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    kakaufgv's Avatar
    kakaufgv Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Aug 5, 2008, 09:29 AM
    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.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
    		  
    #2

    Aug 5, 2008, 09:48 AM
    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.
    kakaufgv's Avatar
    kakaufgv Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Aug 5, 2008, 11:08 AM
    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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