H1B Stamping

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08-24-2011, 03:09 PM
mesan123

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..

Quote:

Originally Posted by gchopeful123

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...
08-24-2011, 03:26 PM
TheTexan

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.
08-24-2011, 03:42 PM
qesehmk

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.

Quote:

Originally Posted by TheTexan

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.
08-24-2011, 04:39 PM
TeddyKoochu

Quote:

Originally Posted by TheTexan

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.
08-24-2011, 05:27 PM
kd2008

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. :)
08-24-2011, 06:00 PM
cbpds1

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

Quote:

Originally Posted by TeddyKoochu

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.
08-24-2011, 06:21 PM
nishant2200

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.
08-25-2011, 08:24 AM
TheTexan

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 :-)
08-25-2011, 08:41 AM
sidd21

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.
08-25-2011, 08:41 AM
qesehmk

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.

Quote:

Originally Posted by TheTexan

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 :-)
08-25-2011, 08:42 AM
qesehmk

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.

Quote:

Originally Posted by sidd21

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.
08-25-2011, 08:47 AM
sidd21

Quote:

Originally Posted by qesehmk

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.
08-25-2011, 09:10 AM
TeddyKoochu

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.
08-25-2011, 10:29 AM
10102007

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.
08-25-2011, 10:35 AM
10102007

Quote:

Originally Posted by nishant2200

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.?
08-25-2011, 11:23 AM
nishant2200

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

Quote:

Originally Posted by 10102007

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.?
08-25-2011, 11:47 AM
qesehmk

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).

Quote:

Originally Posted by 10102007

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.?
08-25-2011, 11:49 AM
cbpds1

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

Quote:

Originally Posted by 10102007

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.
08-25-2011, 04:09 PM
Gclongwait

MUMBAI resumes H and L visa stamping

Some relief for people in western india.

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

Atleast one pain in the b*tt resolved.
08-25-2011, 06:34 PM
SmileBaba

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

Quote:

Originally Posted by Gclongwait

Some relief for people in western india.

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

Atleast one pain in the b*tt resolved.
09-02-2011, 09:29 AM
mesan123

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...
09-23-2011, 11:55 AM
skpanda

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!

Quote:

Originally Posted by mesan123

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:
09-26-2011, 09:35 AM
mesan123

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.

Quote:

Originally Posted by skpanda

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!
09-26-2011, 11:06 AM
smuggymba

Quote:

Originally Posted by TeddyKoochu

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.:(
09-26-2011, 11:14 AM
vishnu

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.

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