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H1b Visa Stamping

Discussion in 'Nonimmigrant Visa Applications' started by vgmsrj, May 22, 2015.

  1. vgmsrj

    vgmsrj New Member

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    Hi Ron,

    I have plans to go to India in the last week of June 2015 for an important function
    I have transferred my H1b to consultancy in Nov 2014 and they have amended my LCA in the month of march for the new client where I am currently working .
    I need to get my Visa stamping in India. Do we need to file the h1b amendment
    If so, do we have enough time to do that.Kindly guide us right, so that I can come back to USA without any issue.Appreciate your quick reply .
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you do have to amend.
     
  3. vgmsrj

    vgmsrj New Member

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    Thanks for your reply .. How long does it takes .. I have to be in India by June end week .. Whats all options I have to avoid stamping rejection
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That is a very open ended question. Right now, USCIS processing times for H amendments are in the range of two to four months. As for how to avoid a visa denial, it really depends on how strong your H1 petition is.
     
  5. vgmsrj

    vgmsrj New Member

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    Again thanks for your fast response

    Could you please elaborate " how strong your H1 petition is." . I badly needs to go India .. but also worried about H1 Visa Stamping
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you go without an amendment approval, you are at the mercy of the visa officer. You have to hope that he or she will accept the fact that your employer filed an approvable amendment. If not, then you will have to wait until it is approved. This requirement has been on the books for 25 years.
     
  7. vgmsrj

    vgmsrj New Member

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    Oh no my Employer said the new rule for H1B Amendment has come .. Seems like I am betrayed
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is not a new rule. It became part of 8 CFR on December 4, 1991. About ten or twelve years ago, there was some private correspondence between an attorney and an INS official. The INS official suggested that perhaps only an LCA was required when there was a material change in the terms of employment. The regulation explicitly states that an H petition amendment is required also.

    People jumped on this informal, non-binding letter and stopped amending petitions. The INS and USCIS even suggested in liaison meetings that this practice might be acceptable. About a year and a half ago, someone at USCIS woke up and read the regulation. They began enforcing it retroactively in H1B and AOS cases. A few months ago, the Administrative Appeals Office issued a precedent decision on this subject, saying that yes the regulation really does apply and you really do need to amend.

    Throughout this debate, we have always advised our clients to amend whenever there was a material change. Those that followed our advice are in good shape.
     
  9. vgmsrj

    vgmsrj New Member

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    Yes i always trusted you .. But I never that employer has not done it :(( I am really disappointed now dont know what to do to go to India
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you have a compelling reason to go, you can still ask the USCIS to expedite. Also, if all you want is an amendment without an extension of time, you can still premium process that kind of petition.
     
  11. vgmsrj

    vgmsrj New Member

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    Ron

    My currently employer has transferred H1B and I got extension of my H1B WorkPermit till 2017 using previous company I140 approval .. Also they got filed LCA

    I want to let you know all details clearly .. Advise me if my employer still can apply for amendment in premium
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    My understanding is that if they don't ask for time beyond 2017, they are eligible for premium processing.
     
  13. vgmsrj

    vgmsrj New Member

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    Hi Ron

    What should I answer for below question in DS160 . I got my approved I140 from previous company with which I have got extension of my work permit beyond 6 Years . My current company has not applied for PERM yet

    "Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services"
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes and provide the details of the prior I-140 filing.
     
  15. vgmsrj

    vgmsrj New Member

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    Thank you very much .. I gave details as below

    "Approved I140 from previous company Kforce Inc" Is that suffice?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you have it, add the file number.
     
  17. vgmsrj

    vgmsrj New Member

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    Thanks I gave the Receipt number
     
  18. vgmsrj

    vgmsrj New Member

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    Dear Ron

    Until now I didn't know H1B amendment should be done
    I know I 797 and LCA has been done

    Can you tell me how I should know that my previous company has done H1B amendment for me
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unless you ask them, there is no way to know.
     
  20. vgmsrj

    vgmsrj New Member

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    Now I have left previous company .. My Current consultancy will file H1B amendment after I am back from India vacation

    I am going to india for visa stamping too ...

    Will it be problem for me ?
     

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