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-   -   Travel on J1, H1-B approved, return before october'08 (https://www.askmehelpdesk.com/showthread.php?t=245563)

  • Aug 5, 2008, 09:29 AM
    kakaufgv
    Travel on J1, H1-B approved, return before october'08
    Hi,

    I'm working in the US since April'07 with a J1 visa (trainee) valid until 1st Nov'08.
    My H1-b application has been approved , and I have the approval in hand (I-797B).

    I wish to travel to Brasil from 12th Sep to 21th Sep and get the new H1B stamp, but re-enter on 21st Sep on the J1, without use my H1 stamp.
    Can I have both stamps (J1 and H1B)?
    Do they cancel my non-expired J1 stamp if I get the H1B stamp?
    Can I use my J1 from 21st Sep to 1st Oct??
    Do I have to get a "Petition for Status change"?? Because my I-797B is just a "Petition for a nonimigrant worker".


    H1-B Approved Oct'08 - Sep'11
    J1 valid till Nov 1, 2008


    Do you think it is better to travel on 19th Sep to 28th Sep? Or I have to go on 19th and wait until 1st Oct?


    Please let me know if there is any kind of risk involved.

    Thanks, Any help will be greatly appreciated.
  • Aug 5, 2008, 09:48 AM
    lawanwadee
    H-1B is "nonimmigrant worker", you don't have to do anything with that.

    You may have 2 different unexpired visas stamped on your passport, but you can enter US with only one at a time. If you return before 1 Oct, you must return as J-1 and then you have to leave and re-enter as H-1B later. Why not make it all in one trip by returning on 1 Oct.
  • Aug 5, 2008, 11:08 AM
    kakaufgv
    Quote:

    Originally Posted by lawanwadee
    H-1B is "nonimmigrant worker", you don't have to do anything with that.

    You may have 2 different unexpired visas stamped on your passport, but you can enter US with only one at a time. If you return before 1 Oct, you must return as J-1 and then you have to leave and re-enter as H-1B later. Why not make it all in one trip by returning on 1 Oct.


    But are you sure that I can not get in on Sep and automatically change the status from J1 to H1b? I actually have to leave the border again?

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