Regarding H1B

**coach** · 08-09-2007, 03:13 PM

Hi,
My friend got the H1B this year through lottery. Her husband filed for her green card recently and her case is in pending.[ Her husband is a citizen].
To get the H1B she has to leave United States and go to the country of residence to get the H1B visa stamp. There is never a 100 % guarantee for H1b to be approved .
Can some one please suggest what she should do?
1- She should stay in U.S and wait for her work permit which she will get through the green card?
2- Or she should go back home to get the H1 B.[ she never had a written contract with the company sponsored]

Your help is highly appreciated.

**lawu2002** · 08-09-2007, 11:34 PM

Have your friend ask her sponsor to provide her the contract.
She will need that and the INS' Notice of Action of her H1B approval.
There should be no problem then if she goes home and get her H1B stamp.
Only if she's on the 3rd stage of GC process or the change of status stage - she should not travel out of US.

**coach** · 08-10-2007, 05:18 AM

Thanks for the reply Lawu,
I do not know the stages of Green card. All I know is that her green card , change of status and work permit are in pending.She applied for them a couple of months ago.

Yes , she has the company's letter indicating that they have hired her, and the approval notice too.
BUt her question is that she should stay in U.S , as she will get the work permit through her green card? OR she should go to get the H1B[ even the company's lawyer said that it is never 100% guaranteed that H1B visa would be granted].

If her H1B would be denied , she wont be able to come back to U.S?
She is very confused what to do, please help.

**lawu2002** · 08-10-2007, 05:48 AM

I suggest she seek the lawyer's advice and follow it.
I dont think she really needs to go back in her country for the stamp. Its not necessary anyway. Why does she wants to go back home?

**coach** · 08-10-2007, 06:17 AM

Thanks again Lawu,
Because H1B stamp could be obtained only from her country of residence and not from U.S
Well, that's what has been indicated in her approval notice..

**coach** · 08-10-2007, 02:17 PM

Can someone please suggest any thing in the above situation?
Thanks.

**coach** · 08-13-2007, 01:16 PM

240 views and only one reply. Seems like people don't want to help in need.

**knok** · 08-13-2007, 05:07 PM

It is a difficult question. Lawu has good knowledge about this. Murthy forum has experts to answer this kind of question. Go to forum of H-1 B.

Good luck.

**lawu2002** · 08-14-2007, 12:44 AM

Like what I said, if she's approved an H1B and she's currently in the US - she doesn't need to go back to her country to get it stamped. It's only necessary IF SHE WANTS to go back home for a visit, then she will need it stamped at the US Embassy.

Going back home JUST TO GET IT STAMPED is not necessary. She can start working with just the Notice of Action approval paper.

If still not satisfied with the answer, then go research for it.

Originally Posted by lawu2002

I suggest she seek the lawyer's advice and follow it.
I dont think she really needs to go back in her country for the stamp. Its not necessary anyway. Why does she wants to go back home?