Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

9th Year H1B Stamping...Need Help

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 9th Year H1B Stamping...Need Help

    Hi All
    Need your help and valuable suggestions. I am working in a reputed US company (around 30,000 employee) as a FTE for last 5 years. I have approved Perm and I-140 from the same employer. My latest petition valid till Feb 2016. My company is now preparing all the documents to file my extension. We are planing to go to India on Nov 2015. That time we'll go for visa stamping. Is there any issues of our stamping because if we'll go for stamping on Nov then only 3 months left of our latest petition. Please give your valuable suggestions. What are the chances of visa rejection or Administrative Process.

  • #2
    No one can predict your chances of rejection or admin processing as they are case by case basis and it depends on factors related to you and your employer. If you are an FTE working for a reputed organization, then your chances are high. You are allowed to go for stamping as long as the petition remains valid. In case of an admin processing and if it takes more than 3 months, then consulate will deny the visa since the petition would have been expired by then.

    You are not supposed to travel while a petition for extension is pending with USCIS. You will either need to come back and then file the extension or file the extension in premium, get the result and then travel. The 2nd option is better because with an extended petition, your visa will be stamped for the duration of the extended petition.

    Originally posted by book4me View Post
    Hi All
    Need your help and valuable suggestions. I am working in a reputed US company (around 30,000 employee) as a FTE for last 5 years. I have approved Perm and I-140 from the same employer. My latest petition valid till Feb 2016. My company is now preparing all the documents to file my extension. We are planing to go to India on Nov 2015. That time we'll go for visa stamping. Is there any issues of our stamping because if we'll go for stamping on Nov then only 3 months left of our latest petition. Please give your valuable suggestions. What are the chances of visa rejection or Administrative Process.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      No one can predict your chances of rejection or admin processing as they are case by case basis and it depends on factors related to you and your employer. If you are an FTE working for a reputed organization, then your chances are high. You are allowed to go for stamping as long as the petition remains valid. In case of an admin processing and if it takes more than 3 months, then consulate will deny the visa since the petition would have been expired by then.

      You are not supposed to travel while a petition for extension is pending with USCIS. You will either need to come back and then file the extension or file the extension in premium, get the result and then travel. The 2nd option is better because with an extended petition, your visa will be stamped for the duration of the extended petition.
      Hi shervin143
      Thanks for your reply. But at website I read that An H1B nonimmigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, provided they are traveling on an unexpired H¬I B nonimmigrant visa, except where exempt under the visa exemption regulations, and can show that they are returning to the U.S. to continue the previously approved H1B employment.
      Please explain. Appreciate your help.
      Thanks.
      Last edited by samlynn; 09-03-2015, 01:43 PM.

      Comment


      • #4
        I cannot validate information from other web sites. Extension comes with a new I-94 (So is why it is called as extension of status). USCIS cannot issue a I-94 for a person who is outside U.S. For a person who is outside U.S, USCIS can only approve the petition for consular process. So if you file the extension and leave, then your petition might get approved, but USCIS may deny your EOS. That is why it is not advisable to travel when the extension or transfer is pending with USCIS.

        Originally posted by book4me View Post
        Hi shervin143
        Thanks for your reply. But at website I read that An H1B nonimmigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, provided they are traveling on an unexpired H¬I B nonimmigrant visa, except where exempt under the visa exemption regulations, and can show that they are returning to the U.S. to continue the previously approved H1B employment.
        Please explain. Appreciate your help.
        Thanks.
        Last edited by samlynn; 09-03-2015, 01:42 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          I cannot validate information from other web sites. Extension comes with a new I-94 (So is why it is called as extension of status). USCIS cannot issue a I-94 for a person who is outside U.S. For a person who is outside U.S, USCIS can only approve the petition for consular process. So if you file the extension and leave, then your petition might get approved, but USCIS may deny your EOS. That is why it is not advisable to travel when the extension or transfer is pending with USCIS.
          ok. Got it. Thank you very much for your help.

          Comment

          {{modal[0].title}}

          X

          {{modal[0].content}}

          {{promo.content}}

          Working...
          X