The Complete Guide Process To H1B Visa Stamping

For temporary US employment, the H1B visa is common. They may want to travel or earn more abroad.

An H1B non-immigrant US work visa may be available to highly educated and skilled professionals. This means that you could work in the US for a maximum of six years.

H1B visa applicants know that US employers start the procedure. Employers must ask the US government to hire foreign workers. The H1B visa article lists all the requirements for this visa.

H1B visa holders can qualify for an American Green Card, another benefit. H1B to Green Card post explains how to get it.

H1B visas require additional steps. You can apply for a visa if you and your employer have a Form I-797 or Labor Certification and an approved Form I-129 USCIS petition. After your interview, the US Embassy will tell you if you acquired the visa.

If you receive an H1B visa, you must apply for stamping. We explain how to accomplish this step below.

What is the H1B Visa Stamping?

H1B visa stamping is the last step to going to the US under a H1B visa. When you get to the US, you will need to undergo security clearance from US Immigration. The officers will do the following:

Check your documents

US immigration is in charge of admitting you to enter the country. Even if you obtain a visa, this does not guarantee that you will be allowed to enter. As a result, they will thoroughly review all of your documents to ensure that you have met all of the requirements.

Ask you questions

They also want to know why you are in the US and what you will be doing there. So they will ask a few questions and you need to answer as best you can. If they suspect you are hiding something or are providing untruthful answers, they will either deny you entry and send you back to your home country, or they will conduct a more extensive interview.

Check your belongings

Your bags will be heavily inspected. The authorities will check your bags for illegal items and US-prohibited items. Thus, knowing what you can and cannot bring is crucial. Police can search your bags if they suspect you have contraband.

After these three stages, US immigration authorities will let you in. Your visa entrance and expiration dates will be on a Form I-94. They will initially check your passport for a US stamp.

The visa stamp shows that you completed all application steps and that the US Embassy in your country approved your entry. The US Embassy, Department of Labor, and USCIS have unanimously approved your H1B visa petition, allowing you to work in the nation.

Since you’re trying to enter the nation illegally, US Immigration won’t even check you without the stamp. You’ll return home quickly.

When to apply for H1B visa stamping?

Stamp applications have deadlines. You could lose the stamp if you apply early or late. H1B visa attorneys know when to finish these steps. Your US Embassy attorney can answer H1B Visa Stamping questions.

US employers give you a document stating your start date. This date will tell you when to apply for H1B visa stamping. Apply 90 days before starting work in the US.

This implies you can apply for the visa in early May if your employment starts on August 1. Since processing dates vary by nation and the US Embassy may not provide you the stamp on time, apply as soon as you are eligible.

H1B Visa Stamping Documents

To qualify for your H1B visa stamping, you should fulfill these criteria:

• Have a valid passport – which should continue to be valid for 6 more months after your H1B visa expires. If your passport expires earlier, you should apply for a new one before starting your H1B application.
• Successful medical examination – before you go in for your H1B stamping, you should undergo a medical examination. This means that a licensed doctor has done a full check up which is required by the US Embassy and that you are healthy and in good condition to work.

Before you get your visa stamp, you also have to submit a complete set of these documents:

• A completed DS-156 Form which must be signed by the applicant
• A completed DS-157 Form
• One photograph taken within the last six months
• The USCIS approval through Form I-797
• The original visa petition through Form I-129
• The Labor Condition Application (LCA) from the Department of Labor
• Letter from your US employer with details about your job position, salary, and job description
• Company information of your US employer with photographs, address, prospectus, brochures, and annual report
• Letters from previous employers to prove your work experience
• Diplomas and certificates of your academic qualifications
• Your resume or curriculum vitae (CV)
• Your current address in your home country
• Bank statements for the last three months
• Receipts that you have paid all applicable fees
• Your Social Security Number (if you already have one)

Besides these documents, US Embassies in different countries might require additional ones. You should contact them to ask if they need more documents and also consult with your attorney.

When can I enter the US with an H1B visa stamp?

The US Embassy may grant you an H1B visa if you provide all the required paperwork. However, you may wonder when you can enter the US with the stamp.

H1B visa holders can enter the US 10 days before starting work. Form I-797 shows your commencement date.

After receiving the visa stamp, you can book your flight within 10 days. US Immigration won’t let you in before 10 days. If your Form I-797 starts on June 1, you cannot enter the US before May 22nd.

H1B visa re-stamping

Renewing your H1B visa requires re-stamping your passport. An H1B stamping cannot be done within the US. This means that you cannot stamp your H1B visa in the US Consulate if you are applying for it or renewing it.

To re-stamp your H1B visa, follow the same steps as previously, however the embassy may request extra papers. For H1B visa re-stamping, you must leave the US and return preferably to your home country.

H1B visa stamping rejection

The US Embassy might also deny H1B visa stamping. Missing or requested documentation could cause this.

Rejected visa stamps prevent US entry. Since US immigration will deport you at the port of entry, don’t buy your ticket.

Reapply for visa stamping and get an appointment to fix this. You should consider any US Embassy information and provide any further documentation they need. Consult your attorney for advice and document assistance.