debdeepb34 Posted September 15, 2013 Report Posted September 15, 2013 Hi, I have worked in USA under H1B between Oct 2008 and Sep 2011.. I came back to India in 2011 Sep and worked in India for 2 years. Now an employer is Filing for Cap-Exempt H1B premium processing. I do have entry and exit stamps on my passport properly visible. I have lost the white I 94 card that was attached to my passport. Do I need the previous I 94 card for visa stamping now?
jairichi Posted September 15, 2013 Report Posted September 15, 2013 Hi, I have worked in USA under H1B between Oct 2008 and Sep 2011.. I came back to India in 2011 Sep and worked in India for 2 years. Now an employer is Filing for Cap-Exempt H1B premium processing. I do have entry and exit stamps on my passport properly visible. I have lost the white I 94 card that was attached to my passport. Do I need the previous I 94 card for visa stamping now? You should be fine. You do not need previous I94 as it would be electronically documented when you surrendered during your exit from US.
debdeepb34 Posted September 16, 2013 Author Report Posted September 16, 2013 Thanks a lot :) .. One more question, I was not married during that time. Now I am going with my wife.So we need stamping for H1 and H4. My HR is telling that I should get my H1 stamped first, go to USA and work there for 3 months and then apply for my wife's H4, otherwise there are more chances of her getting denied. I am not sure whether to go for stamping separately or together. Can you please give a suggestion what to do? As I am recently married I want to travel together, in that case, what documents will ensure that her stamping is not denied?
jairichi Posted September 16, 2013 Report Posted September 16, 2013 Thanks a lot :) .. One more question, I was not married during that time. Now I am going with my wife.So we need stamping for H1 and H4. My HR is telling that I should get my H1 stamped first, go to USA and work there for 3 months and then apply for my wife's H4, otherwise there are more chances of her getting denied. I am not sure whether to go for stamping separately or together. Can you please give a suggestion what to do? As I am recently married I want to travel together, in that case, what documents will ensure that her stamping is not denied? I think it should be fine together. In that way you could be there with her as support and most of the questions would be directed to you and not her. Any specific reason why employer suspects it would be denied for your wife? Your wife would need a copy of all your documents including a marriage certificate. Talk to an attorney from murthy firm before you take a decision.
debdeepb34 Posted September 19, 2013 Author Report Posted September 19, 2013 Thanks for your reply, I am definitely going for stamping with my wife, as now my company is telling that it is Ok! During my last stay in USA I had 3 copies of I 797, first when I was filed by company A, then I got 1 when I transferred to Company B, finally 1 more when I transferred to company C. I only have the latest I 797 from C, and I have lost the previous 2. Will that be an issue during stamping? How long will it take to get the approval after the receipt(I got my receipt no from USCIS on 16th, it is filed under PP)? My employer is telling in most cases it is 7-10 days for existing cap-exempt H1B.. Is that true?
jairichi Posted September 19, 2013 Report Posted September 19, 2013 Thanks for your reply, I am definitely going for stamping with my wife, as now my company is telling that it is Ok! During my last stay in USA I had 3 copies of I 797, first when I was filed by company A, then I got 1 when I transferred to Company B, finally 1 more when I transferred to company C. I only have the latest I 797 from C, and I have lost the previous 2. Will that be an issue during stamping? How long will it take to get the approval after the receipt(I got my receipt no from USCIS on 16th, it is filed under PP)? My employer is telling in most cases it is 7-10 days for existing cap-exempt H1B.. Is that true? If you have copies of earlier approved I797s it should be fine. 15 calendar days if you do not get any RFE. In most straight forward cases it will be quicker like what your attorney said.
debdeepb34 Posted September 19, 2013 Author Report Posted September 19, 2013 Actually, I only have the latest I 797 copy, and not the previous ones ... Also will there be an issue if I file GC later, as I have lost all previous I 797 s...
debdeepb34 Posted September 19, 2013 Author Report Posted September 19, 2013 To clarify myself ..I dont have copies or original previous I 797 ..
jairichi Posted September 19, 2013 Report Posted September 19, 2013 To clarify myself ..I dont have copies or original previous I 797 .. Well, it is a bit tricky as VO might ask for previous I797s. Ask your employer's attorney or wait for other members opinion
debdeepb34 Posted September 26, 2013 Author Report Posted September 26, 2013 If an RFE takes place, does it get faxed/emailed/mailed to the attorney?
debdeepb34 Posted October 1, 2013 Author Report Posted October 1, 2013 My RFE got faxed today .. IT is about Education Evaluation .. I have 4 year Bachelor of Engineering Degree in Civil Engineering + 5 years of Experience in software industry .. Will this be fine to meet the USCIS criteria?
jairichi Posted October 1, 2013 Report Posted October 1, 2013 My RFE got faxed today .. IT is about Education Evaluation .. I have 4 year Bachelor of Engineering Degree in Civil Engineering + 5 years of Experience in software industry .. Will this be fine to meet the USCIS criteria? So, your education is not related to your job but you experience is. Tough to answer RFE. Wait for other members opinion.
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