an issue at re-entry to the States.

What would be the best course of action? If I applied for an interview/stamp (unsure of the process), would I get an appointment quickly? As in, if I get the ball rolling tomorrow (well, today already in Ireland), will there be any chance I have the visa stamp sorted by the time I'm due to fly back on the 23rd?

As far as I know (correct me if I'm wrong), I have had H1-B visa status since December 21st, 2010, and it expires on October 25th, 2013. I have all of the documents confirming this, apart from the stamp in my visa.

Right now, I think my choices are cancel my trip home (and be out $850 and disappoint all of my friends and family), or risk trying to get the visa stamp sorted when I'm at home, which if it doesn't work out, could mean losing my job and/or not getting back into the US?

Any advice on what to do?

OP,
There is no reason to cancel your trip. If you book an embassy visit (since this is the only place they can print the H1b in) for the start of your trip you should be okay. Looking at the dates, you may need an emergency booking or something but call the embassy booking line ASAP.

You will need to give the I-91 at the bottom of you I797 form when you leave the US(with your out of date form to prove you are still within status)
Let me know if there are any other Q's
Darren

Dani Adelante

Hi Darren,

Thanks for your reply. I got in contact with the embassy, and the earliest date they were able to schedule the interview for was the 24th, which is the day I'm supposed to be back at work. The guy on the phone gave me an email address to request an Emergency Appointment, so I have emailed them, but now it's just wait and see.

I'm still not sure what to do. I work for a law firm in NYC, and they're not exactly wishy washy about approving holidays. It is possible that I can extend my trip if need be, although I would rather not, but they wouldn't be best pleased. I basically need to make my mind up about going tomorrow on the day!

Does anyone have any experience, or know anyone, who has tried to get an emergency appointment at the Embassy before?

lonestargirl

silja wrote: »

I am not familiar enough with the H1B to know how important the stamp is, but did you ever have an interview? Normally there is an interview and that is when you get the stamp- the 797 isn't a visa, it is a Notice of Action; a bit like a receipt.

I recommend making an infopass appointment at your local USCIS office, they should be able to give you the stamp if needed.

You are only able to get visas stamped outside the country. A visa itself is an entry document, you can have valid status and an expired visa.

Darren1o1

Dani Adelante wrote: »

Hi Darren,

Thanks for your reply. I got in contact with the embassy, and the earliest date they were able to schedule the interview for was the 24th, which is the day I'm supposed to be back at work. The guy on the phone gave me an email address to request an Emergency Appointment, so I have emailed them, but now it's just wait and see.

I'm still not sure what to do. I work for a law firm in NYC, and they're not exactly wishy washy about approving holidays. It is possible that I can extend my trip if need be, although I would rather not, but they wouldn't be best pleased. I basically need to make my mind up about going tomorrow on the day!

Does anyone have any experience, or know anyone, who has tried to get an emergency appointment at the Embassy before?

I have, they usually get back in 24 hrs. The dates are hit miss depending on how busy they are.

LorcanShannon

Hi Dani,

You only get the stamp after you leave the country so you did not overlook anything. With regard to an appointment; you could try and schedule an appointment in Belfast. The Consulate in Belfast is generally not as busy as Dublin and can often accommodate people on short notice. In order to schedule an appointment in Belfast, you will need an address in the North where your passport can be sent following your interview.

Hope this helps,

U.S. Immigration Attorney