goodluckishere Posted February 3, 2012 Report Share Posted February 3, 2012 Visa Interview: Dec 12th Issued blue 221g requesting almost all documents from employer and my tax returns, pay slips and bank statements Document submitted: Jan 10 Received email on Jan 17 asking to visit consulate 2nd Interview/visit: Jan 19 Was asked the same questions again, client location, work location, manager location, how manager assigns and reviews the work. No documents were asked and gave me yellow slip. I sent an email to vfs asking my case status and today I got a reply saying that my petition has been send to KCC for possible revocation. I seriously dont believe this. I dont see any reason why they should reject my visa. How can I check with USCIS about my case? I want to reconfirm my case status. What options do I have now if its rejected? Can my employer do something about this? Please advise Link to comment
Chitown01 Posted February 3, 2012 Report Share Posted February 3, 2012 Are you on EVC or EC model? How can I check with USCIS about my case?: Go to their case status website, punch in your Receipt Number and they will display it... What options do I have now if its rejected?: Re-file thru same or different employer Can my employer do something about this?: Probably USCIS will have question for employer, ask them to reply OR ask them to file a NEW petition. Link to comment
goodluckishere Posted February 3, 2012 Author Report Share Posted February 3, 2012 I was on EC model. I think the issue was with my work location. I was working remotely from CA(home office), my manager is in NJ and my client is another state. My case may not be strong enough to show employer-employee relationship. On checking the status of h1 receipt it still shows the old status - saying my petition was approved on so and so date. But, till my employer works it out with USCIS by filing new petition, can I work from India? Link to comment
Chitown01 Posted February 3, 2012 Report Share Posted February 3, 2012 Chances of this current petition rejection are high. Even if your employer files your H1 again, chances of approval are less... even if it gets approved.... you still need to get stamping done.... you will be in the same cycle over and over again... find a new employer or get the client to file for your h1.... You can obviously work form india if your employer and client are okay with that Link to comment
mf1 Posted February 4, 2012 Report Share Posted February 4, 2012 Yes, you can work (if you and your employer wish so). There may be tax implications in that country, for which you can talk to tax consultant. Link to comment
goodluckishere Posted February 4, 2012 Author Report Share Posted February 4, 2012 @ Chitown01 You are right. Even if my employer files new h1 petition, I again have to go for stamping and not sure how time it will take for everything. What if I resign and then go for H4 stamping now? Once I reach US, ask my employer (My employer might agree) to rehire. Will that create problem for my new h1 or h4-h1 COS? Is this doable? Link to comment
goodluckishere Posted February 6, 2012 Author Report Share Posted February 6, 2012 What if I resign and then go for H4 stamping now? Once I reach US, ask my employer (My employer might agree) to rehire. Will that create problem for my new h1 or h4-h1 COS? Is this doable? Link to comment
Chitown01 Posted February 6, 2012 Report Share Posted February 6, 2012 You can go for H4 stamping anytime... you dont have to resign and alll Once u re-enter us on h4, you CANNOT work with new employer He has to file a new petition with Change of Status, get approval with new I-94 and then only you can start working for the employer..... Link to comment
goodluckishere Posted February 7, 2012 Author Report Share Posted February 7, 2012 Thank you so much! Link to comment
goodluckishere Posted February 8, 2012 Author Report Share Posted February 8, 2012 It looks like I cant fill DS-160 (for H4 visa) until I resign my current company. DS-160 asks for primary occupation which would be home maker when I will travel to US on H4. Then the 2nd question is about my previous employment and I can not submit this section of DS-160 without entering the employment end date. I am still employed with my current employer. But, till my employer makes some decision I want to get my H4 stamped. Link to comment
goodluckishere Posted February 9, 2012 Author Report Share Posted February 9, 2012 Please advise me. Link to comment
goodluckishere Posted February 9, 2012 Author Report Share Posted February 9, 2012 You can go for H4 stamping anytime... you dont have to resign and alll Once u re-enter us on h4, you CANNOT work with new employer He has to file a new petition with Change of Status, get approval with new I-94 and then only you can start working for the employer..... So if I get my H4 stamp now, can I continue to work for my employer from India? Will my H4 stamp affect my H1 petition (which is with USCIS for review/revocation)? Link to comment
Chitown01 Posted February 9, 2012 Report Share Posted February 9, 2012 As long as your employer is ok with you working in india it should be fine however there are several other implications of it as well like for example tax implication and you status while working wtih him Yor H4 will have no bearing on your h1 petition's review. Link to comment
goodluckishere Posted February 9, 2012 Author Report Share Posted February 9, 2012 My employer attorney told me that I can work from India till my petition is not revoked by USCIS. He says he cant guarantee that my petition will be approved and there is no time limit for this process. I am thinking of filling H4, find another job and then resign and travel on H4. Link to comment
goodluckishere Posted February 9, 2012 Author Report Share Posted February 9, 2012 As long as your employer is ok with you working in india it should be fine however there are several other implications of it as well like for example tax implication and you status while working wtih him Yor H4 will have no bearing on your h1 petition's review. What do you mean by "your status while working wtih him"? I thought "Status" comes into picture only when the person is in US. Link to comment
goodluckishere Posted February 10, 2012 Author Report Share Posted February 10, 2012 What do you mean by "your status while working wtih him"? I thought "Status" comes into picture only when the person is in US. Link to comment
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