H1B Status

[mel-usa 0]

Hi,

I came to the States in 2001 on a Student visa. I proceeded to get my Masters, get a job on OPT and then H1B status in 2008. It just got renewed again earlier this year for another 3 years.

I have not left the States since 2003 so while I have H1B status within the States I know I will have to leave the States to get an H1B visa. I am currently a marketing manager at a software consulting firm and would like to go home (India) to visit this Christmas. However I am worried to leave the country because I will have to go through the interview process again and concerned that I may not be allowed to come back because you have to prove that you want to go back to your country of origin.

Will staying in the US for the past 8 years work negatively against me in applying for an H1B visa? Additionally should I go to Canada instead to get the H1B stamp or India? Lastly will applying for a green card before I go for an H1B visa stamp affect the interview at all? The firm I work for is a small 8 person company. They have never sponsored anyone for a green card before and this was the first time they hired someone via a work visa. I really want to go home but don't want to jeopardize my chances of coming back.

Any advice is greatly appreciated. Thank you

[Deep2009 18]

You have to go to India for "FIRST" stamping on the passport (rule change from 2008, consult with lawyer if this has changed after 2008)

You will go through interview process like any other person but you have a strong supporting documents from your company.

Even for person, who has H1B stamping on passport, got extensions on H1B... they have to go through interview and they can do it from Canada

Good Luck

[Deep2009 18]

One more update from one of my buddy-

If you are a consultant and works at the client site, your stamping process will be more rigorous as compared to the full time employee of the company (who does not work at client site).