H1B - Need help On I-797 expired (urgent)

[Rajendra D]

Hi All,

I need some suggestions on my I-797 case. I have applied H1 in 2008 and i got the approval and I-797, in the form it mentioned time period 2008-2011 but i never went for stamping.
I have B1/B2(10 years) VISA I traveled to US more than 5 times in that period. Now In 2013 cap I have re-applied to H1 through one US company but that company HR guy suggested that I no need to apply for H1B visa since iam already having the valid I-797 case number since that is valid for 6 yeras(in the form it mentioned time period 2008-2011), so in that case it can be laps in 2014 Dec.

Now that company guy saying, come to US by his company letter/required documents for 3 months Business trip on my B1/B2 Visa. Once I reached he will apply for H1 transfer and will continue what ever time period they provide in I-797 in US...

So, can any one suggest me is this possible ..? correct way ..? since I am having 7 years IT exp in Data mining/architect and need to resign my current job.

Thanks,
Rajendra D

[Nattybone]

Hi All,

I need some suggestions on my I-797 case. I have applied H1 in 2008 and i got the approval and I-797, in the form it mentioned time period 2008-2011 but i never went for stamping.
I have B1/B2(10 years) VISA I traveled to US more than 5 times in that period. Now In 2013 cap I have re-applied to H1 through one US company but that company HR guy suggested that I no need to apply for H1B visa since iam already having the valid I-797 case number since that is valid for 6 yeras(in the form it mentioned time period 2008-2011), so in that case it can be laps in 2014 Dec.

Now that company guy saying, come to US by his company letter/required documents for 3 months Business trip on my B1/B2 Visa. Once I reached he will apply for H1 transfer and will continue what ever time period they provide in I-797 in US...

So, can any one suggest me is this possible ..? correct way ..? since I am having 7 years IT exp in Data mining/architect and need to resign my current job.

Thanks,
Rajendra D

Hello, Rajendra.

What the US Company is telling you is correct but there is a risk in doing it the way they are asking you to do it.

They are right that the H1B is valid for 6 years, it is not stamped for more than 3 years in one go. And, an extension of 3 years is given once the first 3 years are about to get over. So, H1B is for 6 years and the US Team is right on this.

Secondly, B1/B2 can be switched to H1B from within the USA but it is frowned upon by the Visa officers. They feel that you entered the US with an intent to attend meetings / or on holiday on B1/B2, so if you switch to H1B from B1/B2, they do not take it nicely.

What will happen is, if your request for a COS (Change of Status) from B1/B2 to H1B is approved, you are good to work and live in the USA as per the new visa date which will come with H1B approval. But, whenever you leave US, you will have to get the H1B stamped on your passport. When you go for this stamping, they will ask you why did you switch visa from B1/B2 to H1B. Stamping is granted in many cases who switch from B1/B2 to H1B, but they do not look at it nicely and may refuse you the stamping when you come to India.

I hope this helps.

Wishing you luck.

Cheers,

[Rajendra D]

Hello, Rajendra.

What the US Company is telling you is correct but there is a risk in doing it the way they are asking you to do it.

They are right that the H1B is valid for 6 years, it is not stamped for more than 3 years in one go. And, an extension of 3 years is given once the first 3 years are about to get over. So, H1B is for 6 years and the US Team is right on this.

Secondly, B1/B2 can be switched to H1B from within the USA but it is frowned upon by the Visa officers. They feel that you entered the US with an intent to attend meetings / or on holiday on B1/B2, so if you switch to H1B from B1/B2, they do not take it nicely.

What will happen is, if your request for a COS (Change of Status) from B1/B2 to H1B is approved, you are good to work and live in the USA as per the new visa date which will come with H1B approval. But, whenever you leave US, you will have to get the H1B stamped on your passport. When you go for this stamping, they will ask you why did you switch visa from B1/B2 to H1B. Stamping is granted in many cases who switch from B1/B2 to H1B, but they do not look at it nicely and may refuse you the stamping when you come to India.

I hope this helps.

Wishing you luck.

Cheers,

Hi Thanks for your valid information.

So in that case Can I apply H1 transfer from India.. with new employer ..?
if yes how much time it will take..? will the US Visa team extend my current I797...?
is there any particular time for apply this transfer...?

[Nattybone]

Hi Thanks for your valid information.

So in that case Can I apply H1 transfer from India.. with new employer ..?
if yes how much time it will take..? will the US Visa team extend my current I797...?
is there any particular time for apply this transfer...?

Hello, Rajendra.

Yes. The process will be repeated for H1B. They will revive your old H1B while you are in India, just the way it was done last time. You were in India and a company filed for your visa. The process is same, the only difference earlier it was a new visa, now the application is for revival of an existing visa. The process is same.

Under Premium Processing, it should be done in 5 weeks approximately. The USA company will file for your H1B revival / recapture and the USCIS, should they approve your petition, will issue a fresh I797.

For revival, you could file a petition any time. Fresh visas are applied for in April and work begins from October of that year (should the petition get picked in the draw and then approved).

Hope this helps.

Cheers,