H1B approved and extension of stay denied (I94)

[promiseking]

Hi All,

My employer applied a H1B extension on 01-OCT-2014 while my visa&i-94 expired on 01-Dec-2014. On 08-Dec-2014 i got received RFE for documents for employee-employee relationship and documents for not maintaining non-immigrant status as initial petition was approved for Middletown,NJ but i was started working in Overland park ,KS after coming to united states (my petitioner didn't process I129 amendment but just filed LCA for location change). I have applied H4 extension for my dependents on 01-Oct-2014. On 02-Mar-2014 we submitted all the requested documents to USCIS before the deadline date for RFE submission.

On Apr 22,2015, we received I539 denial notice since the principal alien was not maintaining a valid non-immigrant status for my dependents. I received H1B approval without extension of stay. The denial notice say that approved I129 has been to Chennai consulate for visa processing.

My employer advised to travel back and get the visa stamped for me and my dependents. I am travelling back to India on 05-May-2015. My questions are :

1. Am i qualified for Dropbox/Interview Waiver Program?
2. Whats documents should i submit if i go for interview?
3. What should i say if the VO asks why petitioner failed to process I-129 Amendment when location changed.?

Please provide you inputs.

Regards
Sathya

[raghvi]

Hi All,

My employer applied a H1B extension on 01-OCT-2014 while my visa&i-94 expired on 01-Dec-2014. On 08-Dec-2014 i got received RFE for documents for employee-employee relationship and documents for not maintaining non-immigrant status as initial petition was approved for Middletown,NJ but i was started working in Overland park ,KS after coming to united states (my petitioner didn't process I129 amendment but just filed LCA for location change). I have applied H4 extension for my dependents on 01-Oct-2014. On 02-Mar-2014 we submitted all the requested documents to USCIS before the deadline date for RFE submission.

On Apr 22,2015, we received I539 denial notice since the principal alien was not maintaining a valid non-immigrant status for my dependents. I received H1B approval without extension of stay. The denial notice say that approved I129 has been to Chennai consulate for visa processing.

My employer advised to travel back and get the visa stamped for me and my dependents. I am travelling back to India on 05-May-2015. My questions are :

1. Am i qualified for Dropbox/Interview Waiver Program?
2. Whats documents should i submit if i go for interview?
3. What should i say if the VO asks why petitioner failed to process I-129 Amendment when location changed.?

Please provide you inputs.

Regards
Sathya

1. Possible if you the original petitioner and current employer are same. Check the eligibility criteria :http://www.ustraveldocs.com/in/in-niv-visarenew.asp
2. https://www.immihelp.com/h1-visa-stamping-documents/ , https://www.immihelp.com/h4-visa-stamping-documents/
Also with a history of extension denial and overstay on I-94, I would suggest you ensure you have prooer client letters/SOW/MSA .
3. Whats the employer/attorney saying as the valid reason?

This is my opinion not legal advice.

[promiseking]

1. Possible if you the original petitioner and current employer are same. Check the eligibility criteria :http://www.ustraveldocs.com/in/in-niv-visarenew.asp
2. https://www.immihelp.com/h1-visa-stamping-documents/ , https://www.immihelp.com/h4-visa-stamping-documents/
Also with a history of extension denial and overstay on I-94, I would suggest you ensure you have prooer client letters/SOW/MSA .
3. Whats the employer/attorney saying as the valid reason?

This is my opinion not legal advice.

1. Yes both by original petitioner and current employer are same
2. I have submitted original client letter,SOW and MSA for RFE for which H1B petition was approved. I can furnish the same during for Visa processing at consulate.
3. I have emailed my employer/attorney for the reason .

Appreciate your inputs