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For an H1B visa a Long delay in stamping after I-797 now needs a valid explanation

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  • For an H1B visa a Long delay in stamping after I-797 now needs a valid explanation

    Hello all,

    For a delay of over 20 months in getting H1B stamped, the sponsor/employer retreated in helping me to get this stamping. Now, in April 2018, another employer is willing to do the H1B-transfer.

    #Q1 Any advice on how to effectively explain the delay in stamping?
    #Q2 What are problems/queries I could face?

    I got my I 797 in March 2016.

    Thanks!

  • #2
    Originally posted by rajm2403 View Post
    Hello all,

    For a delay of over 20 months in getting H1B stamped, the sponsor/employer retreated in helping me to get this stamping. Now, in April 2018, another employer is willing to do the H1B-transfer.

    #Q1 Any advice on how to effectively explain the delay in stamping?
    #Q2 What are problems/queries I could face?

    I got my I 797 in March 2016.

    Thanks!
    You'll be applying for your visa based on the new employer's H-1B petition, which will have a much more recent approval date. It's the current employer's petition that will be relevant during your visa application, not your prior employer's. If the consulate asks why you never entered the U.S. based on the earlier employer's petition, just say that the employer made a business decision to no longer offer you the temporary H-1B assignment in the U.S., so you never applied for the visa. It shouldn't be a big deal unless the consulate suspects that something shady is going on with your new employer.

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