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  • H1B revalidation mess

    I have an interesting story on H1B revalidation process (i.e. getting a reentry visa stamp on passport from within the US) that demonstrates how the whole system stinks.
    I sent my H1B for revalidation to St. Louis on Aug. 24 2000. All documents and fees were complete.
    I received a letter from them on Sep 28 2000 saying that I did not include the reciprocity fees and I had to reapply afresh. They did not even send back the old application form.
    I cross-checked with the postal service and was told that the money order was duly cashed.
    To expedite the process, I got another money order and mailed it out with a fresh application on Sep 29, 2000.
    I have yet to hear from them. I have tried to contact them by phone without success. I have sent a couple of faxes, but received no response. This is truly amazing! I have enquired from the bank and found out that the new money order has not yet been cashed.
    Their big time goof-up has resulted in a) My travel plans going haywire; b) My project plans at work have suffered; c) I have overspent on fees, FEDEXes etc; d)I have wasted considerable time on this.
    Does anyone have any suggestions on what actions should I take? What should I do to atleast recover my original reciprocity fees back? I would greatly appreciate any suggestions.
    Amazed in the US of A

  • #2
    There is nothing much you can do. Hope that you get your passport revalidated.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      H1B revalidation mess - got messier

      Immihelp,
      PLEASE HELP!
      The worst has happened. It seems that the State dept has misplaced/lost my and my family's passports and other documents.
      I had applied for visa revalidation. On not hearing from the state dept for 3 months, I sent them a request to withdraw my application. They replied saying that the passports were returned 2 months ago in the fedex envelope enclosed ny me. However, I never received anything from them. Enquiries with fedex have revealed that no packet from the state dept was processed for me around the date mentioned by the state dept. I have requested the state dept for an explanation, but have not received any response. They are most uncooperative. I am not sure if they understand the gravity of the situation.

      Do you think there may be a legal recourse that may be able to pry open the doors of this uncooperative dept and investigate?

      Any suggestions would be greatly appreciated.
      Outraged in the US of A.

      PS. Moral of the story - Be very careful when sending any original documents to the state dept. It can be very risky.

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      • #4
        No Legal Recourse!!

        Usually, there is NO legal recourse! You are actually sending the H-1B documents/passports and fees etc. etc. on behalf of your Employer as it is for him/her to ensure that your validity of status is maintained. He may ignore this and leave the burden on you, as he knows that it is you who will land up in a mess bigger than his own (he can always replace a worker while the earlier worker can be shipped back overseas). Legally, the INS does not even entertain a plea or etc. from an H-1B candidate as he/she is an Alien and hardly any Govt. Body is responsible to an "Alien".

        Your Moral of the story is absolutely correct.

        It is very very sad that this thing has happened. The law of Averages has worked out here and as they say in Hollywood, "@#%$ Happens!".

        Hope you have been able to find a recourse to your problem! Maybe, hold on to all the document trail and go to the Indian Embassy for a fresh passport! They too are mostly "overburdened" with work, you know that, but give this whole bad episode a couple of months to sort out and you will be then able to put it behind you!!

        Good Luck!

        /SC

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