I-824 petition in pending

[anuspoorthy]

Hi,

 

I applied for H1B during the 60 days grace period (on April 01 2014) requesting change of status from F1 to H1. I got RFE to provide proof that I am maintaining & will maintain status till Sep 30. I left the country before 60 days grace period end date. Then we responded the RFE requesting consular processing.

 

Later, my H-1B petition was approved. But USCIS send notice stating as follows. Submit the petition and all supporting documentation in duplicate if we would like the department of state to be notified of the approval of my petition. As no copy of petition was forwarded to consular center of processing, the petitioner may file I-824 including form I-129 with complete set of all supporting documents in order to obtain consular processing, if required.

 

We filed I-824 requesting action on an approved application. I got I-797 receipt with WAC number. But I heard that it will take approximately 3 months for I-824 processing. As my H-1 start date is on Oct 1^st.  I am wondering..

 

Can I attend H-1B visa (by taking I-797 receipt stating I-824 was filed) while I-824 petition is in processing (or) do I have to wait until USCIS send approval information to department of state?

 

 

Please advise. Thanks in advance!

[rahul412]

Yes, you can attend visa interview with your 797.

[pontevecchio]

For a non Immigrant visa which H1 is, you can directly go and apply as they have the PIMS system. Did your Lawyer send the I824 or was it a member of the immigration team?

[anuspoorthy]

Thank you so much for the response !!  My Lawyer filed the I-824 petition. Is that fine ?? Please let me know. 

[pontevecchio]

As per a reply by a Murthy Lawyer in this forum a few days back the I-824 is not relevant to non Immigrant situations. Did you ACTUALLY ask your Lawyer whether you can ignore the 824 and go for stamping?

[anuspoorthy]

When we got notice. My lawyer said that there is no need to file I-824. But as the notice from USCIS states us to submit I-824. To be on safe side I requested them to file the I-824 petition.

 

As per my request lawyer filed I-824 and we got receipt with WAC number. Now I came to know that the processing time will be approximately 3 months for I-824 petition. As my H-1 start date is from Oct 1st Lawyer suggested me to attend H-1 visa with I-824 receipt (that we filed I-824).

 

So I want to know opinion from Murthy lawyer to. Please suggest. As this is non-immigrant visa I think I am good to go for visa stamping when I-824 is processing. I am correct. Please comment. 

 

Thank you!

[pontevecchio]

You are right. Go get the visa.

[rahul412]

You are good to go dude.

[anuspoorthy]

Thank you so much for the advise!!!

[sindhus]

Hi,

I applied H1 this year.It got approved and I didnot get I 94,got a notice that i need to go for H1 Stamping in Hyderabad.But Iam going to Jamaica on October 6th,I read the I797C form,they mentioned that petitioner has to apply I 824 form if we change the consulate.

 

 

1.Can i go to stamping without filing this form and

2.how much time will it take to process i 824 form

3. if my employer file this form,can i go to stamping with the receipt

Can you guys please suggest me,appreciate your help,thanks ina dvance