Naveen Reddy

Hello all,
I came to the US from India in 1998 on a F-1 Student Visa to pursue my
Master's.
In 2000, I left school(without completing the degree) and decided to
take up a job offer. I'd converted to H1 then.

I need to visit India now and am being told that I need to convert my
single entry H1 to Multiple entry. For this, I was told to go out of
the country and get the passport stamped.

1) Do I have to go back to India for the multiple entry?
Can I do it in the consulates in Canada, Mexico etc.?

2) What are my options if I donot get the multiple entry visa, will I
be allowed to go back to USA, from whichever country I'm trying to get
the Multiple entry stamped? I still hold a valid H1.

3) Whats the rejection rate for this kind of cases?
Will the fact that I havent completed my Master's be a big enough
issue?


Thanks for any guidance,
Reddy

Ingo Pakleppa - See Web Site For Email

On Sat, 03 Jan 2004 08:44:25 -0800, Naveen Reddy wrote:

    > Hello all,
    > I came to the US from India in 1998 on a F-1 Student Visa to pursue my
    > Master's.
    > In 2000, I left school(without completing the degree) and decided to
    > take up a job offer. I'd converted to H1 then.
    >
    > I need to visit India now and am being told that I need to convert my
    > single entry H1 to Multiple entry.

The idea is correct, just let me clarify the terminology as it could cause
confusion. You actually do not have a single entry H-1B visa. Since you
changed status to H-1B after you arrived in the USA, you didn't need a
visa.

It may also help you to visit my FAQ page at http://www.kkeane.com and
understand the difference between visa (which you don't have, but will
need for your trip) and status (which you do have).

    > For this, I was told to go out of the country and get the passport
    > stamped.

Correct.

    > 1) Do I have to go back to India for the multiple entry? Can I do it in
    > the consulates in Canada, Mexico etc.?

You can *try* to do it in Canada or Mexico. I don't think it is a good
idea, though. The problem is that there are several different possible
outcomes:

- you are granted the visa the same day. This would be the lucky outcome,
and a friend of mine (also Indian citizen) did succeed with this recently
in Tijuana.

- you are granted a visa, but it takes a few days. You would be stuck in
Canada or Mexico

- the consulate tells you that they cannot issue you the visa, and you
have to apply in your home country. In this case, you would have to travel
directly from Canada or Mexico to India without touching US soil - and you
will probably have to buy the ticket on short notice, so it will be very
expensive.

    > 2) What are my options if I donot get the multiple entry visa, will I be
    > allowed to go back to USA, from whichever country I'm trying to get the
    > Multiple entry stamped? I still hold a valid H1.

No. That's the whole point of getting a visa. You only hold a valid H-1
until the day you set foot outside US soil (there is an exception for
certain trips to Canada or Mexico, but unfortunately that doesn't apply to
you).

    > 3) Whats the rejection rate for this kind of cases?

I don't know, and it's meaningless because rejections aren't random. If
your case is strong, it will go through no matter what the rejection rate
is, and if your case is weak, it will get denied. The rejection rate
merely depends on how many strong vs. how many weak cases a consulate
sees.

    > Will the fact that I havent completed my Master's be a big enough issue?

No. As long as the H-1B petition was approved, your visa will also be
approved. There can still be a couple of hitches. The primary ones are
that the consulate might demand to see more evidence; do be prepared for
your employer to send you more documentation if needed, and that the
consulate may delay your visa application (in most cases, it takes just a
few weeks, but in some cases, it can take several months).