# H1B stamping during the validation trip



## giri26 (Jul 18, 2011)

I will have to travel to Australia this year to validate my Australian PR. I was wondering if I could get my H1 B visa stamped from there even though I have never lived in Australia and this would be my first visit. Will there be any issues?

If anyone was in similar situation please share your experiences with the documents to carry. I was hoping to get a longer duration for the first entry but unfortunately I dont have too much time right now to go to India and get my H1 B stamped. Any inputs will be welcome.


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## mandhani (Jun 17, 2010)

giri26 said:


> I will have to travel to Australia this year to validate my Australian PR. I was wondering if I could get my H1 B visa stamped from there even though I have never lived in Australia and this would be my first visit. Will there be any issues?
> 
> If anyone was in similar situation please share your experiences with the documents to carry. I was hoping to get a longer duration for the first entry but unfortunately I dont have too much time right now to go to India and get my H1 B stamped. Any inputs will be welcome.


I was looking for the answer to same question and look forward to any reply from first hand experience,

I am thinking of doing the same once my 175 is approved.


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## stormgal (Sep 30, 2009)

I thought that H1B's are for people who are going to work temporarily in the US. But if you're going to move to Australia, won't that defy the purpose of the visa? I'm just curious


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## giri26 (Jul 18, 2011)

I don't think it will as I will still hold a valid job in the US and Australia is something where I am going to eventually move. Since I dont have enough time to make the complete move I will have to return to US to finish things off and which will take about an year as I have a home and all in the US. As long as I have a qualifying job and proper papers, I don't think I will be violating any terms as there are so many H1 B holders who hold Canadian PR.


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## onlyassignments (Aug 22, 2011)

I dont think it is a good idea, and with the love and hate relationship between h1bs and USA, they might just deny you for no reason. It is always best to go to your home country for stamping h1b.


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## stormgal (Sep 30, 2009)

giri26 said:


> I don't think I will be violating any terms as there are so many H1 B holders who hold Canadian PR.


oh no, that's not how I meant it (i'm not a cop lol) - what I mean is depending on what they ask you, you may have to give up one to continue the other.


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## smartypants (Sep 22, 2011)

If I were you, I'd stick to Canada or Mexico - the usual destinations to get this done. I'm assuming you have your petition approval letter in hand and you just want to show that and get a visa stamp on your passport to allow you to re-enter the US.

Getting it done in Australia may work too, but do you really want to take that risk? What if they only do stamping for Australia/NZ passport holders? 



> oh no, that's not how I meant it (i'm not a cop lol) - what I mean is depending on what they ask you, you may have to give up one to continue the other.


The restriction the H-1B comes with is that you have to work for the sponsor 365 days a year in the US. It's like the 457 visa. It's valid for 6 years max. The restriction that the Australian PR comes with is that you have to move to Australia in 5 years time. So yes, as stormgal says, you'd need to give up one of them _eventually_. For now though, if you're just activating the Australian PR visa, you're okay - you have 5 years to decide.


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## mandhani (Jun 17, 2010)

Thanks for your inputs.


People are aware that one has to let one go eventually and it may be OZ PR as well if US GC seems to be on the way particularly given category is EB2.Sorry if sounds offending because staying in US for 3-5 years give understanding of the limitations and advantages as well.

:focus:The only point of interest is how easy OR how difficult it is for a OZ PR holder to get stamping done.More like first hand experience.

In addition, the focus is to combine the validation trip with stamping trip.

I am assuming that OP also has the same intentions/question as posted in last 2 points by me.


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## onlyassignments (Aug 22, 2011)

I think your best bet will be to email the US consulate in Australia to find out if you can apply from there. even if you can, US consulates have something called PIMS verification for H1b's and i have seen my friends get stuck for weeks, even months during this verification. If you are not a direct hire, then you will need more paperwork, client letter etc,


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## giri26 (Jul 18, 2011)

Well I guess my only option is to go back to my home country for stamping. I am a direct hire and work for a top 3 Indian firm in the US. I have had no issues during stamping and I have done it 3 times till now. I have a US masters and GC is not even in my consideration. I just want to have more time so that I can clear everything here and land in Australia. My motive is to never step into US to take care of any unfinished business once I leave the shores.


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