H1B Stamping Clarifications, recently transferred from L1B (Change of status)

[karthikpon]

Hi,

Warm greetings. Thanks for you time.

I came to US in 2013 May through L1B visa by an employer and applied for H1B through another employer and the petition got approved during 2013 Cap after RFE.

 

The L1B to H1B transfer was also approved after RFE again, and i am currently working under new employer payroll process through H1B visa.

 

I am planning to go for a vacation to India, and i need to go for H1B stamping though the petition was approved.

 

Could you please clarify my questions below?

1. Do you see any issues/concerns in my above case (L1B to H1B transfer) while going for H1B stamping?

2. If Yes, your advice would be best for my next steps.

3. May i know the list of documents i need to carry while i am going for H1B stamping?

4. Do we need any letters from the end client which i am working for, though i'm full time employee of current H1B employer?

 

Thank you in advance for your suggestions and advice.

 

[jairichi]

1. No.

2. Refer 1.

3. I129, LCA, I797, pay stubs, employment verification letter, W2s etc.

4. If possible carry one.

[itsmeusa]

1. No issues as long as you have all the relevant documents.

2. N/A

3. Check US consulate's web site or this doc list is also given when DS-160 is submitted.

4. Most of us are full time employees of H1b employers, however we need client letter if working at client site on client project.

[karthikpon]

1. No.

2. Refer 1.

3. I129, LCA, I797, pay stubs, employment verification letter, W2s etc.

4. If possible carry one.

[karthikpon]

Hi,

Thank you so much for your time! Your inputs are really helpful.

Please correct my understandings.

1. Though I am working for a small H1B employer (full time with small consultant company which is NOT a branded one) now in US, if we have all required documents, then we are good to go to India for H1B visa stamping?

2. Also, the possibility of stamping gets rejected for H1b visa interview with approved petition is also less when compared to other visa types?

3. Eventually by any chance, consulate reject in the stamping interview though we have approved petition docs?

If yes, what would be the scenario? Can't I travel to US because, stamping interview has been rejected though petition was approved? Meaning, do we need to apply for fresh H1B cap or there might be any delay in approve the stamping?

Thanks in advance for your time and help again! Please let me know. Greatly appreciate it.

[itsmeusa]

1. Sure. Small or big, famous or new don't matter.

2. That's not correct.

3. Usually if VO rejects the visa, VO sends back original I-797A to USCIS (KCC center). KCC center can look further into the case. If satisfied, they could re-approve the petition and sends back to US consulate. If not satisfied, they send the case to USCIS office that originally approved H1b petition. USCIS office then sends NOIR / NOID to employer to give a chance to employer to respond. If satisfied, they could re-approve the petition and sends back to US consulate. If not satisfied, they reject the petition. You can't travel to US unless you have valid US visa stamp.

[karthikpon]

Thank you so much for your valuable inputs! Greatly appreciated!

[karthikpon]

Thanks for your valuable inputs.

 

I have 1 more clarification.

 

As you said in the previous reply "Usually if VO rejects the visa, VO sends back original I-797A to USCIS (KCC center). KCC center can look further into the case. If satisfied, they could re-approve the petition and sends back to US consulate. If not satisfied, they send the case to USCIS office that originally approved H1b petition. USCIS office then sends NOIR / NOID to employer to give a chance to employer to respond. If satisfied, they could re-approve the petition and sends back to US consulate. If not satisfied, they reject the petition. You can't travel to US unless you have valid US visa stamp."

 

So, if stamping officer has some questions, he/she will check with other departments/offices to make sure the candidate is genuine. 

 

But, they will definitely approve the H1B Stamping after verify that genuine profile as H1B Petition was already approved?

 

Could you please clarify the above?

 

I am fearing in going for H1B Stamping though petition was approved and i already started working under H1B employer payroll process. Please advice. Thanks again for your time.

[itsmeusa]

I would like to tell you to put aside all fears and go appear in the interview. When water starts flowing down the bridge, we would see how to cross it that time. Best luck!

[karthikpon]

Thank you!

Really appreciate all your valuable inputs.