H1B visa was refused during stamping in India due to client. Now I came to US on H4 and reopened refused H1B petition. Once after getting approval do I have to go back to India for stamping or with change of status can I start working. Appreciate your response!!
Have you asked your employer's immigration counsel ? If the petition was approved as a change of status, then you do not need to get a visa stamp in your passport unless you leave the U.S. and seek to re-enter in H-1B status.
You may begin employment upon approval of the H1B change of status petition and need not return to India for stamping. You should check with your immigration counsel. Best regards.
Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.
The general rule is H1B visa is not an immigrant visa and hence can be issued at any consulate willing to take jurisdiction. Reality is many ports will refuse jurisdiction on the grounds that very first visa, they interpret the rule this way, shall be issued in home country.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You can start working with approved change of status to H1b but if you travel outside the USA you will need a visa to reenter
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