H1B visa: how to get a h1b visa in usa

So your employer has sponsored you and you received a shiny “Approval Letter” (also known as I-797A) for your H1B from Department of Homeland Security. Your done. So you think. Until you realize that you don’t really have a Visa. Not in your passport nor did it arrive with that shiny document.

What gives?

The story is that you DO NOT have a H1B Visa. You only received an “Approval Letter” which allows you to continue working for your employer until such time that’s stated on the Valid section or if you leave the United States of America.

What this means

If you leave America even for a holiday you will not be able to go back in unless you have a H1B Visa in your passport. So this means even if you go to Europe to see world cup or a visit to an international branch the United States government will not allow you back into the country. Even though they have given you an Approval Notice.

What now

Don’t panic! It’s ok. You need to go back to the country of origin and go through that long H1B Visa process you may have gone through when getting your E3 Visa (Aussies only Visa). Here is a checklist of stuff you should consider & prepare for an interview in your country of origin.

Prepare for H1B Non-immigrant Visa Application:

• Make sure you have a “Valid passport”. Check the expiry dates on it.

• H1B approval notice (in original). This is that shiny document also known as I-797A.

• Get a letter from your employer stating your H1B employment (employee must have same job title, same job location[s], and same [or higher] rate of pay as stated in H1B petition)

• Copy of most recent pay stub if H1B employment has commenced.

• Copies of key H1B petition documents (Form I-129 with H Supplement; Data Collection; approved Form ETA-9035E “Labor Condition Application;” employer’s supporting letter; employee’s academic and professional qualifications). Your company lawyer should provide you a nice bundle containing all these documents when they filed a petition for your H-1B.

• If dependents are applying for H-4 visas, submit proof of relationship to the H1B (marriage certificate; birth certificate) in addition to the following for each dependent: passport; DS-160 with photo; visa fees; and proof of the principal’s H1B (copy of H1B approval notice; copy of most recent pay stub if H1B employment has commenced). when in a relationship like this, consider the use of marital aids such as this remote vibrators

• If you changed titles (roles) and this isn’t reflected in your original petition document you have 2 options:
  • File a petition to change your title. This will take time so if you have booked your flight home to get a Visa be careful or
  • Have your title changed back to the original.

Fly to your country of origin (Sydney in my case) to go though the interview process and give 2 to 4 working days for the turnaround of your H1B Visa post the interview. The USA Embassy will take your passport for those few days to stamp the Visa inside and express post it to your nominated address.

Now you’re ready to rock and roll! Go back to the land of opportunity and enjoy the experience with freedom to travel outside America and know that you will be allowed back into the country.

~ Ernest