You or your lawyer will get the receipt if you have filed for Consular processing (CP) if you have filed for AOS you will not get it which I think is your case
Originally Posted by dce.deepak
You or your lawyer will get the receipt if you have filed for Consular processing (CP) if you have filed for AOS you will not get it which I think is your case
Not to be anal but a July 7 NVC means that dates would move to July 8 or 15 and not necessarily all the way to Aug 1.
PS: just read Ron's thread and he does mention that 2 ppl had July 30 PDs. So it is very very likely that dates will move to Aug 1 by FY-end.
Last edited by vizcard; 11-17-2011 at 11:33 PM.
Dear Q / Nishant / Other Gurus - I have been following your forum for a long time, not a contributor because my skills / knowledge is still not at the level of some of you guys. Please do not ignore this post. I am in a mess right now and any advice / guidance will be helpful.
I had a valid US H1-B visa stamped in my passport through Feb 2012 and I came to India for an extention for my new 797 which is valid through Nov 2014. However, the Chennai consulate accidentally seems to have given me a new stamp based on the old 797. As a result, I have two valid visas through Feb 2012. I have emailed VFS this morning with the documents, etc but have not received a reply. I had a flight to go to Bahrain to see my inlaws which I will have to cancel. Technically, I can reenter the US based on my visa stamps (since its valid through Feb 2012), but the problem is that I have misplaced my original 797. I have sent an email to Fragomen (my company's immigration lawyers) but likely won't get a response from them for another day. Do you know what I should be doing in this situation? My return flight to New York is on Nov 27 (Sunday) and unfortunately the Consulates here are closed for thanksgiving. My best bet will be for Chennai consulate to correct this matter and issue me a new stamp. BUt if they are not able to do it timely, I will have to fly back on my old stamp, but in that case, will I be granted entry into the US based on a copy of my old 797 (since my original is lost?).
Any help / advise will be much appreciated.
Kind regards,
Adi
Dear Q / Nishant / Other Gurus - I have been following your forum for a long time, not a contributor because my skills / knowledge is still not at the level of some of you guys. Please do not ignore this post. I am in a mess right now and any advice / guidance will be helpful.
I had a valid US H1-B visa stamped in my passport through Feb 2012 and I came to India for an extention for my new 797 which is valid through Nov 2014. However, the Chennai consulate accidentally seems to have given me a new stamp based on the old 797. As a result, I have two valid visas through Feb 2012. I have emailed VFS this morning with the documents, etc but have not received a reply. I had a flight to go to Bahrain to see my inlaws which I will have to cancel. Technically, I can reenter the US based on my visa stamps (since its valid through Feb 2012), but the problem is that I have misplaced my original 797. I have sent an email to Fragomen (my company's immigration lawyers) but likely won't get a response from them for another day. Do you know what I should be doing in this situation? My return flight to New York is on Nov 27 (Sunday) and unfortunately the Consulates here are closed for thanksgiving. My best bet will be for Chennai consulate to correct this matter and issue me a new stamp. BUt if they are not able to do it timely, I will have to fly back on my old stamp, but in that case, will I be granted entry into the US based on a copy of my old 797 (since my original is lost?).
Any help / advise will be much appreciated.
Kind regards,
Adi
Do you have the new I-797? If so, you can use that at point of entry (POE) and get I-94 valid until Nov '14. Granted if you ever leave the country after Feb '12 you will have to get stamping done again.
Do you have the new I-797? If so, you can use that at point of entry (POE) and get I-94 valid until Nov '14. Granted if you ever leave the country after Feb '12 you will have to get stamping done again.
Thanks for the reply, yes, I do have my new i-797 with me, but the validity of that new i-797 is Feb 2012 through Nov 2014. Would they accept it as a POE document if I enter Nov 2011? Also will be a mismatch to my Petition number per the visa stamp.
This really sucks as VFS is so unwilling to provide any information. And now I have no choice but cancel my Bahrain trip as I want to be available here if asked to go to Chennai, etc.
Jeremy - what you really need is a new visa with the new 797. Based on my recent experience with VFS, I have found them to be cooperative but just a little slow - and they respond much better to a call than an email. So call them up and ask for a visa appointment to get a new H1B stamp based on your new 797. I think the wait times are small right now - so you should be done in a matter of few days.
You can enter with a valid visa and the accompanied 797 even if the 797 does not start for a some time. Fragomen will be able to tell you more about how early you can enter - but 2-3 months sounds fine to me. I hope this gets sorted alright.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
AFAIK as others have said you will have no issues in entering on your current valid visa so don't worry. The visa will have the receipt number of your old I797 ahead of the field P#. Having the I797 is a requirement when the visa is not stamped but in your case the visa is stamped for this duration already, so nothing to worry. Try to see if VFS can help you top sort the stamping issue it looks like a mistake, its a close call considering the holidays. You law firm- Fragomen should also be having a scan copy of the I797 so if they can email it to you it should be fine. Sometimes at the POE the officer might give you a I94 based on your latest I797 else nothing to worry, I94 extension can be done in US, did you get a new I94 with the extension you must have surrendered that while leaving. Do try and talk to your law firm on the specifics because you should do what they say finally, AFAIK you should have no issues.
Jeremy, also note a couple of things the week of 21st Nov is having holidays lined because of Thanksgiving, so Consulate will be having holidays.
Also VFS is more like a dedicated courier service than Counsulate service, so they may not be able to answer anything on whats the status other than that the docs are either with officer for correction or if they received it back.
If you have already submitted the passport for correct, I guess you need to wait for travel till you get all the papers back as you need the passport for entering back in US.
We pray it gets sorted and you get your papers with correct info.
Last edited by srimurthy; 11-18-2011 at 11:31 AM.
Lots of confusion
Hi everybody, me and my spouse have a little situation in hand. My PD is Mar 26th 2008. My Spouse might lose his job in 2 weeks (we still don;t know if it will surely happen or not). If he does lose his job, then we would need to switch him to H4. If my PD becomes current in Jan, then is it mandatory for him to get his H4 approved or will the status change receipt enough to apply for 485.
We are just going through our options now.
Hi King JERMY,
I was having same 2 I-797 when i applied for visa in CHennai consulate.. I have a question for . DId you give both the I-797 when you were interviewed to the visa officer & also the person who checks your documents online.
The reason i am asking is this. When i went for my visa appointment, they intially verified the first I-797 (which was valid till Jan 2012). then i gave them the new I-797 ( valid till Jan 2015). SHe made sure both are from same company and then she verified my new I-797 also in PIMS Then she wrote on my application that i ahve DUAL I-797 and the validity date.
When i met the visa officer she saw that in my application and asked me for both I-797 . and when i got my passport i have visa stamped till 2015.
To answer second part of your question. IF you loat your original I-797 . you can get curtosy copy from your lawyer. he would have it( ususally USCIS sends 2 copies these days.one courtesy copy and one original one). you can use it for getting I-94 till 2014 if you are going to come with your 2012 visa
hoping hve answered your doubts. if you have any more let me know
Jeremy,
AFAIK, there is no cause to worry in your case. I had a somewhat similar situation a few years back (lost my 797 while outside the country). Based on my experience, you can ask your lawyers to fedex/scan a copy of your 797.
You can try back with the consulate to get your visa corrected. If not possible, you can re-enter with your existing stamping. AFAIK, at the POE, they never check the I-797. But you can show them your new 797 and get that date on your I-94. In that case, you might have to go for stamping again later (before next reentry).
Best solution, as always, is to contact your lawyers and follow their advice.
Last edited by mysati; 11-18-2011 at 12:06 PM.
If you are with the same company. Your new I-797 with old visa stamp are good enough at the POE. I think you are covered. Just incase, if you have a copy of old I-797, carry it with you.( not necessary)
Don't need to panic. Actually, I have traveled in similar situations before. You are good, If you have a valid-visa and a valid 797. It's better if both are from the same employer, but not absolutely necessary.
Hi SaturnRing,
As long as the H4 is applied before his H1 is revoked, You should be good. The H4 need not be approved.
This is just my opinion. I am not an attorney. Pls consult with your attorney.
Saturn, the receipt should be enough. The approved H4 (or H1 if he's back on a job) can be sent later as additional documents after you receive the 485 receipt. If you dont do this, worst case, you'll receive an RFE for the approval.
PD - 3/15/2008 EB2 I TSC l RD - 1/6/2012 l ND - 1/10/2012
CPO - Awaited
My 2 cents.
Application Receipt is almost always a sufficient condition with all CIS dealings. Because they very well know approval can take time. Only thing that needs to be proven on 485 is your husbands legal presence in the united states. It is "Absolute" minimal requirement for both of your petitions.
Completely off the charts suggestion -- your username has a solution to your confusion.
Hi Gurus,
Please help me with this question. My priority date got current in Dec and will be filing I-485 in Dec 1st week. Meanwhile my wife's H1 is expiring on Dec 31, and H1 extension is on RFE. If the h1 extension is denied, will she be becomes out of status or because we have filed I-485 will she be in status. Please clarify
Thank you all, you put my mind at peace. Also, the situation is not as bad as we thought, so he might still on be valid H1B. Hoping for the best.
To answer a hypothetical question. yes, If H1 extension is denied she will become out of status. At that point she must convert to H4 and use that application/reference on your AOS.
To avoid all these, a. you could delay RFE response as much as permissible. If you fear so much that there is something that will definitely result in denial. File AOS immediately and respond to RFE after.
(OR)
b. In almost all RFE's they are true requests for additional information. So, send your response immediately and wait for H1B approval
I prefer (b), but threw out (a) as an option
Thanks leo07 for the quick response. So if we file I-485 and after that the extension is denied will she be in status and will not require converting to H4. So essentially the question is if we file for I-485 are we considered to be in status without having to have a h4 or h1. Also can she work after applying for EAD itself or have to wait for EAD approval
My thoughts... If H1b is denied, convert to H4 immediatly and stop working until she gets the EAD in hand. Applying for EAD isn't enough to start working.
She will be in status, but SHOULD NOT work until she gets EAD in hand. Once she gets EAD, she can use EAD to work.
What does receiving an NVC receipt mean? At what stage do we get NVC receipt? Could you please clarify?
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