Reapplying H1B being in US - Need to go out?

Hello Team,

I was on H1B visa with an approved I-140, my current H1B validity expired in Aug this year and unfortunately my extension request got denied. As a result, I have applied for L2 dependent visa and EAD based on my wife’s L1A visa, and still waiting for it.

My Query is, another employer is ready to file my fresh H1B visa, so in that case, do I have to go back to my home country to get the stamping done or can I continue working based on the H1B’s application result?

You do not need to go back to home country. Once you get H1B approval, you can work. You will get a New I-94 along with the change of status with expiration date, that will be your proof of H1B status. If you want to exit and re-enter US on H1B, then you need H1B stamping.

Thanks Kumar, this helps!

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