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wildcats

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Posts posted by wildcats


  1. Hello Friends,

    I work as a consultant with Company A. They have filed my GC (PERM and 140 approved) in EB2 with priority date 10/10/10. My H1B with Company A is valid and stamped until Jan 2015.

    Company B has now offered me full-time.

    1) Should Company B file for my PERM and 140 again? If 'Yes', I am guessing I can use the previous Priority Date when filing for 140. Is that correct? Is this true even if Company A withdraws/revokes my I140 and PERM?

    2) I recently got visa stamp for my current H1B valid until Jan 2015. If I accept the offer and get a new H1, Do I need to get stamped again if I leave the country? Previously, 5 years ago I was in a similar situation where I did not get a new stamp and was allowed to enter USA with the previous stamp and new I797 but I know that a lot of things have changed recently and wanted to be sure about this.

    Thank you for all of your time!


  2. @jgnjay

    I was exactly in your situation. I visited India last October and immediately attended stamping at HYD. My case was referred back to USCIS. After waiting sometime until my current petition expired, I have attended another visa interview again at HYD with the extended petition of 3 years. This time I was lucky and approved. On both the instances I had interview of about 30 minutes each.

    Bottom line is you may be lucky and get approved immediately or may end up waiting quite some time. Just don't plan for a few weeks but mentally be prepared for a few months wait.

    Good luck!!!

    PS: I came back to US last month after 5 months and 28 days of wait in India.


  3. @vidhya 18

    My interview did not go as expected. As they say some amount of luck is involved along with lot of preparation. I was prepared with every kind of document they have asked before and I could think of. But luck was not in my favor and to some extent it was expected being on the EVC boat.

    The officer I faced was very severe, my interview lasted for about 15 mins.

    VO: Whom do you work for? A: XYZ

    VO: Who is the client? A: ABC

    VO: How many people from your company work at the client site? A: just one, me

    VO: Do you have the client letter? A: Gave

    He read the whole client letter for 1-3 minutes.

    VO: Is there a vendor in between? A: Yes, PQR

    VO: How many employees from the Vendor work at your site? A: Don't know, I have nothing to do with the vendor.

    VO; Whom do you report to? A: My manager from XYZ

    VO: Who assigns you daily tasks? A: Manager from the client site but I report my status to both my manager and client manager?

    VO: How do you report to your manager? A: Weekly status report,etc

    VO: Who provides you tools for your work? A: My employer provides infrastructure etc the client provides some proprietary software.

    VO: Based on your answers and your situation, I can not give you a visa. I will request USCIS to "reaffirm" your case. I am not satisfied that your employer has sufficient control over you.

    Me: So is my visa denied?

    VO: No, I just have to verify USCIS is aware of the EVC situation blah blah. [My client letter, vendor letter, USCIS letter, LCA, I129 petition everything are in sync and talk about EVC model and client location as work location].

    Me: Sir, can you atleast give me a time frame as I own a home there and am responsible for my mortgage. I will need to decide on foreclosing or making some arrangements based on the timeframe.

    VO: I will give you a case number and you can track your case with that but I don't know how long it will take.

    He gave me a blue form with "Admin Processing" marked on it. He also said they do not need any additional documentation from me.

    I have a vague feeling that he is revoking my visa but am not sure as he used the word "reaffirm" and did not give me a denial letter.

    Guyz any thoughts?


  4. Originally posted by ra_grand:

    Guys, October first week dates are open till the 7th! I just saw it for Hyderabad and booked it. Oct 6th is a holiday for Dusherra. So we have 3,4,5,7. Just information to help you guys out. Thanks.

    I think it is the cover letter your attorney/employer submitted to USCIS for your H1B extension/approval. It describes your employer, job requirements, your background etc.


  5. Hi,

    I am travelling to India in October 2011. My current visa is valid until Jan 2012. I have applied for and received an approved extension from Jan 2012 thru Jan 2015.

    Now my question is, when I fill the DS-160 and also when booking the appointment, which I797 approval receipt number should I provide, the one expiring in Jan 2012 or the one valid from Jan 2012. My appointment will be tentatively in October 2011.

    Thanks for your responses,

    Gautham

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