Help needed for VISA stamping

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05-19-2016, 06:34 PM
h4togc

Help needed for VISA stamping

Hi Gurus..

I have done masters here, wife is on H4 visa and have citizen kid. We are planning a trip to India and as usual we have to go for a visa stamping.
During my last H1B extension (8th year) in 2014 with company A we got an approval but not I-94 and USCIS asked us to go to US consulate India for stamping. (Because I had a bench period for almost 3 month as my new project never started. I have all the e-mails and SMS from vendor Company regarding project delay. I waited for that much of time because we moved to state far away from our previous one, my son started school, I set up my apartment over there with lease. In their e-mail they were saying project will start in 2 days, sometimes 1 week, this date or that date. Then I had no other option but to start marketing again and find new project. Finally I got new project and moved again to another state). So in that year when we got I-797B without I-94 then instead of going to India for stamping I transferred my H1 to Company B and it got approved (H4 as well). My new project is running smoothly from last two years.

Few points to consider here…

A. During bench period company A asked for leave without pay letter due to personal reasons and sent them to USCIS at time of H1 extension.

B. Company A is still holding our GC process ( labor and i-140 are already approved) and company B has not started our GC process yet.

Now my questions are as below:

1. Will they already have my previous visa issue details on their server? Does Visa consulate in India get all details and reasons from USCIS visa officer
who wrote those details to I-797 B form of company A?

2. Will they ask about visa issue with previous company A? Will they buy my story? How to justify my bench period? What kind of questions should we
expect? Kindly advice for necessary documents also.

3. Do you suggest Canada or Mexico based or any other country’s US visa consulate for stamping? If yes then which state in that country?

4. Can above issue create any trouble if I don’t start green card process with company B and apply 485 with company A when my date gets current as
they are not going to reject my labor and 140.

I'd really appreciate your help !!!
05-20-2016, 01:04 AM
suninphx

Quote:

Originally Posted by h4togc

Hi Gurus..

I have done masters here, wife is on H4 visa and have citizen kid. We are planning a trip to India and as usual we have to go for a visa stamping.
During my last H1B extension (8th year) in 2014 with company A we got an approval but not I-94 and USCIS asked us to go to US consulate India for stamping. (Because I had a bench period for almost 3 month as my new project never started. I have all the e-mails and SMS from vendor Company regarding project delay. I waited for that much of time because we moved to state far away from our previous one, my son started school, I set up my apartment over there with lease. In their e-mail they were saying project will start in 2 days, sometimes 1 week, this date or that date. Then I had no other option but to start marketing again and find new project. Finally I got new project and moved again to another state). So in that year when we got I-797B without I-94 then instead of going to India for stamping I transferred my H1 to Company B and it got approved (H4 as well). My new project is running smoothly from last two years.

Few points to consider here…

A. During bench period company A asked for leave without pay letter due to personal reasons and sent them to USCIS at time of H1 extension.

B. Company A is still holding our GC process ( labor and i-140 are already approved) and company B has not started our GC process yet.

Now my questions are as below:

1. Will they already have my previous visa issue details on their server? Does Visa consulate in India get all details and reasons from USCIS visa officer
who wrote those details to I-797 B form of company A?

2. Will they ask about visa issue with previous company A? Will they buy my story? How to justify my bench period? What kind of questions should we
expect? Kindly advice for necessary documents also.

3. Do you suggest Canada or Mexico based or any other country’s US visa consulate for stamping? If yes then which state in that country?

4. Can above issue create any trouble if I don’t start green card process with company B and apply 485 with company A when my date gets current as
they are not going to reject my labor and 140.

I'd really appreciate your help !!!

Is your H1 transfer approved with I94 attached? If yes, what is start date? Is there any gap between end date of Company-A I94 and start date of company-B I94?
05-20-2016, 09:07 AM
h4togc

Quote:

Originally Posted by suninphx

Is your H1 transfer approved with I94 attached? If yes, what is start date? Is there any gap between end date of Company-A I94 and start date of company-B I94?

yes..our H1 transfer approved with I-94.

No...there is no gap between end date of company-A I-94 and start date of company-B I-94.
05-20-2016, 10:41 AM
suninphx

Quote:

Originally Posted by h4togc

yes..our H1 transfer approved with I-94.

No...there is no gap between end date of company-A I-94 and start date of company-B I-94.

Under normal circumstances you should be fine. Did you talk to your company B immigration lawyer about your questions?