Question on my 2nd H1B visa stamping in Pakistan


suleman123

Recommended Posts

Hello all. I just want to ask some questions regarding my upcoming trip to Pakistan. Recently in April my Labor was declined after waiting for 8 months and the reason stated for my labor declined was Job description did not match(Most likely lawyer fault). Hence they appeal the case so they can file for a renewal for my H1 this september again. Your PERM status has to be in process for 365 days which is why they can only reapply in august.  I work for a fortune 200 company for the past 7 years. My current H1B is valid till September 2014. Last time i went for stamping was in 2010 in Islamabad and got stuck in security processing for 90 days. This time it is very important for me to go because of my Dad health condition as he is in very critical condition. Hence, the decision of going and seeing him is a must(If no risks are involved).

 

So i contacted my company lawyer and she stated couple of things i can do -

1) It is safe for me to go back to my country and get visa stamping from my country itself. It is highly likely that i will be stuck again in Security processing as they did a thorough check last time when i went. (anyone care to share any thoughts for second time Visa stamping in Karachi or Islamabad ?).

 

2) My H1 is expiring in close to 4 months. Do you think they can deny me because my expiration date for my H1 is very less as compare to a year or 2 ?. 

 

3) My lawyer also gave me an option of travelling to Mexico if i have to since i don't need a visa to go to Mexico as i can go with my i-94. However, getting stuck there with hotel expenses per day might be too expensive. (What are your guys thought on this ?)

 

4) My lawyer also gave me an option of going to canada which requires for me to apply for a visa. Then again the same question as #3. 

 

I am just trying to find out what are my options and if it's safe to travel with all the drama happened with my labor and my H1 getting expired in 4 months. Please an experience guy or if you have gone through similar situation then my then please guide me to my best path. My manager and everyone is ok for me leaving but then again i am just trying to play safe also and want to see my dad so bad ;--(. Hope no one is in this situation like i am. 

Link to comment

Thanks for the reply. so here is my list of documents i'll be taking with me :-

 

1) Employment letter

2) Last 6 paystubs

3) last 2 years W2

4) My H1b Form which is valid till september

5) Ds 160 which i need to fill out.

 

Is there anything else i am missing ?. Also, if for some reason i get stuck in administrative processing and then my H1 expires in september and i still have not gotten my passport back then in that case what should i do ?. I will ask this question from my lawyer also 

Link to comment

Thanks for the reply. so here is my list of documents i'll be taking with me :-

 

1) Employment letter

2) Last 6 paystubs

3) last 2 years W2

4) My H1b Form which is valid till september

5) Ds 160 which i need to fill out.

 

Is there anything else i am missing ?. Also, if for some reason i get stuck in administrative processing and then my H1 expires in september and i still have not gotten my passport back then in that case what should i do ?. I will ask this question from my lawyer also 

I-129 and LCA.

Client letter, if any.

Updated resume.

 

If you are stuck in administrative processing you cannot do anything other than wait for a decision.

Link to comment

Hello i have a question regarding filling out the DS 160 form. It states 

 

'Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services? '

 

I was curious to see what should i answer for this ?. My Labor recently got declined couple of months ago in EB2 and my company laywer has filed for an appeal so they can renew my H1 which is expiring this September 25th. I am also going back to my country for H1 stamping for only 3 months. Should i answer 'NO' to this question or 'YES' ? please help thanks

Link to comment

Hello i have a question regarding filling out the DS 160 form. It states 

 

'Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services? '

 

I was curious to see what should i answer for this ?. My Labor recently got declined couple of months ago in EB2 and my company laywer has filed for an appeal so they can renew my H1 which is expiring this September 25th. I am also going back to my country for H1 stamping for only 3 months. Should i answer 'NO' to this question or 'YES' ? please help thanks

Answer is NO. Only if an I140 was filed then your answer should be yes.

Link to comment

Archived

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