Lawyer quotes strange for my h1B


sapen

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Posted

Hello,

 

My visa has expired last september and me and my wife have H1b and H4 approvals till Jan 2017. I have an upcoming travel to India and purchased the tickets after talking to my manager.

 

however just to get a list of documents I sent an email to the company lawyer and they mentioned to my HR as shown below:

 

She confirms that he and she have valid approval notices issued by USCIS that are good through 2017, but their visas have expired.  

 

If they were to remain  in the Us, they could stay here through 2017 just based on the approval notices.   However, if they leave the US, the approval notices will not be sufficient for them to gain re-entry into the US.  

 

To re-enter the US, they will need new H-1B and H-4 visas.

 

This is totally strange to me. If I go to India I know we will need to either go for a drop box for visa stamping as we are eligible or attend a personal interview. Are approval notices not sufficient for it? 

 

Please help.

Posted

You misunderstood your attorney's reply. What attorney meant was you cannot enter US based on approval notice and you need a valid visa too. Yes, if you are eligible for dropbox you can opt for that. If you work for a client then a client letter if required. It is better to carry your recent pay stubs, W2s, employment verification letter, etc.

Posted

As you mentioned, your H1B and your wife's H4 visa's are expired and you have approved I797's for H1/H4 petition extensions. If you go to India and you want to return to US then you'll need to get your H1/H4 visa's stamped in the passport. Your lawyer is correct... 

Posted

The statement mentions that you would need H1B and H4 visas(for which approval is needed) But apart from that you would need documents(LCS, I129.. etc) from the sponsoring employer to go for the visa interview or for drop box if you are eligible.

 

Nothing strange that you need to worry about

Posted

Any by new H1-B and H4 visa he sent me a quote the other day for 5000$ for me and my wife. This is totally strange.

Check with your attorney again. You need to pay visa fee for you and your wife with US consulate. Nothing else

Posted

I understand the process of entering USA. This is my fourth entry and twice I attended visa interview. And I am aware of the fact that only I-797 approval is not enough but a valid visa is required since the visa expired. The strange thing he sent me quote for a new application  H1-B for me and H4 for my wife. He hasnt properly stated what new application exactly means but i think he is referring to another extension application.

Posted

I understand the process of entering USA. This is my fourth entry and twice I attended visa interview. And I am aware of the fact that only I-797 approval is not enough but a valid visa is required since the visa expired. The strange thing he sent me quote for a new application  H1-B for me and H4 for my wife. He hasnt properly stated what new application exactly means but i think he is referring to another extension application.

So are you paying for your H1 application?? So you are working for some shady consulting firm.

Posted

I understand the process of entering USA. This is my fourth entry and twice I attended visa interview. And I am aware of the fact that only I-797 approval is not enough but a valid visa is required since the visa expired. The strange thing he sent me quote for a new application  H1-B for me and H4 for my wife. He hasnt properly stated what new application exactly means but i think he is referring to another extension application.

Probably a misunderstanding or it is a ripoff.

Posted

Thanks.

 

One last question:

 

First time in 2006 when I applied for a F-1 visa there was a rejection and then immediately in a few days it got approved. Now I am filling out the DS160 form and there is a question Have you ever been rejected a visa? Do I need to say Yes? The reason  am asking is I am on a different visa caterory now.

 

Will saying yes be an issue?

Posted

Thanks.

One last question:

First time in 2006 when I applied for a F-1 visa there was a rejection and then immediately in a few days it got approved. Now I am filling out the DS160 form and there is a question Have you ever been rejected a visa? Do I need to say Yes? The reason am asking is I am on a different visa caterory now.

Will saying yes be an issue?

If your F1 visa was denied then the answer is yes. Whatever could be the possible outcome you need to answer the truth.
Posted

Thanks.

 

One last question:

 

First time in 2006 when I applied for a F-1 visa there was a rejection and then immediately in a few days it got approved. Now I am filling out the DS160 form and there is a question Have you ever been rejected a visa? Do I need to say Yes? The reason  am asking is I am on a different visa caterory now.

 

Will saying yes be an issue?

Answer if YES.

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