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  • H1 stamping renewal questions.

    Hello,

    Have some questions on H1 visa renewal stamping. sorry for the long message but I wanted to post all of my questions.

    Iam planning to go to india on vacation towards the end of this year(nov last week until jan 1st week) and I need to get latest H1 visa stamping in passport as my old one expired in sep 2007 but i have latest h1b valid until apr 2012. Iam seeing lot of people having some or other kind of issues with stamping so iam kind of concerned and thinking whether to go or not..I need all of your expert advise.

    Here is my long history.

    1. Rejected F1 visa in 1999( there is a note on my old passport showing this data but nothing like 221g ,just'application received on this date').

    2. Retried and received F1 visa in 2000.

    3. Had a DUI in 2002 due to immaturity,just speeding and no accident.. went thru hell to get it off, somehow was able to take it off my
    history(driving/criminal) from public records with some community service and probation... learnt lessons..this was my first and last offence ever.

    4. Started working full time using CPT/OPT from jan 2004

    5. Started working on H1b from oct 2004 for a small desi consulting company.

    6. Went to first time h1 stamping in canada, got stuck because of federal background check(due to dui).had all certified court documents but officer didnt accept and said have to wait for fingerprint reports... After 1 1/2 month got visa and came back to US.

    7. Went to india in may 2005, didnt had issues coming back.

    8. April 2006-changed employer, joined full time in a Reputed company, transferred H1(valid until apr 2009) and filed greencard(eb3 07, dont ask me why eb3).

    9. Went to india in feb 2007 and again in may 2007 for marriage. wife took h4 and both came back.

    10. Applied i485 during july 07 fiasco, fingerprints done, got EAD, AP. my wife used EAD so her h4 is not valid anymore.

    11. Extended h1b , got fresh one until apr 2012.

    12. Indian Passport renewed in chicago

    13. Got ead/ap renewed in 2008 and recently applied for AP renewal as current expires in dec..my attorney wanted to get it sooner so that if i have any issues during h1 stamping, i can use AP to come back.

    14. Was called for INS 485 interviews for both of us in Mar 09(not sure why), everything was clear except for DUI so took an attorney with me..went
    smoothly,i told about dui(for some reason this was not mentioned on my 485 due to some confusion), officer looked at certified documents i had, took those and Kept in file,she said i will not need those anymore anywhere and said our files are approved but have to wait for visa numbers...

    15.During same time, she asked my wife to take fingerprints as old ones expired..but for me she said mine are on file so no need to take it again.

    16. Before 485 interviews, I took criminal history for both the states i resided until now and i also ordered FBI fingerprints.

    Iam preparing all documents for the visa , have everything except for company's documents(listed on consulate website) as they are confidential, my HR asked me to take the general financial reports published on our public website...she said most of the documents asked are for contractors so I shouldnt be worried about it since iam full time. she even asked my attorney to report it to the consulates to clarify on their websites about the documentation asked.

    Since my wife used EAD, she will be coming back on AP, I wanted to use AP to come back but my attorney wants me to maintain h1 status as long as
    possible(this is my 5th year)...I talked to my attorney about my concerns about dui, he said since its past 3 years, I will not be referred to any
    physician..

    My employment and tax history is straight forward..So my main concern now is when i go to h1 stamping in hyd, Will i have to go thru the federal checks again or can they use the fingerprints on file OR look at the FBI reports I have with me? and since iam going to hyd, that adds to my concerns as its new in processing. my attorney says there shouldnt be any problems but I know nothing is guaranteed.

    When I go to VFS to check for appointments , One of the questions on the site, it asks 'Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*' I have to select YES for this, right? iam in same visa class but my visa stamping expired in sep 2007 with valid h1 valid until 2012?. Also, in visa renewal criteria ,it says applicants are not qualified for vfs appointments, if 'Applicants who have a U.S. visa that expired more than 12 months ago. ' ..iam confused..

    Experts, please help. what kind of questions or delays should I expect?

    I really appreciate the help in advance.

    Thanks.

    pk

  • #2
    3. You have to declare this. A community service and probation is considered a conviction. This is not a CIMT however, you will be subject to panel doctor evaluation when you go for the visa.
    6. You will face similar situation again for visa stamping as you MUST declare it on the forms. Any material misrepresentation on the forms could lead to permanent ban even if uncovered in the future.
    8. I won't ask.
    14. Due to the arrest record. Common procedure.
    16. If your company is a public listed company, all financial info is available online or in their yearly company shareholder bulletin. That would suffice.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      thanks for the response txh1b.

      I did declare the conviction previously at first time h1 stamping and I will declare it again when i go to visa next time..but my attorney confirmed since my conviction was more than 3 years back and thats the only conviction, i will not be referred to any panel doctor..he did send me some official uscis pdf document sometime back to confirm it. hoping iam OK there but never know.

      Comment


      • #4
        Your attorney is right but you never know what "could" happen. It is up to the VO as you cannot show a document and tell them you cannot do that!

        It is better that you be prepared for the worst and if you get the best out of it, there isn't anything wrong with it.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          yes, I agree...never know what 'could' happen...thanks for the quick responses..

          Comment

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