I-824 With Approved H1B

[getamit19]

I-824 With Approved H1B

My Wife's H1b is approved for 3 years however she received following letter from USA:

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 include the duplicate form I-129 with a complete set of all supporting documentation in order to obtain consular processing, if required."

My questions:

1) should we file I-824 or not file, what if we file and we have to travel

2) Since processing time for I-824 is 7-12 month, if she have to travel to India for stamping before Approval of I-824, will she stuck in India until I-824 is approved or she can still get visa stamped when I-824 is pending

Employers attorney is saying it doesnot make a difference to file I-824

[getamit19]

9 minutes ago, getamit19 said:

I-824 With Approved H1B

My Wife's H1b is approved for 3 years however she received following letter from USA:

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 include the duplicate form I-129 with a complete set of all supporting documentation in order to obtain consular processing, if required."

My questions:

1) should we file I-824 or not file, what if we file and we have to travel

2) Since processing time for I-824 is 7-12 month, if she have to travel to India for stamping before Approval of I-824, will she stuck in India until I-824 is approved or she can still get visa stamped when I-824 is pending

Employers attorney is saying it doesnot make a difference to file I-824

 

[gopalakrishnach]

I feel petitioner your employer must take care of it. I cannot understand why employers play with employee future and life. As far as I know it is basic that you need to submit previous H1B copies while filing for new petition and how come employer missed it.

Please work with your employer.

1. I feel petitioner your employer must file.

2. Better attend interview after this process is done.

I may be wrong.