H-1B Visa Stamping

Now that you get your H-1B approval when you are inside the United States and begin working on your H-1B visa. However, you need to go back to your home country for a family emergency. But you don’t have a H-1B visa stamp on your passport. Do you need a H-1B visa stamp in order to return to the United States for your work and your life? 

Yes you do. Even when you have already changed your status within the US, having an approved H-1B visa does not mean you will be given automatic entry into the United States. When you arrive at any port of entry (airport or checkpoints), you will have to undergo security clearance before you can be allowed to enter the country. Your visa stamp is one of the requirements to prove that you have valid authorization to travel to the United States and the visa you have dictates whether you are permitted to work while you are in the States. 

So now you need to apply for a H-1B visa stamp. What do you need to do or to bring to get a visa? 

 

Step I: Interview Scheduling

You will need to:

  1. Acquire Passport Style Photos: Please go to our blog post for passport-style photo https://www.fickeymartinezlaw.com/passport-style-photo-form/ 
  2. Complete Form DS-160 online at https://ceac.state.gov/GENNIV/default.aspx or at the US Consulate website where you intend to go;
  3. Schedule an non-immigrant visa interview; 
  4. Pay $190 Consulate Processing Fee

 

Step II: Prepare and Attend the Visa Interview

Documents to bring with you:

  1. Original I-797 H-1B Approval Notice
  2. Current & Previous Passports
  3. Completed Form DS-160 Barcode
  4. Employment Verification letter from the current employer confirming your employment (Dates of hire, position title, job duties, and salary)
  5. A copy of your CV/Resume
  6. Recent 3-6 month Pay Stubs and prior W-2s (if applicable), showing the past and recent employment
  7. Recent 3-6 month bank statements
  8. The H-1B Package filed with the USCIS, must have
    1. Signed Form I-129
    2. Certified LCA
    3. Other related documents: diploma and transcripts

If your spouse or child(ren) needs to get a H-4 visa stamp, they should bring the following documents: 

H-4 Visa Interview Documents:

  1. Original Marriage Certificate with the H-1B Beneficiary
  2. Original Birth Certificate of each child
  3. Original H-1B I-797 Approval Notice (if H-4 applying separately)
  4. Copy of H-1B beneficiary’s passport with H-1B visa stamp  (if H-4 applying separately)
  5. Original H-4 I-539 Approval Notice (if applicable)

We could only list the general document requirements for H-1B visa stamping. Please inquire at the U.S. Consulate in your country whether they are open for non-immigrant visa interview appointments and about which documents are needed. Lists might be different in each country. Before going in for your interview, please make sure you are well prepared and take all relevant documents with you.  You will need to know all your materials and the information in the forms in order to answer all questions confidently and honestly. 

 

Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

 

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From F-1 Student to H-1B Worker: Things to Note