H1 extention got I-797b.....what to do...Urgent

[nilgiri]

Hey fellas,

I applied for my 8th year H1B extension and got I-797 B form approved for 3 years without I-94 and USCIS is asking me to go to Indian consulate. My current I-94 is expiring within 15 days.I had bench period for 3 months without paystubs. This was because of financial issue of client company.i have proof of e-mails and SMS from vendors. For this bench period the company (which holds my H1B) asked me to write a leave letter because of my personal reasons without pay.They sent same letters to USCIS as well. This company doesn’t have good record and in past and so many employees got rejected when gone for stamping. I know 5 employees who were rejected.My labor and I-140 both are approved.

Now my questions are as below.

1)If we (me- H1B and my wife- H4) go to Indian consulate for visa stamping then what are my chances for visa approval and stamping? Will they buy my story and grant me extension? How to justify my bench period?

2)Does Indian consulate get all details and reasons from USCIS visa officer which they attached to I-797 B form?

3)If we don’t go to India for stamping and transfer my H1B visa to another company then are there any chances for visa approval with I-94? Or again they will do the same i.e I-797 B ?
Currently I am on project since last more than 7 months and it is going on good.

4)I just have 15 days before my current I-94 visa expires. So if H1B transfer to another company take more time than this date then will I be out of status? If I get denial again or I-797B again and plan to go outside of USA then will it give me trouble on USA and India airports?

I'd really appreciate your help !!!

[raghvi]

Hey fellas,

I applied for my 8th year H1B extension and got I-797 B form approved for 3 years without I-94 and USCIS is asking me to go to Indian consulate. My current I-94 is expiring within 15 days.I had bench period for 3 months without paystubs. This was because of financial issue of client company.i have proof of e-mails and SMS from vendors. For this bench period the company (which holds my H1B) asked me to write a leave letter because of my personal reasons without pay.They sent same letters to USCIS as well. This company doesn’t have good record and in past and so many employees got rejected when gone for stamping. I know 5 employees who were rejected.My labor and I-140 both are approved.

Now my questions are as below.

1)If we (me- H1B and my wife- H4) go to Indian consulate for visa stamping then what are my chances for visa approval and stamping? Will they buy my story and grant me extension? How to justify my bench period?

2)Does Indian consulate get all details and reasons from USCIS visa officer which they attached to I-797 B form?

3)If we don’t go to India for stamping and transfer my H1B visa to another company then are there any chances for visa approval with I-94? Or again they will do the same i.e I-797 B ?
Currently I am on project since last more than 7 months and it is going on good.

4)I just have 15 days before my current I-94 visa expires. So if H1B transfer to another company take more time than this date then will I be out of status? If I get denial again or I-797B again and plan to go outside of USA then will it give me trouble on USA and India airports?

I'd really appreciate your help !!!

1. Truly speaking there is no valid reason to "bench" an employee in between assignments. The employer should continue to pay as per LCA even if "benched" . If employer is not paying it questions the very basis of employer being able to demonstrate concrete and continuous plan for the employee.
2. If they get a doubt they will put your case in admin processing and verify.
3. Cant say for sure. If applied before I-94 expiry you may have a slight chance. But this "bench" period might come back during GC processing so it might be a good idea to have another employer file your GC petition too.
4. Yes you would go out of status. As for going out with an expired visa, I would say avoid Europe airports. I dont see an issue at Indian airports as long as you have a valid Indian passport.

This is my opinion not legal advice.