Thanks for your quick inputs. I went to the DOS web site (http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html#) and read the auto visa revalidation regulations. Now, I believe I found the answer to my question 2. I could apply for the auto visa revalidation even I do not have the H-1 stamp:
“In cases where the original nonimmigrant classification of an alien has been changed by USCIS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.”
Apart from what you listed to qualify for the visa revalidation, it requires the nonimmigrant alien who:
(iii) Has maintained and intends to resume nonimmigrant status;
I am really confused with it. If you applied for the I-140, how can they believe you still want to “intends to resume nonimmigrant status”.
“In cases where the original nonimmigrant classification of an alien has been changed by USCIS to another nonimmigrant classification, the validity of an expired or unexpired nonimmigrant visa may be considered to be automatically extended to the date of application for readmission, and the visa may be converted as necessary to that changed classification.”
Apart from what you listed to qualify for the visa revalidation, it requires the nonimmigrant alien who:
(iii) Has maintained and intends to resume nonimmigrant status;
I am really confused with it. If you applied for the I-140, how can they believe you still want to “intends to resume nonimmigrant status”.
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