PLZ Help - Need assistance regarding I-797B

[torockstar143]

Hello!!

 

I'm in very weird situation.

 

I have filed my H1B visa in apr 2012 and it was denied in mid July for vendor related documents. We have re-opened my case and it was in the processing from July, 2012 to April 2013. Since my OPT was expiring on Jan, 2nd 2013 I have joined university in the mean time and took CPT to continue to work. In march 2013 I had an emergency in India and I went to india and came back on F1 status on march 24th 2013 Since my H1b visa was still in processing and we did not recieve any response for more than 8 months, we thought that we need to file new petition in 2013 quota and we filed it with the new I-94 but exactly Apr 3rd 2013 we have recieved a I797A and got my H1b Visa approved under 2012 Quota for one year from Dec 4th 2012 to Dec 3rd 2013 on my previouse I-94.

 

Since we have already filed another new petition in April 2013, we have again recieved an RFE and responded to RFE with the Extension stay as my current H1b was expiring in Dec 3rd 2013. Finally In december I recieved an I797B with approval untill 2015 but without I-94 details on it and stating Hyderabad as Consulate. My attorney states that I need to go to India for stamping as I do not have I-94 details on it and also my attorney has filed amended H1 petition stating I was in US during the Visa applciation but he says that it will not be approved as my previouse I-94 is expired.

 

Question:

1. Can I go to Jamaica for stamping?

2. what are the chances of getting stamping in India?

3. Are there any chances of H1b amended petition getting approved, provided my previouse I-94 is expired.

4. DO I have anyother options.

 

Please help!!

 

[jairichi]

Hello!!

 

I'm in very weird situation.

 

I have filed my H1B visa in apr 2012 and it was denied in mid July for vendor related documents. We have re-opened my case and it was in the processing from July, 2012 to April 2013. Since my OPT was expiring on Jan, 2nd 2013 I have joined university in the mean time and took CPT to continue to work. In march 2013 I had an emergency in India and I went to india and came back on F1 status on march 24th 2013 Since my H1b visa was still in processing and we did not recieve any response for more than 8 months, we thought that we need to file new petition in 2013 quota and we filed it with the new I-94 but exactly Apr 3rd 2013 we have recieved a I797A and got my H1b Visa approved under 2012 Quota for one year from Dec 4th 2012 to Dec 3rd 2013 on my previouse I-94.

 

Since we have already filed another new petition in April 2013, we have again recieved an RFE and responded to RFE with the Extension stay as my current H1b was expiring in Dec 3rd 2013. Finally In december I recieved an I797B with approval untill 2015 but without I-94 details on it and stating Hyderabad as Consulate. My attorney states that I need to go to India for stamping as I do not have I-94 details on it and also my attorney has filed amended H1 petition stating I was in US during the Visa applciation but he says that it will not be approved as my previouse I-94 is expired.

 

Question:

1. Can I go to Jamaica for stamping?

2. what are the chances of getting stamping in India?

3. Are there any chances of H1b amended petition getting approved, provided my previouse I-94 is expired.

4. DO I have anyother options.

 

Please help!!

1. No. You need to go to Hyderabad.

2. Everything depends on your documents.

3. Refer 2.

4. Employer applies again for COS using existing valid I94 but he has to pay again H1B fees. I doubt your employer would be interested to take this route.