Visitor Visa Rejected, H-1B in process

F12H1

By F12H1,
in H1B : General

Recommended Posts

F12H1 Member

F12H1

Posted
Posted

Hello All,

I was let go from a company in Oct and had applied for a visitor visa in Oct itself. H1-B from the new company was filed under premium processing in mid Nov. Both the visa got a RFE on Nov 30th. RFE for the visitor visa required additional docs like paystub and W2's to ascertain that Oct indeed was my last month of employment. RFE on H-1B was that they wanted to know the result of the visitor visa before moving forward.

The required docs packet for visitor visa RFE was received by USCIS on Dec 18 and on Jan 3 they rejected the visa citing a reason that they received the application one day after my termination date. The attorney now would update the Vermont center to process my H-1B application as a out of country application rather than inside country application.

Now since I am out of status I will have to leave the country at the earliest and await the decision on my H-1B in India. Now I am confused whether I will have again apply for a consulate interview or can I flying back in on the basis of an approved I-797 from the new employer and stamped H-1B of the previous employer? I spoke with two friends and they both work for new employers now but have stamped visa of the old employer. When they were at the immigration counter in US they presented the passport along with the I-797 from the new employer and were granted entry.

Would this be applicable in my case as well? or would I have to go in for the consulate interview? Also what is percentage chance that my case will be forwarded to admin processing?

Thanks,

F12H1

Link to comment
F12H1 Member

F12H1

Posted
  • Author
Posted

Also, I read this post is some what similar to my case,

This is how I now breakup H-1B, in order to work on H-1B in USA a person needs to have a valid visa, valid status and valid I-94.

In my case I have a valid visa (stamped and expiring on Oct 2014),

Status will be valid once petition is approved.

I-94 will not be issued since right now I am in status, hence would have to travel out and come back in.

No interview needed.

Please correct me if I am wrong.

Thanks,

F12H1

Link to comment
F12H1 Member

F12H1

Posted
  • Author
Posted

You do mention a Lawyer? If your I94 has not expired and you are out of status you can come back with the existing visa and an approved H1 petition.

I did not get your first question, You do mention a lawyer?

My I-94 (from previous employer) has an expiry date of Oct 2014. Presently I am out of status since B-2 is denied and new H1 petition is under review, once H is approved I will fly out and come back with a new I-94 and start working.

Thanks,

F12H1

Link to comment
F12H1 Member

F12H1

Posted
  • Author
Posted

I spoke with an another attorney for second opinion and he asked me to look into the 222(g) rule, it's written too technically, could you please review it and let me know what it really means?

222(g) Screenshot

Also below is the response to the RFE from my attorney that was sent on Jan 10, 2012,

RFE Response

If the screenshots are not clear enough, please let me know and I can send you an email as well.

Now after reviewing these two things, do you still feel I am good without an interview?

Thanks,

F12H1

Link to comment
F12H1 Member

F12H1

Posted
  • Author
Posted

You should get a new visa as a matter of abundant caution. OR talk to the actual Lawyer and ask him whether you can come back on the basis of your current visa.

Pontevecchio,

One bit of good news, my H-1B is approved and an I-94 is also issued. I was expecting that H-1B will be approved without the I-94. The consulate notified option is filled out as Mumbai. When I moved from F1 to H1 in 2011, that option was not filled out.

Click the link below to see the comparison.

https://www.dropbox.com/s/dza2wxd1qbc2ikv/H-1B_approval.PNG

Now would this mean that I have to leave the country in the first place since I have the I-94 issued?

Thanks,

F12H1

Link to comment
F12H1 Member

F12H1

Posted
  • Author
Posted

This means you get the visa the next time you travel and are legal as of now. Have you taken an oath to have minimal contact with the Lawyer? Just kidding. Send him electronic mail and ask him to confirm what I said.

Haha! Nothing like that, my lawyer mentioned to me that the only option for me now is that I have to leave the country go for stamping and then come back in. Also for stamping I should expect an admin processing that would delay my approval by at least a month or two. Hence I want to confirm all my option before talking to my attorney again.

You had posted in the thread below and his/her case similar to mine, and from the looks of it going to stamping is not my sole way out.

I will post relevant details of I797 petition once I get the physical copy.

Thank you for all the help,

F12H1

Link to comment
F12H1 Member

F12H1

Posted
  • Author
Posted

Grant of the I94 makes you legal and never out of status. If necessary get a second opinion unless you are keen to go right now for the visa.

I am NOT AT ALL :) keen on going for the visa interview now. I am just waiting for the actual I-797 to come in mail so that I will be sure that I-797 is approved, I will post all the relevant details once I have them.

Thanks for your help,

F12H1

Link to comment
F12H1 Member

F12H1

Posted
  • Author
Posted

Grant of the I94 makes you legal and never out of status. If necessary get a second opinion unless you are keen to go right now for the visa.

Hello Pontevecchio,

I got the approval in mail and it does not have an I-94 attached, its a I-797-B approval. Below is the text from the approval, could you please review and let me know if I need to go for a stamping?

Page 1 of 2 - https://www.dropbox.com/s/gn4jdrhq2a8obqo/H1-B%20approval%201%20of%202.PNG

Page 2 of 2 - https://www.dropbox.com/s/t9llridw7fxdw4n/H1-B%20approval%202%20of%202.PNG

Thanks,

F12H1

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing