H-1B Visa Stamping after 5 years - Complicated scenario

[chintanbs]

Hello,

 

I have been working on H-1B since Oct 1st, 2007. Back then I was an employee of CompanyA. I got onto a project, and got my first H-1B stamping from Mexico in April 2008. After that I rolled off from the project in July 2008, went to India and came back in Sept 2008. 

 

Unfortunately, due to the recession, I could not find a project until March 2010. But CompanyA did not revoke my H-1B. In March 2010, I started working on a new project still employed by CompanyA. the project was a EVC model, with CompanyA --> CompanyB --> CompanyC --> Client. 

 

In Sept 2010, CompanyA told me they cannot sponsor my H-1B extension, so I switched employer to CompanyB (so that I could stay on the same project). 

 

I worked for CompanyB since Sept 2010 to Sept 2012, still on the same project. In Sept 2012, my Client issued a new policy, mandating that all consultants working at the client's place should be employed by the primary vendor, i.e. in my case CompanyC.

 

Since, it was the end of the year, and finding another project was difficult in such short notice, I had no choice but to change my employer to CompanyC (Primary vendor). 

 

So since Sept 2012, I have been employed by CompanyC, still working for the same client since March 2010. 

 

Its been 5 years since my last stamping in 2008, and now I need to go for stamping, and was wondering, whether my scenario would get me a rejection or approval. 

 

Also, will the fact that I haven't left the USA since 5 years, be a negative factor?

 

Also, which embassy would be the best to go for stamping? 

 

Thank you. 

[pontevecchio]

"went to India and came back in Sept 2008. 

 

Unfortunately, due to the recession, I could not find a project until March 2010."

 

 In view of possible complications, please talk to a Lawyer first.

[rohang]

where were you between Sept 2008 and March 2010?

 

Not getting stamped for long period will not be -ve factor.

 

All embassies are good, if your paperwork is correct.

[shekar11#]

Hmmm. Not having a job from July 2008 till March 2010 is the biggest risk factor in your case. If they do not check 2008 and 2009 W2's you will be fine. But if they check those 2 years W2's then there is no chance. Whichever consulate you choose it does not matter. Anyways try Canada first and then India. All the best.

[omshiv]

Firstly you were OOS from Sep 2008 till March 2010. I believe your employer didnt pay you all those times..and thats why they refused to renew your H1b.

 

Anways to your question, I dont see any issues for H1 stamping if you have all your documents correct. Not leaving US for 5 yrs doesnt affect H1 stamping.

 

There is nothing called Best Consulate for stamping...as mentioned earlier, if your documents, background and company's background are good..there shouldnt be any problems.

 

Good luck.

[chintanbs]

Thank you very much all, for your valuable replies. 

 

Appreciate your help. 

[chintanbs]

I also wanted to ask another question regarding my case above. 

 

Would the fact that I had to change 3 employers, in the past 3.5 years, be a -ve factor for my stamping?

 

Regards.

[omshiv]

I also wanted to ask another question regarding my case above. 

 

Would the fact that I had to change 3 employers, in the past 3.5 years, be a -ve factor for my stamping?

 

Regards.

 

Nope..no impact on changing employers multiple times with regards to stamping.

[zerokool]

Thanks for all the replies. I am in exactly same boat. Last stamp expired in 2008, changed 3 employers since then and now planning to go for stamping after 5 years.

chintanbs : please keep us posted what advice you get and what you decide. Are you planning to go to Canada for stamping ?

[chintanbs]

Hello Zerokool,

 

I will surely keep you apprised on my decision and outcome. For now, I am still confused whether to go to India or Canada for stamping. As of now, I am waiting for my H-1b extension to come through, following which I will make the decision to either go to Canada or India for stamping. 

 

Whatever the decision, I will surely keep you posted. 

 

By the way, what are you planning to do in your case?

 

P.S: Sorry for the delayed response, was just caught up with things. 

[chintanbs]

Thank you all for your valuable inputs. I really appreciate your help and answers. It really helps to get support from a community. I will keep you apprised of any updates as and when they come. 

 

Thank you once again for all your help.

 

Regards,

Chintan.