H-1 B VISA STAMPING

In order for you to reenter the U. S. with the H-1B approval, you are required to obtain an H-1B visa from an American consulate or embassy unless you are a Canadian national. The H-1B visa contemplates dual intent in the sense that you can be issued such visa even if you have immigrant intent so long as the consular officer believes that you will leave the U. S. at the time that your status expires if you have not yet been granted your permanent residence. Your chances at interview for an H-1B visa would likely be good as long as the consular officer did not believe that you committed misrepresentation in obtaining your initial visa to come to the States. If the interview fails, you can contest the determination either with the consular officer’s superiors, the Department of State, or U.S.C.I.S. dependent upon the circumstances of your case. As long as you are in legal status, you are allowed to work in this country without the need for visa stamping. A visa stamp only indicates the periods of time under which you can travel in and out of the country. The time that you are allowed to stay while you are here is governed by U.S.C.I.S. and is indicated on your H-1B approval with the I-94 attached to it. 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.  

Hello. If you intend to return and work on the h1b, you must get the stamp. Since your F1 is expired, you would need a new F1 and valid I-20 to enter back as an F1 and work under the OPT. Since you have a an F-2B filing, it is best to process the H1b, because the H1b allows dual intent and immigrant applications. Best of Luck.