Need urgent Help for visa stamping and return back to states

[kpatel01]

Hi All,

 

I'm going through some stressful situation and need advise on available options on my current situation.

 

I'm working as consultant with client A since Nov 2013 and was expecting my project will continue beyond 2016 as I'm a start performer on billion dollars project and reporting to person who is directly reporting to CIO of company. I was working on phase I of project which was going to end on 31st of October 2015 and phase II of project was going to kick off from November 2015. I've planned to visit India for my brother's wedding starting from 7th November to 15th December. Also,my current visa is stamped till 31st December 2015 and my visa extension is in progress(expecting to get an approval notice by next week since applied in premium processing). I was planning to get stamped for my renewed visa while i'll be in my home country. I've also I-140 approved in 2014.

 

Now, everything was going very smooth and suddenly yesterday on 7th October I came to know that this month is my last month with company. Company has some plans for upcoming year so he has demanded to freez IT till January 2016 so no third party contractor can work(cost cutting). However, they offered me to come back in february to work with them if they will kick off phase II.

 

I do not want to miss my brother's wedding therefore, I need to understand my options here. I'm also consulting my attorney and my prime vendor also figuring out with their attorney. Simultaneously, I would like to understand options from Murthy on below. Please advise.

 

1. Can I go to India on my current visa which is till 31st December 2015 and come back to states on new approval which I will receive in next few days. In this case I do not intend to go for stamping. Also, I've very good relationship with my previous client and on same day 7th October they have offered me job starting from December. I can have paper work done before I enter to states.

or

2. My prime vendor (Implementers) has office two blocks away from current client location in same metropolitan area. Can I file only new LCA and go for stamping for new approval when I'll be traveling to India??

or

3. Shall I go to Canada or Mexico and get my visa stamped once I'll get my new approval and while i'm on this project till October 31st.

 

or 

 

Do I have any other option?? I do not want to miss my Brother's wedding.

 

Thank You

kkumari

[raj989]

I would suggest to go with first option and come back by Dec 31st and make sure you carry H1B extension approval notice.

[jairichi]

If client A is not ready to extend your contract then you cannot use that approved H1B petition. By law they need to revoke that petition.

 

1. If your previous client is going to hire you they need to file a cap exempt H1B petition and only on approval you can enter US.

2. Same applies if your vendor wants to hire you. Just LCA is not enough.

3. Just a visa is not enough for entry. You need a valid H1B petition, I797 and job available and need to be paid.

[kumar13]

1. you can still travel with the new approved petition with old valid visa stamping. Come back to USA in November if possible. If you have one month on your visa you should be fine. Dont be greedy to spend vacation and come in the month of December. You might get screwed of questions at POE if the expiration of visa is less than a month. 

 

2. Yes you can go to stamping with new client, new LCA as it is in same location. Make sure your lawyer update the PIMS. Also make sure your new client wait for you if you receive Administrative Processing in India

 

3. Dont go to visa stamping with projects ending soon. If they issue 221g and verify employment you will be screwed.

 

After all Dont take suggestions from forum. your situation need attorneys help. Good luck

[kpatel01]

Thank you all. I got my visa extension approved for 3 years on 9th October but I can't even use it :(

 

My attorney will get back to me today.