I am on H1B status but I didn't go out of the USA yet....?

Question

do I have to go outside the USA to get the H1B visa stamped on my passport ? is getting the visa stamped on the passport a required step before applying for a green card ?

Answer 1

http://grassley.senate.gov/public/index....

DURBIN AND GRASSLEY ZERO IN ON H-1B VISA DATA



[ WASHINGTON, DC ] – Senators d**k Durbin (D-IL) and Chuck Grassley (R-IA) sent a letter today to the top 25 recipients of approved H-1B visa petitions in 2007, seeking detailed information on how each firm uses the visa program. These firms were responsible for nearly 20,000 of the available H-1B visas last year.



“By the end of the day today, all of the H-1B visas for the year will likely be spoken for,” Durbin said. “The H-1B program can’t be allowed to become a job-killer in . We need to ensure that firms are not misusing these visas, causing American workers to be unfairly deprived of good high-skill jobs here at home.”





Durbin and Grassley have repeatedly raised concerns that the loopholes in the H-1B and L-1 visa programs are allowing for the outsourcing of American jobs. Last year, they introduced the H-1B and L-1 Visa Fraud and Abuse Prevention Act, which would require H-1B applicants to make a good faith effort to hire American workers first and would give the Department of Labor greater oversight authority in investigating possible fraud and abuse.

"I have no doubt that we'll hear arguments all day as to why the cap on H-1B visas should be raised, but nobody should be fooled.  The bottom line is that there are highly skilled American workers being left behind, searching for jobs that are being filled by H-1B visa holders," Grassley said.  "It's time to close the loopholes that have allowed this to happen and enact real reform."

Answer 2

If you are asking do you need to return to your home country when the H1b expires the answer is yes. You have to apply for an immigration type visa from your home country. If you mess around and overstay then you will have a minimum of a three year ban before you can return.

An H1b visa is a temporary non-immigrant visa. You can't apply for a green card within the US with a non-immigrant visa.

Answer 3

It really is best to consult with your human resources office or a reputable immigration attorney. This is especially true if you are thinking about leaving the U.S. just before or during your permanent residency application.  Depending on where you are at in the application process, your attorney may not want you to travel.

As to your questions...

Entry visas are issued only outside of the U.S. and no, you do not need a valid entry visa to apply for a green card.

Answer 4

Yes. To receive any type of nonimmigrant visa stamped on a page of your passport, you must be outside the U.S. at a U.S. visa office in a consulate or embassy.

No. You do not have to have a visa stamped in your passport before applying for a green card.

Answer 5

You can get Visa Stamped only at US Consulates in any countries outside of US. It is not a requirement to have H1B visa stamped for apply for a green card as long as you have I-797 Approval showing the validity of your H1B.