More details to this question:
I came to US on B1/B2 visa which is expiring in Sept 2015. Meanwhile I got a job and my employer filed H1B for me, which is also approved and status change letter also is received by me. Is it now a must for me to return to home country before B1/B2 expiry date for stamping of H1B? or I can do that any time later say December 2015? Similar status is for my spouse, whose B1/B2 status got approved to H4 dependent visa. Can my spouse also stay with me till Dec 2015?
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The timing of when to return to the home country for visa stamping is up to you and your spouse. You are both legally in the U. S. as you both received changes of status to H-1B and H-4. I note that some people never leave the U. S. during the time of their H-1/H-4 statuses since there is no obligation for you to leave. There is also the attendant risk upon interviewing overseas of being delayed in going back to the U. S. or worse being rejected for the H-1B visa at the home consulate. .Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 22nd, 2015 at 10:43 AM