The lawyer told me that if my H1B visa is issued from outside USA, then I do not have to get H1B stamp in CA.
However, if I got H1B transfer from F1 in USA, and never go back China/other countries get H1B stamp, then I have to get H1B stamp when I back from Canada. Is that true?
-Not true. Your lawyer does not know this Automatic Visa Revalidation Rule well.
Read the following (red color part) from:
http://www.americanlaw.com/revalid.html
AUTOMATIC EXTENSION OF VALIDITY AT PORTS OF ENTRY.
- Provided that the requirements set out in paragraph (d)(2) of this section are fully met, the following provisions apply to nonimmigrant aliens seeking readmission at ports of entry:
- The validity of an expired nonimmigrant visa issued under INA 101(a)(15) may be considered to be automatically extended to the date of application for readmission, and
- In cases where the original nonimmigrant classification of an alien has been changed by INS 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.
I never leave USA after I transfered to H1B from F1 in US.
