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Q: Visa stamping in a non-home country ( Answered,   0 Comments )
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Subject: Visa stamping in a non-home country
Category: Miscellaneous
Asked by: ggs1234-ga
List Price: $10.00
Posted: 03 Apr 2006 00:45 PDT
Expires: 03 May 2006 00:45 PDT
Question ID: 714872
I am on a H1B visa which expired back in 2004. My I-94 expires only in
2007. In the meantime, I have to go to Denmark on business. I do not
have time to go to my home country to get my visa stamped. Can I get
my H1B stamped in US consulate or embassy in Denmark, while I am
there? Keep in mind that Denmark is not my home country. Is there any
rule that I have to get my H1B stamped from my home country?
Answer  
Subject: Re: Visa stamping in a non-home country
Answered By: hummer-ga on 03 Apr 2006 07:42 PDT
 
Hi ggs1234,

"Is there any rule that I have to get my H1B stamped from my home country?"

No, the only rule is that your H1B is stamped by a U.S. consulate
outside the U.S. In order to do this, you will need to make an
appointment with the Embassy in Denmark. Make sure you have all of the
required documents before you leave the U.S.

1. Valid passport
2. Form I-797 (original & 2 photocopies. Be sure to keep the original)
3. H1b petition photocopy
4. Letter from employer (see sample below)
5. Last 3 months of pay stubs or direct deposit Payroll Deposit Advice
6. I-94 

Can an H-1B alien travel outside the U.S.?
Yes. An H-1B visa allows an alien holding that status to reenter the
U.S. during the validity period of the visa and approved petition.
http://uscis.gov/graphics/howdoi/h1b.htm#travel

H-1B TRAVEL
"An H1B employee traveling outside the U.S. should be certain to have
all necessary documents for entry into all countries he or she intends
to visit and for re-entry into the U.S. Obtaining or extending H1B
status through petitioning USCIS will NOT grant or extend an H1B visa
stamp in an alien's passport. If an H1B visa stamp needs to be
obtained, it will be necessary for the employee to present a valid
passport, the original Form I-797, a copy of the H1B petition, and a
letter confirming current employment to a U.S. Consulate or Embassy
outside the U.S. All H1B visa stamps must be issued by a U.S.
consulate outside the U.S."
Travel checklist
# Valid passport with valid H-1B1 visa stamp (if visa stamp is no
longer valid, then H-1B1 employee must apply for an H-1B1 visa stamp
before re-entering the U.S...)
# Original top portion and bottom portion of I-797 approval notice
# 2 photocopies of entire I-797 approval notice
# 1 photocopy of entire I-129 filed by Emory University (ONLY
NECESSARY WHEN APPLYING FOR H-1B1 VISA STAMP)
# Past three months' payroll deposit advice
# Letter(s) of support from H-1B1's [employer] (one letter for the
U.S. Consulate if applying for an H-1B1 visa stamp and a second letter
to the Customs and Border Protection to use upon re-entry to the U.S.)
stating the following:
[snip]
http://www.emory.edu/ISSP/scholars/h1b/travel.htm

Sample Employer Letter for revalidation
http://www.immihelp.com/docs/revalidateempletter.html

Denmark Embassy
If you have all the necessary documents for your interview,
BOOK YOUR APPOINTMENT: 
http://www.usembassy.dk/Visas/NonimmigrantVisa/OnlineBooking.htm
(You can only book appointments up to two months in advance.) 
American Embassy Copenhagen
Dag Hammarskjölds Allé 24
Copenhagen 2100 
Denmark
Tel: (45) 33 41 71 00
http://www.usembassy.dk/Visas/NonimmigrantVisa/checklist.htm?Submit=Book+an+Appointment

H-1B  Travel Regulations
"If you do not have a valid H-1 visa (and are not a Canadian citizen),
you will need to apply for a visa at a U. S. Consulate overseas. You
will need items 1,4, & 5 above. Remember, it is easiest to obtain a
visa in your home country. If you have ever stayed beyond the date
allowed in the U. S., you may be required to go to your country of
citizenship or permanent residence in order to obtain a visa for the
U. S. Do not give the original I-797 to the Consulate when applying
for a visa. Bring the original to present to the consular officer but
leave only a copy of the I-797 with your application. You may need the
original I-797 in the future and it is extremely difficult to replace.
If you are traveling to a country other than that of your citizenship
(commonly called a "third country"), always call the U. S. Consulate
in that country before leaving to determine what the procedures and
time-frame for obtaining a visa, as each Consulate may request
different documents to issue the visa. If difficulty in obtaining the
visa is foreseen, you may wish to have the United States Citizenship
and Immigration Services (USCIS) attest to your H-1 status in the U.
S. by requesting a cable to be sent to the U. S. consulate in the
third country. This is done by filing an I-824 Request for Consulate
Notification..." [by your employer].
http://www.columbia.edu/cu/isso/faculty/H_dpt_mgr/H1B_travel.html 

Form I-824, Application for Action on an Approved Application or Petition
http://uscis.gov/graphics/formsfee/forms/i-824.htm

I was glad to work on this for you. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.

Thank you,
hummer

Google Search Terms Used: uscis h1b visa stamp travel expired "home
country" denmark consulate
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