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  • H1B visa working from India and applying for I140

    Hi,

    I have been working in USA from Nov 2011 to till date.

    To explain my case I consider A,B,C,D as my employers/clients.

    My employer is A and my client is B - from Nov 2011 upto 3 years.
    then I got job with C and my client is D now - worked there for one year. (In this span, C applied for my PERM and it is approved)
    then project with D is over and got back into the project of my previous client B where my employer is still C - worked for 6 months
    and then Joined D as a full time employee where D is my employer and working at D now. (In this span, D applied for my PERM and it is approved)

    I came to India in November 2016 and went for visa with approved I-797 from D. It is big company and I had all the documents.
    Visa officer got confused with my clients and employers as it really confusing and gave me a 221g letter stating that my case needs to go additional administrative processing.

    I heard back from consulate asking for my previous I-797s and work itinerary after 3 months. I sent all requested documents on Feb 15. I got my passport back after a week and surprisingly I didnt get visa and my case is still in Administrative processing.

    I have some questions over here.

    1. I am still working for D from India and receiving my paystubs. Is it legal to do so for long time ?
    2. Is there any chance I will get my visa ?
    3. Is it a good idea to apply for my I140 with D from India while my H1b case is in Administrative processing where my PERM was approved 2 months back.


    Thanks in advance for your help
    NV

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