H1B Question – Failed to submit duplicate copy I-129 at the time of filling

shalsub

By shalsub,
in H1B : Visa Stamp

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shalsub Newbie

shalsub

Posted
Posted

Dear Friends,

I have booked an interview appointment at Chennai Consulate next week (H1B Extension, applied after the gap of nearly one year), but received all documents along with below content letter today from my US counterpart. I heard that folks are getting 221g pink slip for PMIS verification.

  1. What are chances of getting VISA at the first attempt if I carry all documents but failed to submit duplicate copy of Form I-129 & supporting documents at the time of filing.
  2. Is it necessary to file Form I-824 in order to obtain Consular processing? What would be the approximate timeframe to get notify to KCC?
  3. What are the consequences if we failed to submit I-824? Will consulate contact USCIS regarding my petition?
  4. Let me know if it is advisable to attend the interview next week.

--------------------------------------------Letter from USCIS----------------------------------------------

A decision notice for the Form I-129 petition you filed will be mailed to you. Please see the box checked below for further instructions as this pertains to consular processing for the beneficiary’s visa.

The petitioner requested consular processing on the Form I-- 129 petition. Reference is made to Page 2 of the Instructions for Form l-129, Petition for a Nonimmigrant Worker, which specifically states in the last paragraph of the section titled “General Filing Instructions,” the following:

NOTE: Submit the petition and all supporting documentation in duplicate if you would like the Department of State to be notified of the approval of this petition.

The petitioner failed to include a duplicate copy; therefore, no copy of the petition was forwarded to the Kentucky Consular Center for processing. Please note that although the I-797 Approval Notice may indicate that notification was sent to the listed consulate, as a copy of the petition was not provided, notification did not occur for this instant petition.

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 I-824 with the appropriate fee (currently $405.00) and include the duplicate Form I-129 with a complete set of all supporting documentation in order to obtain consular processing, if required. ,

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Attorney_11 Advanced Member

Attorney_11

Posted
Posted

Generally, lack of a duplicate petition at the time of filing has a direct result only on the possibility of a delay in visa issuance due to PIMS verification. Even if a duplicate petition would have been sent at the time of filing of the H-1B petition, a visa applicant would be required to take all the relevant documents to the visa interview. It may be helpful to seek visa assistance from a qualified immigration attorney to prepare for the visa appointment.

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  • 4 years later...
Mohan001 Member

Mohan001

Posted
Posted

Appointment at 9:30 in the morning me on H1 and my wife who is on H4 EAD went to consulate at 9:10 AM, it is not really cold but VISA tension made us really damn cold, this is not our  first stamping in Canada we been to Toronto in December 2012 and successfully got the passports back in 3 days, anyways coming back to present.  Once you enter the main door the lady who is before security check is very strict and talk very strongly and check everything I mean really everything including your status in Canada and Canadian VISA Stamping and your passports especially photos , back ground must be white not even lite of any color, fortunately my wife brought another set of photos which she accepted and I took a deep breath. Finally security check cleared ( Here another issue only transparent and plastic bags are allowed strictly no leather or dark colored bags at security and this checks also done. Finally entered in lions den where we seen 2 counters where 2 serious officers asking questions at the corner of the room before that there are 4 counters but only 2 opened counter no 6 and 7 where they check your documents and take your fingerprints put stickers on your passport, while giving the finger prints I hared the lady VISA Officer saying to Indian family sorry I can not approve your VISA and certainly you can apply again if your situation changes , they are requesting her please consider but she refused and stopped talking to them later, my heart beat goes like anything after this. After finger printing then asked me to wait in the line where is actual interview line and suddenly we seen there is nobody and of course we are the next directly walk to counters and that female officer looking at us very seriously but did not called us yet, but luckily , another officer walked in to the counter and called us first where I took another deep breath that I am not going to her , finally the interview started here it goes 

VO: GOOD MORNING BOTH OF YOU 
ME & MY WIFE : GOOD MORNING OFFICER 

VO: CAN I SEE YOUR I797 
ME: GIVEN 

VO: ASKED EMPLOYER LETTER 
ME: GIVEN 

VO; ASKED WHAT DO YOU WORK IN THIS COMPANY AND ARE YOU A DOCTOR 
ME: I AM A PHYSICAL THERAPIST AND TREAT THE PATIENTS IN HOME CARE SETTING

VO: ASKED ME FOR ALL PREVIOUS I-797 , HERE I GOT NERVOUS AGAIN AS I DID NOT TOOK ALONG WITH ME, I SAID I DID NOT BRING SIR BUT I HAVE PREVIOUS VISA STAMPED IN OLD PASSPORT WITH SAME PETITIONER  THEN HE ASKED ME WHERE DID YOU GET THIS VISA STAMPED, I SAID IN HYDERABAD THEN HE VERIFIED SOME THING AND SAID YOU NEED TO HAVE YOUR PREVIOUS I-797 WITH YOU FURTHER 

VO: OH GREAT SO YOU SERVING THE COMMUNITY 
ME: YES SIR,  HE TYPED SOMETHING AND I FEEL LIKE MY APPLICATION IS APPROVED 

VO: TURNED TO MY WIFE AND ASKED YOU ARE ON H4 WORK AUTHORIZATION
MY WIFE: YES SIR 

VO: ARE YOU CURRENTLY WORKING FOR ANY COMPANY 
MY WIFE: NO SIR NOT CURRENTLY NOW ( HERE IS THE KEY POINT ANSWER ONLY TO THE POINT DO NOT TRY TO ELABORATE UNLESS IF VO ASKED FOR, BECAUSE IF YOU START TELLING I USE TO WORK FOR ANY COMPANY OR SOME THING HE WILL OR MAY GO TO FURTHER SCRUTINY   

VO:  SO WHAT ARE YOU DOING NOW
MY WIFE: HOME MAKER 

VO: I AM APPROVING YOUR VISAS YOU SHOULD GET YOUR PASSPORT IN 2-3 BUSINESS DAYS YOU GUYS HAVE A GREAT WEEK END 
ME & MY WIFE : THANK YOU VERY MUCH SIR YOU HAVE A GREAT WEEK END TOO.

Over all process took not even 30 minutes as we did not take any electronics, not even a watch but i think we have finished in 20 minutes from the minute we reach the embassy. And strictly no car parking near the embassy so always better take a motel near the consulate , we stayed at CAPITAL HILLS HOTEL and SUITES which is less than 7 minutes of walking from consulate. And the hotel we booked in Expedia for just $80 and car parking fee is $20/night . I believe like it is not too bad. 

Just reached back to motel and seen the status is  " administrative processing " which is usual for 1 day. 

If any doubts please ask me I do not have any problem to share my experiences in ottawa,  
 

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  • 9 months later...

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