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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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Dear XXXXX, I had asked you a question earlier, about my wife

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I had asked you a question earlier, about my wife who is on an H1b visa and travel. Just one more follow up question.
1. Her passport is not stamped with the H1b visa yet since she has not left the country while she was on the J1.She does have all the paperwork form immigration that states she is on a H1b visa.
When she leaves the country with the 1-131 form does she still need to go to a US embassy outside the country to stamp her passport in order to be able to return?
Hi Mike,

Thanks for requesting my assistance. And thanks for your positive review of my customer service.

If she wants to return on H1B, then yes, she will require an H1B visa stamp to continue working on H1B status.

One way to avoid this directly is for her to get approval of form I-765, Application for Employment Authorization (Category (c)(9)). That way, she can return without an H1B visa and work with any employer she wants to, including her H1B sponsor.

Also I just want to clarify that she will not travel with form I-131. She will travel with a Travel Document that she gets only by getting approval of form I-131.

Note that both the I-765 and I-131 do not require a fee if they are submitted in conjunction with form I-485.

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