H1B, H4 Visa

I am in 7th year in the USA with L1-A ( valid till Feb'2024 ) and my H1B was selected in this year's (2023) second-round lottery. My company filed H1B petition with "Change of Status" (L1-A to H1B). Now USCIS has denied the petition because I have already crossed 6 years.
 
I have approved I-140 (EB3) and the priority date is 03-21-2021.
 
What are the options to retain the selected lottery? I don't want to go for another round of lottery next year.
 
Can I file a fresh/refile petition with "Consulate" instead of "Change of Status"? And I can go back to my home country next year to get the stamp.
Do we need a new LCA if we want to refile?

I had my H1B visa interview in Chennai on December 9, 2022, for Consular processing. During the interview, the consular officer asked me about my employer, job details, and work location. After the interview, I was issued a white slip, and the officer mentioned that they would need some additional processing time.

Here's the catch: I haven't received any further communication or updates on my visa status for over 9 months, despite multiple follow-ups with both my employer and myself. No additional documents were requested during this period.

A bit of background: I previously utilized Day 1 CPT and returned to India. I was working on F1 OPT and CPT from 2017 to 2019.

I'm feeling a bit uncertain about the situation and would appreciate any insights or advice from anyone who has been through a similar experience or has knowledge about the next steps I should consider.

I had my visa interview in chennai counsulate. Interview went fine asked for my Company details, salary and 797 copy. VO had a question on after the last stamped date which ended in 2020 why there is a gap. I mentioned I was in US and had an approval from 2020 to 2023 and since job changed another approval from new company in 2022 which is the latest one. VO typed in something and said there needs to be an update in the system and gave me 221g and kept the passport. When I asked if it is approved VO mentioned it is in Administrative processing and would take 2 days to update and should get the passport in week and a half and doesnot see any issue in the approval.

Since it is 221g just worried, anyone had similar experience

Last month I was arrested for DUI and charges got dropped to OWVI(Operating While Visibly Impaired) , I'm on probation for 1 Year till june 2024, I paid my fines and done with community services and giving ETG drug tests every week. I got permission from court for the travel (4 weeks for my wedding). I'm on H1B work visa. will there be any problem while coming back with CPB offices at the time of re-entering in to US?

Thanks in advance!

Hello all,

Received yellow slip stating that "Submit primary applicants current stamped valid visa" while we went for the inperson interview. I went with my kids for H4 stamping. My husband has a different date of interview. How to submit?

Hi ,

I'm on H1B and have drop box for myself and my son on one day and my spouse(H4) has drop box appointment the next day .
Will there be any issue for H4 stamping becoz of this ?

Please let me know if anyone faced similar issue .

Thanks

Hello,

My h1b visa got issued today. When I check the status on ceac website it reads as following
"The consular section has completed processing your application and your visa has been issued. If you do not receive your passport and visa within 10 working days, please contact the embassy or consulate where you submitted your application. If at any time additional information is discovered that indicates you may no longer be eligible for a visa, the U.S. government may revoke your visa. See Section 221(i) of the Immigration and Nationality Act". Do people get this kind of note often? What are the additional checks after visa is issued?

Thanks

Hi All, Below is the situation.

Current h1b visa stamp valid until Aug 15th 2023.

New i 797 extension approval valid from - aug 16th 2023 to 2026

I have travel plan to India in month of May 2023 and was able to schedule drop box appointment for May 4th 2023

A) As my new i797 approval notice is valid from Aug 16th 2023 and if i go for stamping now, will i be able to enter us before Aug 16th 2023 or should i wait until Aug 16th to enter us?
B) if it dont go for stamping and decide to enter us on existing visa stamp which is valid until Aug 15th 2023, will it be okay and will cbp officer extend my I94 based on new i797 valid dates?

Any suggestion would be very helpful
Thank you!

I recently got H1b approved with a new employer, went to get my DL, and they mentioned my I94 is set to expire soon. But I have received I94 with my H1b approval and is valid for another 2 years. where did the DMV people check this record?. Because online tool only shows my latest entry which doesn't match the date they told me.

Anyone else faced this issue?

I received my passport with incorrect H1B visa stamping (stamping done at Hyderabad consulate) - the Employer name, P# and PED printed on my stamped page is that of my husband's and not mine. I raised a case with [email protected] on March 9th, and I haven't received any response on the next steps yet.

Our (my and my husband's) drop box appointment was on Feb 21st, I received incorrectly stamped passport on Mar 9th, my husband has not received his passport yet (status shows visa approved though), and we do not have the next steps or ETA yet. We fly back on Mar 18th (which doesn't look like will happen now) due to this delay. My son (9 year old; US citizen) will miss his school, my husband and I will be unable to start our work as planned, not to mention the flight ticket cost due to cancel/reschedule.

Called the support number (022 62011000) for status update on the case and the only response we are getting is that the case has been escalated to the relevant department and we need to wait for them to revert with next steps.

This has been extremely frustrating and we still do not know our tentative travel back date.

Does anyone know an escalation route that can get this expedited, or a Consulate contact so that we are able to connect to the Consulate directly. If you have been in a similar situation, how long did the resolution take for you?

Many thanks,
SD