H1-B Stamping from Canada


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1. Applied for H1B transfer to Company A on July 2011 with the client A. -- CASE 1 (RFE was answered showing the below amendment case and visa was approved in Jan 2012 and got I797/I94 forms today).

2. Since changed client before the visa approval, applied for visa amendment. -- CASE 2 (RFE still Pending. RFE is 'please response to CAse 1's RFE.'. CAse 1 is approved there after).

3. Company is planning to answer the Case 2 RFE now since they dont want it to be neglected.

4. Now if i want my wife to go for H4 in india can i ask her to go with the CAse 1's I797 document. Or should i still wait for the amendment case Case2's I797/I94 provided if it is approved after 2 weeks from now.

When i asked the approval I797/I94 my employer tells me to wait for 15 more days so that my wife can go for stamping with the new I797 document. I am not sure what is the output of case 2 gonna be. Please advice which I797 is best to be carried by my wife's H4 visa.

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Just for general interest I have come across authentic sites aka other known Lawyer forums and I am sure JoeF will know what I am talking about, which suggest getting the H1 visa in Mexico or Canada wherever allowed as it would seem the US diplomatic community in India has run amok vis a vis H1/H4 visas. While fraud is not negotiable harassment based on whatever grounds and illegal denial of H4 visas should be tackled on 2 levels

--The Indian Government

-- Maybe a class action lawsuit

Best of luck to all of you.

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