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H-1B in process, Visitor visa rejected. What are the options now?

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  • #31
    Ok, I will post the details of H-1B approval once I receive it.


    Thanks for all you help Kabkaba!


    F12H1

    Comment


    • #32
      Originally posted by kabkaba View Post
      Having I-94 number in the email does not mean anything. Wait for the approval notice.
      Kabkaba,
      I got the approval in mail and it does not have an I-94 attached, its a I-797-B approval. Below is the text from the approval, could you please review and let me know if I need to go for a stamping?

      Page 1 of 2 - https://www.dropbox.com/s/gn4jdrhq2a...1%20of%202.PNG

      Page 2 of 2 - https://www.dropbox.com/s/t9llridw7f...2%20of%202.PNG



      Thanks,
      F12H1

      Comment


      • #33
        This means the petition has been approved but your status has not been extended. You need to leave the US immediately to avoid further out of status period.

        IMO your Visa has not been voided, because you have not overstayed your I-94.

        Send an email to the consulate and ask them if you can use the existing valid Visa with the new petition to travel to US.

        You can even try to travel to Canada/Mexico and return.

        You now have all the information, just take the call. Whether you want to try and return with the same Visa or whether you want to apply for the Visa again.
        This is my opinion and not legal advice.

        Comment


        • #34
          Originally posted by kabkaba View Post
          This means the petition has been approved but your status has not been extended. You need to leave the US immediately to avoid further out of status period.

          IMO your Visa has not been voided, because you have not overstayed your I-94.

          Send an email to the consulate and ask them if you can use the existing valid Visa with the new petition to travel to US.

          You can even try to travel to Canada/Mexico and return.

          You now have all the information, just take the call. Whether you want to try and return with the same Visa or whether you want to apply for the Visa again.

          Kabkaba,
          Just came back from the attorney, I will have to go for the stamping cause my wife's H-4 is not approved. Will just go ahead and go for the stamping and get it done, if there is admin processing will deal with it and get back.


          Thanks for all your help!!
          F12H1

          Comment


          • #35
            If her H4 Visa in the passport is valid she also does not need Visa IMO. But you go ahead with whatever you have decided.
            This is my opinion and not legal advice.

            Comment


            • #36
              Originally posted by kabkaba View Post
              If her H4 Visa in the passport is valid she also does not need Visa IMO. But you go ahead with whatever you have decided.
              Kabkaba,
              I understand but will just go ahead and get it done. Thank you for all your help.


              Thanks,
              F12H1

              Comment


              • #37
                Kabkaba,
                Trying to schedule a date for the interview and I see Interview Waiver Program option. In my case what would the answer to the highlighted questions.

                Click image for larger version

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                Can be better viewed here - https://www.dropbox.com/s/hvnhis4j27...Questions..PNG

                Thanks,
                F12H1

                Comment


                • #38
                  You are no longer with the same petitioner, are you?
                  This is my opinion and not legal advice.

                  Comment


                  • #39
                    Originally posted by kabkaba View Post
                    You are no longer with the same petitioner, are you?

                    Nope first company let me go hence moved to a new employer.


                    Thanks,
                    F12H1

                    Comment


                    • #40
                      Then you don't qualify for interview waiver.
                      This is my opinion and not legal advice.

                      Comment


                      • #41
                        Originally posted by kabkaba View Post
                        Then you don't qualify for interview waiver.
                        Understand, thanks for you help.


                        Thanks,
                        F12H1.

                        Comment


                        • #42
                          Interview Update

                          Hello All,
                          Follow-up on my case, I had my visa interview on 5 Feb and it was approved. Below are the list of questions asked by VO.
                          1) Do you still work with company A?
                          2) What does company B do?
                          3) How many employees work in Company B?
                          4) What is your Master's in?
                          6) What is your annual salary?
                          Questions to wife,
                          1) When did you get married?
                          2) Do you have any kids?

                          Thank you all for your help, special thanks to Kabkaba for constant help and guidance!!!!

                          Comment

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