H1 B visa

[gcd 0]

Hi! I came to the United States with a tourist's visa. Then I am being sponsored so I stayed in the US while my petition is pending. When my H1 B gets approved is it true that I can not get out of the United States until I get a green card? otherwise if I do I can no longer go back to the US?

[Harsh_77 716]

Thats not true, once you get your H1 you can travel back to your home country. When you visit your home country for first time, you will have to go to embassy and get your H1 stamped.

That could be a little difficult as they would question you why were u looking for employement whe you were supposed to be visiting US not looking for a job.

[angeldee888 0]

As far as I know, when you have your H1B, you CAN go back to your birth country for a visit but the only down side are all the hassles you have to go thru when you come back from your birth country.

example:

1. Will the immigration from your birth country (Philippines) allow you to leave without giving you problems.

2. US immigration recognizes the H1B but may question you because it may seem like you came as a tourist with an intent to look for a job here in the US without any plans of ever going back to the Philippines.

You will still be able to travel to and back but it can be pretty nerve wracking once you're detained and questioned.

I chose to not leave at all and waited until I got my green card before making plans to leave the US for this one and only reason : Its easier to travel in and out of the US with the permanent resident or green card in your hand. No more questions and long lines to wait in.

Again, its a personal choice and not because I was afraid of not being able to come back to the US.

If you still have more questions, you can always ask your immigration attorney =)

Best of luck.

[Harsh_77 716]

As far as I know, when you have your H1B, you CAN go back to your birth country for a visit but the only down side are all the hassles you have to go thru when you come back from your birth country.

example:

1. Will the immigration from your birth country (Philippines) allow you to leave without giving you problems.

2. US immigration recognizes the H1B but may question you because it may seem like you came as a tourist with an intent to look for a job here in the US without any plans of ever going back to the Philippines.

You will still be able to travel to and back but it can be pretty nerve wracking once you're detained and questioned.

I chose to not leave at all and waited until I got my green card before making plans to leave the US for this one and only reason : Its easier to travel in and out of the US with the permanent resident or green card in your hand. No more questions and long lines to wait in.

Again, its a personal choice and not because I was afraid of not being able to come back to the US.

If you still have more questions, you can always ask your immigration attorney =)

Best of luck.

In that case OP would not be able to travel for like 7-10 yrs

OP check for the GC timeline its not moving like 6 months from you getting H1...

[Boiler 45,294]

The next round of H1's will not be until 1st October, how would you stay in status?

[Harsh_77 716]

If your H1 was not applied and approved last year then - you will have to be in legal status when your employeer applies.

If you are out of status when you apply for H1 I dont think your H1 would be approved.

[missyouhoney 1]

the law says that u cannot look for a job or work under the tourist visa, i don´t think u will b able to get a work visa ´coz immigration will check the dates and they will find out that you overstayed and applied for a job. In fact, i think u r in trouble man. Good luck.