H1B Stamping [Archive] - Q's Immigration Blog

10102007

08-17-2011, 09:54 AM

All,

One issue that affects most of us while waiting forthe dates to be current is the Stamping issue. We all know about the exhaustive scrutiny and sadism that ishappening these days. I have a few questions:

1. The scrutiny seems to be extremely high for EmP-Vend-client models (EVC).
Does this model violate H1B rules? If yes, why is the USCIS approving it here at the first place. (ie. After verifying all documents by issuing an RFE)

2. This administrative processing seems robe a blackbox. No timeframe is given. Any suggestions on do's and dont's is greatly appreciated.

3. People in similar situations, please post your experiences with the following information.
- # of successful previous stampings
- model (EVC or DCdirect client)
- consulate name
- date
- response (successful/ RFE/ Admin Processing etc.)
- post any other info that may he helpful

gcq

08-17-2011, 10:42 AM

As for whether EVC model is legal, it is legal. Of course USCIS came up with the infamous employer-employee memo which itself is illegal. As nobody has effectively challenged this memo in court, USCIS still uses the memo guidelines while adjudicating H1s.

Why consulates has become so harsh on H1B candidates ? I suspect this is being done at the directive of Obama administration hoping to create more jobs here. Stamping was always unpredictable. Candidates were at the mercy of consulate officer always. Tough economy and Obama administration's efforts to create jobs had made it uglier.

10102007

08-17-2011, 10:50 AM

Obviously we cannot expect any law firm to file a class action lawsuit. Cos if they do that and win, they won't get to earn money on individual cases.

qesehmk

08-17-2011, 10:53 AM

gcq bingo! I think that memo itself is not quite legal because it is discriminatory. Yet another good place for advocacy in my opinion.

As for whether EVC model is legal, it is legal. Of course USCIS came up with the infamous employer-employee memo which itself is illegal. As nobody has effectively challenged this memo in court, USCIS still uses the memo guidelines while adjudicating H1s.

Why consulates has become so harsh on H1B candidates ? I suspect this is being done at the directive of Obama administration hoping to create more jobs here. Stamping was always unpredictable. Candidates were at the mercy of consulate officer always. Tough economy and Obama administration's efforts to create jobs had made it uglier.

10102007

08-17-2011, 10:56 AM

Q,

As normal immigrants what can we do in our capacity to make some noise about this?

qesehmk

08-17-2011, 12:22 PM

2007,

The legality needs to be challenged on the ground that for McKinsey one doesn't have to prove such client relationship. For many other US based consulting company I believe this is NOT a requirement. ... why only discriminate IT consulting companies and that too especially based in India?

I think this involves filing a lawsuit against USCIS. If we were to do it .... we would need some serious funding and a proper organization.

Q,

As normal immigrants what can we do in our capacity to make some noise about this?

10102007

08-17-2011, 12:25 PM

If we were to do it .... we would need some serious funding and a proper organization.

Ok there lies the problem. :). :(

qesehmk

08-17-2011, 12:37 PM

Well its not a problem. I think we can do that if we wanted to - people on this site have frequently asked whether we accept donations. But to accept donations then I have to register as a non-profit and have a proper organization. Personally I am not yet at a stage where I can devote that much time and accept that level of commitment. Besides there are organizations like IV who are devoted to advocacy. I would certainly support them and I would encourage others to do so if these organizations take this issue up.

On this site however our focus is establishing clarity. Sorry if you feel disappointed.

Ok there lies the problem. :). :(

10102007

08-17-2011, 01:11 PM

Q,
I'm not disappointed with your answer. For what you have donE already to the immigrant community, you deserve a billion thanks.

It takes a lot if commitment, money power and group strength to achieve this and people have different priorities. I would have joined the crowd but would not have led one for the same reasons that you mentioned.

gcq

08-17-2011, 01:14 PM

Q,

As normal immigrants what can we do in our capacity to make some noise about this?

From a legal stand point a lawsuit against USCIS will be successful. Reason ? This new employer-employee memo contradicts the basic employer-employee relation as set by the "common law". USCIS cannot have its own definition of employer-employee. It has to follow the standards of common law. That is why winning this lawsuit is a no-brainer.

This lawsuit has to be brought up by some company/individual who is affected by this situation. Surprisingly most of the companies that are affected by this are not willing to take this step. AILA won't take up this issue unless somebody funds it. As far as AILA is concerned, they make more money when getting an H1 is burdensome for their clients.

When this memo came out, large consulting companies ignored it because they thought only small companies in multi- layer contracts will be affected. Then consulates tightened H1 stamping process and large ones were affected too. Then regular american corporations ( read FTE companies ) thought it would affect only consulting companies. Consulates made it difficult for even regular companies to get an H1B stamp.

soggadu

08-17-2011, 01:19 PM

so some one who got effected by this should be in US to file the case right... If they are effected they wont b in US anyways... what do you think...

gcq

08-17-2011, 01:21 PM

so some one who got effected by this should be in US to file the case right... If they are effected they wont b in US anyways... what do you think...
That is the reason companies should fight this. When an employee himself is affected by this, he cannot remain in US.

TeddyKoochu

08-17-2011, 01:36 PM

From a legal stand point a lawsuit against USCIS will be successful. Reason ? This new employer-employee memo contradicts the basic employer-employee relation as set by the "common law". USCIS cannot have its own definition of employer-employee. It has to follow the standards of common law. That is why winning this lawsuit is a no-brainer.

This lawsuit has to be brought up by some company/individual who is affected by this situation. Surprisingly most of the companies that are affected by this are not willing to take this step. AILA won't take up this issue unless somebody funds it. As far as AILA is concerned, they make more money when getting an H1 is burdensome for their clients.

When this memo came out, large consulting companies ignored it because they thought only small companies in multi- layer contracts will be affected. Then consulates tightened H1 stamping process and large ones were affected too. Then regular american corporations ( read FTE companies ) thought it would affect only consulting companies. Consulates made it difficult for even regular companies to get an H1B stamp.

AFAIK the company that filed the lawsuit on the memo lost it (I remember reading on IV / Trackitt). At the ground level the consulates are implementing the memo tooth and nail atleast for the smaller consulting companies. People who got their H1B extension prior to the memo should have had their cases grand fathered but that’s not the case. As soon as the magic combination of India + IT + consulting is seen 221G's are being issued. Frankly really nothing can be done, there are cases wherein H4's have been issued 221G and the cancellation / revocations have been done on the H1B case (I know firsthand about one such case wherein H4 denial triggered H1 cancellation request). So what we can do is to be judicious about our travel to home country, routine travel is best avoided, rather best invite your parents. People from larger American consulting companies are affected to a smaller extent; however we never know when that number might rise. This is another reason why we all wish the dates would move. PS - Iam a PWMB on H1B (IT Consulting) so I can feel the pain first hand.

10102007

08-17-2011, 01:37 PM

That is the reason companies should fight this. When an employee himself is affected by this, he cannot remain in US.

Can't seem to catch a break these days. No GC movement for the next few months. Until then can't go to India if one has to get stamping. Going elsewhere also is risky. Things are very depressing.

Let me state that nobody forced me into this position Nor is someone stopping me fromgoing to India. It's my choice. Just venting out my frustration. Sorry.

TeddyKoochu

08-17-2011, 01:40 PM

That is the reason companies should fight this. When an employee himself is affected by this, he cannot remain in US.

Most companies like individuals like to stay away from hassles their only intent is to protect their business / loss of revenue. They rather like to work over-time to find replacements on GC's, TN Visa or by all other means. Unfortunately in this situation the employee and his family are the ones really suffering. It’s important to have all h1B extension work as compliant to the memo as possible. The era of multi layering is almost over as the requirement to prove that the petitioning company is supervising the day to day work of the employee.

Chilli19

08-17-2011, 02:45 PM

Myself:

- # of successful previous stampings - ZERO
- model (EVC or DCdirect client) - EVC (Consulting company)
- consulate name - Delhi
- date - 05/07/2009
- response (successful/ RFE/ Admin Processing etc.) - Admin Processing. Kept my passport for 4 months. Finally received a letter from consulate that my file has been transfered to kentucky service location. Came back on H4 visa and got amended to h1.

My Best Friend (i know this guy for last 14 years):
- # of successful previous stampings - ZERO
- model (EVC or DCdirect client) - EVC (Consulting company)
- consulate name - Chennai
- date - 04/07/2011
- response (successful/ RFE/ Admin Processing etc.) - Admin Processing. Provided all the documents including client letter. Keep sending emails to consulate and they reply saying its still in admin processing, will take time. Luckily he is working from india for the same client.

My Sister in law:
- # of successful previous stampings - ZERO
- model (EVC or DCdirect client) - EVC (Consulting company)
- consulate name - Chennai
- date - 05/27/2011
- response (successful/ RFE/ Admin Processing etc.) - Admin Processing. She is working from India for the client.

My Neighbour:
- # of successful previous stampings - 1
- model (EVC or DCdirect client) - Emphasis employee working for HP
- consulate name - Chennai
- date - 11/12/2010
- response (successful/ RFE/ Admin Processing etc.) - Successful.

All,
Not to sidetrack but let us try to refocus here.

One issue that affects most of us while waiting forthe dates to be current is the Stamping issue. We all know about the exhaustive scrutiny and sadism that ishappening these days. I have a few questions:

1. The scrutiny seems to be extremely high for EmP-Vend-client models (EVC).
Does this model violate H1B rules? If yes, why is the USCIS approving it here at the first place. (ie. After verifying all documents by issuing an RFE)

2. This administrative processing seems robe a blackbox. No timeframe is given. Any suggestions on do's and dont's is greatly appreciated.

3. People in similar situations, please post your experiences with the following information.
- # of successful previous stampings
- model (EVC or DCdirect client)
- consulate name
- date
- response (successful/ RFE/ Admin Processing etc.)

Gurus - please create a new thread as it will be very helpful.

Chilli19

08-17-2011, 03:49 PM

Soggadu,

I am affected by this EE relationship policy. My h1b transfer filed in march 2008 was denied in march 2009 after an RFE (in september 2008) on a EE relationship.
I was working for a top beverage company and they have a corporate policy that they cannot provide client letter to contractors (inspite i worked there for 3 years).

After denial i consulted rajiv s khanna and he adviced me to apply for another h1b via another company and in premium processing. I was parially lucky as i got approval but with consular processing (as my I-94 expired on august 2008)

Lost money, time, my previous priority date etc because of this mess.

so some one who got effected by this should be in US to file the case right... If they are effected they wont b in US anyways... what do you think...

10102007

08-19-2011, 02:35 PM

gcq

08-19-2011, 03:12 PM

http://www.murthy.com/news/n_im221g.html

Ineresting point. Murthy says even though we may have all our papers in order when we go for stamping, we may get Admin Processing because of the employer.

Please read the article and share your thoughts.

Is there a way to know if our employers are not in the bad books?
It is interesting that consulates are denying visas for some reason. The best way to check your luck with visa stamping is to know whether employees from your company had successful visa stamping recently.

mesan123

08-24-2011, 01:17 PM

Hi All...this is regarding H1b visa stamping....Planning to visit india in Sep.As my h1b expires in Jan 2012, company informed me to get H1b extended before travelling to india and i got the extension also approved today...BUT there was an issue...USCIS gave my extension Approval date from JAn 2012 till Jan2015. So technically i have, two I-797 now...i am confused now which I-797 shuld i submit when i go for visa...will having 2 i-797 be issue for them to issue visa...did any one in this form faced this issue b4...please let me know what to do:confused:

veni001

08-24-2011, 01:39 PM

qesehmk

08-24-2011, 02:01 PM

Veni

Sorry I meant to respond to you but havent been able to so far. Pls bear w me for a day more max.

Q,
Another point to note is 72% of the ROW-M-P PERM Certifications from FY2011(Q1-Q3) are with PD2010 or before.

Hi All...this is regarding H1b visa stamping....Planning to visit india in Sep.As my h1b expires in Jan 2012, company informed me to get H1b extended before travelling to india and i got the extension also approved today...BUT there was an issue...USCIS gave my extension Approval date from JAn 2012 till Jan2015. So technically i have, two I-797 now...i am confused now which I-797 shuld i submit when i go for visa...will having 2 i-797 be issue for them to issue visa...did any one in this form faced this issue b4...please let me know what to do:confused:

mesan, they "should" issue you through Jan 2015. Whether they will do it? I don't know. But as Veni said, your 797s prove that you will be in status throug Jan 2015 which make you eligible for that much visa.

mesan123

08-24-2011, 02:54 PM

Thank You Q & Veni :)

Veni

Sorry I meant to respond to you but havent been able to so far. Pls bear w me for a day more max.

mesan, they "should" issue you through Jan 2015. Whether they will do it? I don't know. But as Veni said, your 797s prove that you will be in status throug Jan 2015 which make you eligible for that much visa.

gchopeful123

08-24-2011, 03:00 PM

Hi mesan123 (aren't you the infamous n*5 + 123?) jk :)

I can help you with this:
First, I would suggest that you think and rethink before planning to go for visa stamping.Almost all of the people I know who had gone back to India for stamping have been stuck there for more than 3 months or so under admin processing.So unless you have a compeling reason to do this, I would suggest to avoid. If you do have a valid visa right now on your passport (and depending on your travel back date), I would suggest to use that valid visa to re-enter instead of applying for visa extension at the consulate.

Second, if you are still planning to go for visa, you can submit BOTH the current and new petition at the consulate. I had done the same back in 2008. On the form, I had mentioned the current petition and when I went to the consulate i submitted both of them. Once the officer said my visa is approved, I asked him what the expiry date would be for the visa. He confirmed that it would be according to the new petition. This was back in 2008 - who knows whether they will care to even respond nowadays.

Good luck...

Hi All...this is regarding H1b visa stamping....Planning to visit india in Sep.As my h1b expires in Jan 2012, company informed me to get H1b extended before travelling to india and i got the extension also approved today...BUT there was an issue...USCIS gave my extension Approval date from JAn 2012 till Jan2015. So technically i have, two I-797 now...i am confused now which I-797 shuld i submit when i go for visa...will having 2 i-797 be issue for them to issue visa...did any one in this form faced this issue b4...please let me know what to do:confused:

mesan123

08-24-2011, 03:09 PM

Thank You for the reply gchopeful123

I need to go to india . Cant postpone my trip...Actually i work for fulltime company, was not worried intially to go to visa as couple of my colleagues who went to visa got there's. But my only concern started seeing the dates in H1b Extension. I dont have valid visa now.

Itz been 5 years already since i went....postponed my trip already several times for several reasons...taking a chance this time lets see what happens..

Hi mesan123 (aren't you the infamous n*5 + 123?) jk :)

I can help you with this:
First, I would suggest that you think and rethink before planning to go for visa stamping.Almost all of the people I know who had gone back to India for stamping have been stuck there for more than 3 months or so under admin processing.So unless you have a compeling reason to do this, I would suggest to avoid. If you do have a valid visa right now on your passport (and depending on your travel back date), I would suggest to use that valid visa to re-enter instead of applying for visa extension at the consulate.

Second, if you are still planning to go for visa, you can submit BOTH the current and new petition at the consulate. I had done the same back in 2008. On the form, I had mentioned the current petition and when I went to the consulate i submitted both of them. Once the officer said my visa is approved, I asked him what the expiry date would be for the visa. He confirmed that it would be according to the new petition. This was back in 2008 - who knows whether they will care to even respond nowadays.

Good luck...

TheTexan

08-24-2011, 03:26 PM

qesehmk

08-24-2011, 03:42 PM

If your company is fortune 500, I wouldn't worry about getting stamped from India. If you are inclined to choose between Mexico and Canada, I would advise Canada since Canadian consulates are not as overloaded with work as the ones in Mexico.

p.s. - Just make sure you DONT have canadian residency. Having Canadian residency is somehow seen unfavorably. You can google about it.

gc,

Does that mean visa of the people you know was rejected? I am on extension as in 3 years extension after I140 approval. I was thinking of visiting too and was wondering if it would make sense to get it stamped from Mexico, Canada or India. Gurus, please advise.

TeddyKoochu

08-24-2011, 04:39 PM

gc,

Does that mean visa of the people you know was rejected? I am on extension as in 3 years extension after I140 approval. I was thinking of visiting too and was wondering if it would make sense to get it stamped from Mexico, Canada or India. Gurus, please advise.

If you are from IT consulting then you can be sure of getting 221G, if you are a fulltime employee of a big company you are safe, full time employees of small companies are borderline. The situation for IT consulting folks is down to right terrible, even H4's are being denied with H1B being cancelled, people in this category should not take a chance unless there is a very good reason or family emergency. Iam also in IT consulting and personally know firsthand about people being stuck on 221G and after months the outcome is negative based on the E2E relationship memo. I do have my visa stamped till 2012 but just playing it safe by not going hopefully for another year hopefully.

kd2008

08-24-2011, 05:27 PM

I am a full time employee at a small company and I have my visa stamped till 2012. Leaving this weekend for India. Hopefully it will be a smooth ride. :)

cbpds1

08-24-2011, 06:00 PM

status change from "just missed priority date" to "H1 stamping REJECTED" :)

If you are from IT consulting then you can be sure of getting 221G, if you are a fulltime employee of a big company you are safe, full time employees of small companies are borderline. The situation for IT consulting folks is down to right terrible, even H4's are being denied with H1B being cancelled, people in this category should not take a chance unless there is a very good reason or family emergency. Iam also in IT consulting and personally know firsthand about people being stuck on 221G and after months the outcome is negative based on the E2E relationship memo. I do have my visa stamped till 2012 but just playing it safe by not going hopefully for another year hopefully.

nishant2200

08-24-2011, 06:21 PM

TheTexan

08-25-2011, 08:24 AM

Thanks Q & Teddy,

I am in IT but have been working fulltime for a big Environmental Consulting firm for over 6 years now. I wanted to get it done before taking the vacation. Btw, all folks in NE please stock up for Irene :-)

sidd21

08-25-2011, 08:41 AM

Gurus,

what is the average time frame to get a EAD or GC from the time of FIngerPrinting done.? We beecame current in AUgust and had our FP done.

qesehmk

08-25-2011, 08:41 AM

Texan then you should be fine. I work for a fortune 100 and never experienced any difficulty whatsoever. Each time the officers would do some chit chat about whether etc but thats about it.

Thanks Q & Teddy,

I am in IT but have been working fulltime for a big Environmental Consulting firm for over 6 years now. I wanted to get it done before taking the vacation. Btw, all folks in NE please stock up for Irene :-)

qesehmk

08-25-2011, 08:42 AM

Within 4 months MAX both GC and EAD should be done. Unless company paid for EAD or running out of time on H1, it was not really necessary to file EAD.
Gurus,

what is the average time frame to get a EAD or GC from the time of FIngerPrinting done.? We beecame current in AUgust and had our FP done.

sidd21

08-25-2011, 08:47 AM

Within 4 months MAX both GC and EAD should be done. Unless company paid for EAD or running out of time on H1, it was not really necessary to file EAD.

Thanks Q.

I was running out of time on My H-1 ,so had to file EAD.

TeddyKoochu

08-25-2011, 09:10 AM

Friends please look at the following posting from racoon776, the most important and difficult condition in the E2E memo is employer having direct control over work.

http://immigrationvoice.org/forum/2791964-post18.html

My friend is in similiar situation. He had an H1B extension for 3 years recently and when he went to India for vacation, for visa stamping in Hyd consulate, they looked at this client letter and told him that they do not see his employer having any control over his work. He is in a EVC model. They issued him some form and told him that they sent his case to USCIS for advise. Now he is stuck there with no end his sight when this is going to be resolved and wondering if his original petition is going to be denied.

10102007

08-25-2011, 10:29 AM

This is very depressing. After submitting all documents and responding to RFE, I got my H1 extension. But I'm sure it's going to be a royal pain if I go for stamping. Not sure why the consulate is looking at things differently when the USCIS approved the visa here. Donno when there will be some light at the end of the stamping tunnel.

10102007

08-25-2011, 10:35 AM

On a related note, if the H1 say does get rejected, I think you should be able to work towards getting your 485 processing option changed from AOS to CP, and then when your CP interview comes in, you need to take the employment offer letter and other proof from the employer. Just a thought.

Nishant,

Will things be any different if we go for CP? Won't there be question about the EE relationship, the nature of job with the employer etc.?

nishant2200

08-25-2011, 11:23 AM

I don't know frankly, but I think it's worth exploring. I don't know anyone in CP.

Nishant,

Will things be any different if we go for CP? Won't there be question about the EE relationship, the nature of job with the employer etc.?

qesehmk

08-25-2011, 11:47 AM

EE relationship etc is relevant to H1. I am not sure that it has any bearing on your GC. Once your 140 is clear, your employment side is clear and no questions are remaining on you or the employer or the job. Then during CP and 485 its your personal character/ health/background check etc that USCIS will check. So as long as your employment is in good standing there wouldn't be any question on your job (except in an audit situation).

Nishant,

Will things be any different if we go for CP? Won't there be question about the EE relationship, the nature of job with the employer etc.?

cbpds1

08-25-2011, 11:49 AM

so that USCIS gets the money and then deny after paying stamping fees......win-win for uscis

This is very depressing. After submitting all documents and responding to RFE, I got my H1 extension. But I'm sure it's going to be a royal pain if I go for stamping. Not sure why the consulate is looking at things differently when the USCIS approved the visa here. Donno when there will be some light at the end of the stamping tunnel.

Gclongwait

08-25-2011, 04:09 PM

Some relief for people in western india.

https://www.vfs-usa.co.in/USIndia/news.html

Atleast one pain in the b*tt resolved.

SmileBaba

08-25-2011, 06:34 PM

That's good news. New delhi consulate sucks. Thanks for sharing.

Some relief for people in western india.

https://www.vfs-usa.co.in/USIndia/news.html

Atleast one pain in the b*tt resolved.

mesan123

09-02-2011, 09:29 AM

Has anyone gone to india in last 2 months for visa stamping ? i am going for stamping end of this month to chennai consulate...please share your experiences...

skpanda

09-23-2011, 11:55 AM

Hey Mesan,

Have you gone to India for stamping. If yes, can you please let me know the outcome. Did you get your visa stamped till Jan 2015?

I may be in the same situation (applied for H extension with a current H expiration date feb 2012)

Thanks!

Hi All...this is regarding H1b visa stamping....Planning to visit india in Sep.As my h1b expires in Jan 2012, company informed me to get H1b extended before travelling to india and i got the extension also approved today...BUT there was an issue...USCIS gave my extension Approval date from JAn 2012 till Jan2015. So technically i have, two I-797 now...i am confused now which I-797 shuld i submit when i go for visa...will having 2 i-797 be issue for them to issue visa...did any one in this form faced this issue b4...please let me know what to do:confused:

mesan123

09-26-2011, 09:35 AM

Hi Skapnda.

I got my visa...but still didnt get my passport back from embassy. i will get it sometime at the end of this week or early next week. So will let you know once i get my passport.

Hey Mesan,

Have you gone to India for stamping. If yes, can you please let me know the outcome. Did you get your visa stamped till Jan 2015?

I may be in the same situation (applied for H extension with a current H expiration date feb 2012)

Thanks!

smuggymba

09-26-2011, 11:06 AM

If you are from IT consulting then you can be sure of getting 221G, if you are a fulltime employee of a big company you are safe, full time employees of small companies are borderline. The situation for IT consulting folks is down to right terrible, even H4's are being denied with H1B being cancelled, people in this category should not take a chance unless there is a very good reason or family emergency. Iam also in IT consulting and personally know firsthand about people being stuck on 221G and after months the outcome is negative based on the E2E relationship memo. I do have my visa stamped till 2012 but just playing it safe by not going hopefully for another year hopefully.

Things have changed TK. 221 G is being handed out to Geo Physicists from Exxon and other IT/Non-IT full time employees. I'm a full time with an oil & gas services comp in IT with over a six figure salary and I'm scared to go to India for stamping.

I visited the senators office and told them about admin processing harassment and they basically said it was important for security.:(

vishnu

09-26-2011, 11:14 AM

I went to the US consulate in Chennai for stamping 4 weeks ago...Mine was an H1 renewal. Asked for job title, salary and the officer quickly scanned through the labor cert (as part of the H documentation). He did not ask for anything else. Said visa was approved and that passport could be picked up the next day at VFS or takes a week to arrive by courier. I work in a bank in a non-IT role.

mesan123

09-28-2011, 12:04 PM

Hi skpanda,

I got my visa stamped till 2015. For your reference i gave my old petition Eac no in the ds 160 form. once i went to consulate submitted both forms . they will validate both the forms in PIMS. so you shuld not have any issues with 2 I-797's . I went to chennai consulate..i saw many people that day who got visa's(i meant even people with EVC models). there is scrutiny but not to the extent as we find in forums atleast now a days...but i dont know about future...as of now people are getting visa's if u have ur supporting documents.

Hey Mesan,

Have you gone to India for stamping. If yes, can you please let me know the outcome. Did you get your visa stamped till Jan 2015?

I may be in the same situation (applied for H extension with a current H expiration date feb 2012)

Thanks!

skpanda

09-28-2011, 02:06 PM

Thank you my friend... I am in a similar situation and planning on going to Chennai Consulate as well. Have a gr8 time home!!

Good luck!

Hi skpanda,

I got my visa stamped till 2015. For your reference i gave my old petition Eac no in the ds 160 form. once i went to consulate submitted both forms . they will validate both the forms in PIMS. so you shuld not have any issues with 2 I-797's . I went to chennai consulate..i saw many people that day who got visa's(i meant even people with EVC models). there is scrutiny but not to the extent as we find in forums atleast now a days...but i dont know about future...as of now people are getting visa's if u have ur supporting documents.

immi2910

10-05-2011, 12:16 PM

10102007

10-05-2011, 05:33 PM

What is an EVC model? Are employees in who work for big desi IT companies (Infosys, Wipro, TCS etc.) and work directly for a client with no vendor in middle considered part of EVC? Or are the just E-C?

To be on the safer side, I would say employees of big firms that you have mentioned should consider themselves working in an EC model. You never know when the consulate will ask for a client letter.

asankaran

11-06-2011, 12:20 PM

Hi friends,

My wife and daughter would be going to India next month and they need to get stamping ? Can you anyone of share recent experiences at Chennai consulate ?
Thanks.

To be on the safer side, I would say employees of big firms that you have mentioned should consider themselves working in an EC model. You never know when the consulate will ask for a client letter.

sweta.shetty

12-20-2011, 06:51 PM

srimurthy

12-28-2011, 11:32 AM

Hello, Since have been hearing mixed reviews from friends, wanted to check the below fact with people on this site.
Applied in EB2, 140 has been approved with PD of Mar 2011, on H1B, 6 yrs stay ending in Apr 2012. My firm is applying for H1B extension and based on that was planning to visit by June 2012 (with approved petition) and apply for stamping in Mumbai. As per colleagues, they say its a risky business and should avoid travelling. Please can you suggest it is a risky move or if all the documents are provided there should be no problems.
Thanks.

Need to check how the market is in 2012 and also how visa stamping at embassy's are. Could be risky since H1 estension is beyond 6 years and earlier while travelling its non-immigrant now you also filed for immigrant visa with a 140 approved.

mars76

01-12-2012, 11:13 AM

Hi All,

I am waiting for my EAD and Travel Doc and as soon as i get them planning to go to India and planning to go for stamping along with my future spouse.

What happens if my H1 gets rejected (worst case scenario) ?? Does it have any implications on my GC Process ??

Also how many days is it taking now if 221g is issued ?

I am planning to go to chennai consulate.

Please share your experiences if any one has gone for Visa stamping in Chennai or Hyd recently

thanks

qesehmk

03-25-2012, 11:56 PM

hopefully u got stamping done by now. for others' benefit, imho once u r AOS, the chances of h1 rejection are minimal. In the event H1 is outright rejected, and if there is no fraud, or inconsistencies it will have no bearing on GC processing.
Hi All,

I am waiting for my EAD and Travel Doc and as soon as i get them planning to go to India and planning to go for stamping along with my future spouse.

What happens if my H1 gets rejected (worst case scenario) ?? Does it have any implications on my GC Process ??

Also how many days is it taking now if 221g is issued ?

I am planning to go to chennai consulate.

Please share your experiences if any one has gone for Visa stamping in Chennai or Hyd recently

thanks