H1B stamping and I797 expires

[UrgentQ]

Hi,

I applied for H1B visa stamping at US consulate in April, its under "Administrative Process" and I still didn't get visa stamped, my I797 will expire on Nov 14, 2011. Can anybody suggest what will be my options after this?

[pontevecchio]

Get a new H1 sponsor to file a petition and get it approved.

[UrgentQ]

Thanks for advice, but what about the previous pending application at Embassy?

[pontevecchio]

Since you went for the Interview in April and you have not heard from them you need to apply for a visa on the basis of another approved H1 petition. Forget the previous pending visa aaplication. Reapply on the basis of another H1 petition approval.

[kuku82]

@critical

You have 3 options

1- Ask your employer to extend the same petition while it is under administrative processing as it will be expiring soon. And the wait for it to get over.This is what I was advised by VFS.

2- Ask your employer to file a new petition. ( This is possible as per Murhty law firm but you gotta find the reason for previous administrative processing. If it has anything to do with your employer like in most of the cases happen then your new petition with the same employer might end up with the same administrative processing.

3- File a new H1B petition with new employer.

[UrgentQ]

Kuku and Pontevecchion,

Thanks for the information, one more question if I'll apply for new visa stamping should I take my previous application back?

and what should I mention in DS form for question about "if you have any application filled previously?"

[UrgentQ]

Hi,

How can I check if the issue is with employer for administrative process?