Legal Question in Immigration Law in California

H1B Travel (Urgent ) - Please Help, Family Emergency!!!

Hi,

I have a H1B but I do not have a stamp on my Turkish passport. I currently have a family emergency and I need to leave the country to Turkey ASAP. Will I have trouble returning to the U.S. without the stamp as long as I have valid proof of employment? If not, what do I need to do to expediate the travel process by August 5, 2006?

Thank you so much for whatever help you can provide!

--name removed--Cakir


Asked on 6/06/06, 11:58 pm

2 Answers from Attorneys

Re: H1B Travel (Urgent ) - Please Help, Family Emergency!!!

I assume that you mean that you do not have an H-1B visa in your passport, and that you obtained the H-1B through a Change of Status. As long as you are still working for the same employer that sponsored you for the H-1B,and you have no "overstay" issues in any other status, then you should be able to travel abroad, but to re-enter the US you will have to obtain an H-1B visa in your passport. In order to do that, you should provide the H-1B documentation that was initially provided in your H-1B case, and current documentation showing that you are still working for the employer. You should contact the attorney that handled your H-1B petition to get further information. If you need further assistance in applying for the H-1B visa at the consulate, you can contact our Law Offices in San Francisco.

Law Offices of Jennifer Brill, email [email protected]

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Answered on 6/07/06, 2:17 pm
Larry L. Doan Law Office of Larry L. Doan

Re: H1B Travel (Urgent ) - Please Help, Family Emergency!!!

When you say you don't have a stamp in your passport even though you have "a H1B", presumably you mean that you changed to H-1B status while in the U.S. and never had the H-1B visa in your passport. In that case, you can travel back to Turkey, but before you come back, you have to apply for the actual H-1B visa at the U.S. consulate in Turkey. As long as you're still working for the same employer-petitioner, the consulate should issue the new visa. You should contact the previous immigration attorney who got you the H-1B to give you a copy of the petition package and supporting documents because the consulate will want to see those.

Larry Liem Doan, Esq.

www.GuruImmigration.com

Note: The above response is provided for legal information only and should not be construed as legal advice. Such advice can only be rendered after an attorney-client relationship has been expressly established with appropriate payment of valuable consideration. If follow-up advice is desired on a particular situation, a paid consultation can be arranged.

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Answered on 6/07/06, 1:14 am


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