How can I get my visa stamped? 3 Answers as of February 21, 2011

I came here in U.S as a tourist visa to take NPTE and was able to extend it twice (June 12,2008 to December 9,2008). However my second extension got denied but one employer filed for me for H1b and I got approved. They want me to leave the country to get a visa stamped. But I was not able to leave the country since I got denied at the Canadian embassy. In my paper it says a petition for H1b was approved for October 2009 – October2012. Is there any way I could still open the case? Thank you.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You can go to the your home country to obtain a visa provided you have not accumulated more than 180 days out of status. If you have too much out of status time you would also need a Sec. 212(d)(3) waiver. You need an immigration counsel to advise you on these complicated issues.

If you would like a consultation on the facts of your specific case feel free to contact me as indicated below. I do charge for consultations but whatever you pay for the consultation would then be a credit toward the fees for your case if we are retained for services after the consultation.
Answer Applies to: California
Replied: 2/21/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Nope. You will have to wait for your H1B to be effective before you can try again. Nobody is beyond the law, generally speaking. Good luck!
Answer Applies to: Florida
Replied: 2/2/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If your request to change your status from B1/B2 to H1B was denied, then you have been out of status since your last B2 expired. That fact that you may have an approved H1B petition from 10/2009 to 10/2012 does not permit you to remain or work in the US. Only an approved CHANGE OF STATUS would do so or obtaining an H1B visa in your passport from a U.S. Consulate. Therefore, since you have been out of status for more than one year you are inadmissible to the US and will be barred from returning for 10 years if you leave and apply for an H1B visa. There is no reopening of the decision to deny your change of status at this time.
Answer Applies to: California
Replied: 2/2/2011
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