Applying for H1b without going to home county; travelling without H1b stamped

[DrQamar 0]

Dear all,

I am in a bit of a pickle in regards to the visa issue. I am a doctor currently in the process of getting a medical residency here in the US. My citizenship is Pakistan and I am currently on B1/B2 visa, and my visa expires on March 21st, 2015. I am going to be applying for hospital programs that sponsor H1b, and hopefully I'll get it. Unfortunately, the so called 'Match' day where I get to know which hospital I'll be working is also 21st of March, 2015 i.e the last day of my visa is the same as my date to get a definitive answer of where I matched. With that much of background, here are the issues I am facing. I promise I won't take much of your time.

1. As I know, I cannot get the H1b stamped within the US. I can stay there on a legal status, but then I'll be stuck (residency is around 3 years) and won't be able to travel outside. I desperately will need to travel somewhere in the next year for personal reasons. I have heard that travelling to Pakistan to get it stamped is a bit risky, since they may deny the visa. How true is this? You have all seen the recent news, and I don't know if the US consulate in Pakistan may deny the visa for any reason or put it to processing and I miss the deadline to start residency.

2. Is there any way I can get my passport stamped anywhere else like Canada/Mexico?

3. If I opt to stay in the USA, can I get any sort of document that will allow me travel and return to US even though my passport isn't stamped?

4. My visa expires on the same day as the results day as I mentioned above. Can I apply for extension of my i-94 so that at least I am in the legal status till the hospital begins the H1b sponsorship process? (assuming I enter US somewhere in October, they will give me an i-94 till March-April 2015 I believe)

5. Any other advice you guys can give me for my problem?

Please, can anyone clear these issues for me? I have to take really important decisions and this will help me a lot.

Thank you so much. My utmost regards to everyone!

QA, M.D

[Boiler 45,910]

The date that matters is the period of authorised stay, you could enter a month before your visa expires and still be able to stay beyond the visa expiry.

[Mollie09 1,543]

1. Your visa won't be any more likely to be denied in Pakistan than it would be if applying anywhere else. If anything, it's better to apply in your home country because the IOs are more familiar with your documents/background.

2. Yes, but see above as to why that may not be a good idea. You'd have to have a visa to Canada, and they are more likely to deny a non-Canadian. Nothing to worry about if your application is solid. Same for Pakistan.

3. No.

4. Your visa expiring has nothing to do with your authorized stay. If your authorized stay expires that day you could apply for an extension, but the fact that you'd be extending a tourist visa with intent to stay longer may get you denied. And your extension would only be for an additional 6-months at most.

5. Why do you need to enter as a tourist before your H1B is valid? Get a sponsor, get your H1B stamped in Pakistan, and enter the US in October.

[NancyNguyen 1,658]

Apply H1B from Pakistan, there is no such guarantee your H1B application would be approved this year.

[DrQamar 0]

"5. Why do you need to enter as a tourist before your H1B is valid? Get a sponsor, get your H1B stamped in Pakistan, and enter the US in October."

Well, I'll be in US from October 2014 till Jan 2015 cause of the interview season. You get the answer on the 21st March 2015. And the hospitals are exempt from the national H1b cap. They process what is known as 'expedited H1b form'. Many of my friends got visas directly on May/June itself and started working in July.

Edited September 11, 2014 by DrQamar

[Mollie09 1,543]

Extending your B2 is tricky and could backfire. You should go back after your interviews and come back after H1B stamping.

If you insist on staying, you should read up on http://www.uscis.gov/i-539

[Boiler 45,910]

I thought some Hospitals were exempt, the non proft ones, do they always go for a H? I thought some did a J.

[AnotherLostSoul 167]

OP: you're better of coming for the interview, and go back home and get your H1B from there, and come back. Just a way straighforward, cleaner way that way.