Visa stamped through 05/18, extension approved with same employer with I-824

[anandkk2014]

Hello,

I have a valid visa stamped for my current employer through 05/2018 and last week I received an approval for extension until 11/2019 for the same company. Unlike my extension, this time it has asked to file I-824 before I go for visa stamping at US consulate. Below is the text of the letter received along with approved I-797.

The form 129 petition was submitted requesting an extension of stay or change of status, and the petitioner either didn't include a duplicate copy of the petition or didn't clearly indicate that the duplicate was submitted expressly for the purpose of future consular notification. Either of the conditions reflected above may affect the beneficiary's ability to obtain a visa at the consular office. However, the petitioner may file a form-824 with appropriate fee (currently $465)and inlcude the duplicate form I-129 with a complete set of all supporting documentation in order to obtain consular processing, if required."

My questions

1. Can I use the previous visa stamp to enter the country along with the new I-797 before it expires i.e. 05/2018? (I have done this once before but then the I-797 didn't ask for I-824.

2. I am not aversed to a fresh visa stamping but last 2 times, I received an admin processing (with the same company) and as stuck in India for 4 months each.

3. If I decide to file I-824, can I do it from India or is it possible to file while I am here in the US and can I still travel outside USA while it's pending?

4. The 465$ fees for I-824 - Does the check for 465$ need to be from the employer or can I use a personal check for filing I-824?

Thanks in advance.

Anand

[getamit19]

On 6/8/2017 at 9:37 AM, anandkk2014 said:

Hello,

I have a valid visa stamped for my current employer through 05/2018 and last week I received an approval for extension until 11/2019 for the same company. Unlike my extension, this time it has asked to file I-824 before I go for visa stamping at US consulate. Below is the text of the letter received along with approved I-797.

The form 129 petition was submitted requesting an extension of stay or change of status, and the petitioner either didn't include a duplicate copy of the petition or didn't clearly indicate that the duplicate was submitted expressly for the purpose of future consular notification. Either of the conditions reflected above may affect the beneficiary's ability to obtain a visa at the consular office. However, the petitioner may file a form-824 with appropriate fee (currently $465)and inlcude the duplicate form I-129 with a complete set of all supporting documentation in order to obtain consular processing, if required."

My questions

1. Can I use the previous visa stamp to enter the country along with the new I-797 before it expires i.e. 05/2018? (I have done this once before but then the I-797 didn't ask for I-824.

 2. I am not aversed to a fresh visa stamping but last 2 times, I received an admin processing (with the same company) and as stuck in India for 4 months each.

3. If I decide to file I-824, can I do it from India or is it possible to file while I am here in the US and can I still travel outside USA while it's pending?

4. The 465$ fees for I-824 - Does the check for 465$ need to be from the employer or can I use a personal check for filing I-824?

Thanks in advance.

Anand