Applied for H4 to H1. Got Abandonment (I797B)

[olsurf]

Hello all,

I applied for H4 to H1 in April 2008 and unfortunately went our of US. Now I got USCIS notice I797B with no I94 and they suggest to visit US consulate in India to get visa. I am not sure if they really issue visa or not. Can someone here please help in getting some probabilty on my getting H1 stamp on this I797B? USCIS says by norm, it should be cancelled...but I am not sure if Consulate has any powers...


Thanks a lot,
Regards,
HJ

[txh1b]

You should be worried only if you don't have a real job and that seems to be the case here.

[olsurf]

You should be worried only if you don't have a real job and that seems to be the case here.

I was offered job by consulting company, but since I can not even get SSN on I797B, I can not start working. So you are saying that if my sponsor can provide me employement letter and future project, it will help me in getting H1B stamping from India? Please help.

[txh1b]

They can file for an amendment to amend the H1b to COS. Yes, you can get a visa stamp and enter abroad if you dont want to wait for the amendment to go through which could take 2-6 months.

Does your company have a job available for you? There is nothing like future job. H1b is processed based on the fact that a job is awaiting you from Oct 1st.