Chennai Consulate / H1 is sent back to USCIS/ PD is Current

[selvamca]

Hello Folks,

Here is the summary of what i am going through since Nov 17th

Nov 17,2011 - Landed in Chennai from Washington

Nov 19,2011 - Went for H1 Visa stamping with EVC Model

Got 221g Green Paper (RFE related to Petition Documents)

Nov 29,2011 - Submitted all Documents in VFS with Passport

Dec 7, 2011 - Got my passport through Courier with out visa,

same 221g paper with added more documents

related to Petition

Dec 21,2011 - Dropped all necessary documents in VFS with

passport

Feb 1,2011 - My GC Priority become current.

Feb 2, 2011 - Got my passport back with out visa , included an

additional Green paper stating my Petition is being

returned to USCIS for review.

have anyone gone through this situation recently?. Please let me know what are the options and duration i have to return back to US.

1. Wait for H1 Petition review

2. File 485 / CP from India and get Advance Parole

3.Transfer my H1 to another employer (EVC Model) and go for srtamping

4. Transfer my H1 to my vendor and go for stamping (EC Model)?

Selvan

[AxialTilt]

If you start CP now, it will take 1-9 months depending upon which service center will process your 824. Texas sevice center processes it in 9 months, Nebraska processes it in about a month. You have to take a decision based on which service center it is. Even if you initiate now, if you happen to go back to US on new stamping later down the line, you can still initiate the I-485 regardless of your 824 already filed or waiting to be approved

Transferring to EVC, same odds, transferring to EC, little better chance.

If I were you, I would initiate 824 immediately without second thought (because every day you delay here is delaying your greencard), and count on EC model to get back to US in the meantime.

Good luck!

Good luck!

[selvamca]

Any answer guys?

[vgk_la]

You should start Counsalar Processing through your employer's attorney. Discuss with your employer's attorney or hire a good immigration attorney ...

Immigrant visa and Non-Immigrant visa are bothe separate process ...But they may again verify your empoyer at the time of processing your immigrant visa

[ashukla]

Selvamca- I do not know any process about green card but yes I would suggest that if you are planning for second time visa interview then you should choose option EC transfer your H1 to your vendor, as you already have a rejection over EVC model so there is very little chance or almost no chance, and in these days now even EC model is matter of doubt.

[selvamca]

I appreciate your response @northwest.bobby, @vgk_la, @ashukla. Thanks. I will keep you posted

[selvamca]

Is anyone in similar situation like myself?. Please post your experience!!

[selvamca]

I had applied my I-824 from India and got receipt notice on Mar 15,2012. What are the next step? Please advice.