H1B holder exchange from B1/B2 want to visit home country?

Question

Hello all,

I am H1B holder exchange from B1/B2. My H1B will still valid through August 2010.

I got my H1B when i am in US, so i never have my passport stamping with H1B visa. Now i am thinking to go visit my home country due to my mom's medical reason.

But many people told me it is not wise to do that because it jeopardize my status in US since i came with B1/B2 visa. I have a good job and married to a permanent resident. Therefore, definitely i want to be able to come back.

Meanwhile, my lawyer told me it is fine to visit and there should not be any problem since i have proper documentation, always pay taxes and never been out of status.

Is there any of you have the same situation or experience, do you mind to tell me how will it work when we're in our home country to get the visa stamping? Is it really jeopardize our status? Please advice...

All answers are highly appreciated.

Thank you

Answer 1

I was in the same situation and didn't leave just in case I couldn't get back...I am noe married to my husband and have a green card.  If you oly have H1B status and NOT the physical visa in your passport, there is a small possibility that you wouldn't be able to get back.  Once you are in your home country, you would have to apply for the US Embassy there and have then issue the Visa (Embassys are the only ones who can issue visas, which is why when you adjusted in the US you coudn't get the Visa)  99% of the time because you were already granted the status by the US and have already lived here etc it is just a case of getting a ruber stamp, provided you haven't broken any laws or been out of status at any point.  But there is always that 1% chance.... it just depends if you are willing to run the risk.... You should nbe fine but as I sure you know nothing is certain with immigration!