H1B renewal after I140 approval

[awv]

My I140 was approved 9th Monday August. The Labor was approved in July 17th, my 6 year duration of H1B expired 12th May.
Now will have to apply for a new H1B visa. Will I be approved for a new H1B visa in Delhi, or will it be denied?

[shervin143]

Reply back with proper dates including year of approvals. Are you currently in U.S or outside the country? If you are in U.S, have you (your employer) filed for the H1B extension beyond 6th year based on the approved I-140? If yes, did it get approved or is it still pending. If you are outside U.S, on what basis are you planning to apply the visa? Do you have an approved H1B petition in hand?

Without proper details, it is hard to answer your question.

[awv]

H1b stamping after i140 approval

Thank you so much for getting back to me.
So far, I am still in the US, and my employers are starting with petition for I129.
I have been advised to wait till the approval comes through. It might take a month from what I understand.
Once it does, then I need to go to India to receive the H1B Visa. This is where it gets a little tricky,
1. Will the visa officer deny for a fresh work visa?
2. Based on my GREENCARD process, will my work visa be denied as I will be
viewed as a potential immigrant?

[shervin143]

If you have already completed 6 years in H1B and the extension is still not filed by your employer basedon your approved I-140, then on what basis are you still staying in the country and continuing to work after the expiry of your I-94? Since you didn't mention proper dates, I assume your 6th year I-94 has already expired and your stay is now illegal. Extension of status is not possible when you are illegal. So, then it is advisable to leave the country immediately if you I-94 has already expired.

1. Will the visa officer deny for a fresh work visa?
>>> If you have maintained your status correctly and if you were never illegal and if you have proper documents (pay slips, W2 etc), then you don't have to worry.

2. Based on my GREENCARD process, will my work visa be denied as I will be
viewed as a potential immigrant?
>>> H1B is for dual intend. If filing GC is a crime on H1B, then they don't allow anyone to do so at the first place. This should not be a problem.

[awv]

H1B Visa after I140

So far the law firm handling my case has suggested not leaving till my I129 is approved.
My status here is explained:-
1. A B2 Visa was filed 2 weeks prior to my former H1B visa expired on May 12th
to buy time so that I should have valid status when the Labor was approved.
2. Labor was approved on May 17th past my H1B visa deadline.
3. The B2 visa denial come in on 28th May- the lawyers said that I have exactly
180 days to be in this country legally.
4. In the meantime the I140 was filed under premium processing which was
approved on the 9th of August.
5. Now the first steps to I129 is underway, and so have been advised to wait
it out till an answer comes in order to receive the H1B visa in India.

Will all of this cause a complication on my case at the time of my interview at the US Embassy in New Delhi?

[shervin143]

I seriously doubt your H1B extension if approved will come with a new I-94, since your extension of stay was filed past the previous I-94 expiry. In such case, the time spent in U.S past the I-94 expiry date will be considered illegal and your future successful stamping is at the mercy of the visa officer. I would suggest you to leave the country immediately to avoid accumulating illegal stay and return back when the petition gets approved. The 180 day rule is pretty complicated and not all VO’s will buy that excuse. What is the point in having an explicit expiry date on the I-94 if everyone can overstay legally for 180 days without any issues.

[awv]

Further stay in jeopardy

Then I will make plans to leave immediately.
I have not been with the company since the expiration of the H1B visa date, May 12th.
Will it still put me in jeopardy now, if I left, despite explaining to the VO about the B2 refusal and its 180 day buffer at the US embassy in Delhi?

[awv]

Further details

The B2 filing was done 2 weeks prior to the expiration of the I-94.
Its response came 28th May. Will this make a difference with my case?

[shervin143]

It will make no difference since the B2 application was denied.

The B2 filing was done 2 weeks prior to the expiration of the I-94.
Its response came 28th May. Will this make a difference with my case?

[shervin143]

I have not been with the company since the expiration of the H1B visa date, May 12th.
>>> You need to leave immediately. You obviously cannot work for the company without proper work authorization.

Will it still put me in jeopardy now, if I left, despite explaining to the VO about the B2 refusal and its 180 day buffer at the US embassy in Delhi?
>>> Not all VO's accept the Nun Pro tunc rule. You should consult a good immigration attorney. Check this link on a similar topic
http://www.immihelp.com/forum/showthread.php?p=211606

[txh1b]

What is wrong with people? There is NO 180 DAY rule that allows overstays. Even a single day of overstay is a BIG DEAL. Do not listen to anyone that says there is 180 day overstay that can be excused. There isn't any excuse and if you are caught, it is an automatic 3-10 year BAN.

[awv]

Exit for India

Thank you for your advice.
Plans for departure in this Monday.
Hope all goes well, while I await for the I129 response ,which is underway.

[awv]

Supporting documents for interview

A quick question to find out exactly what documents to I need to carry with me at the time of the H1B interview at the US Embassy.

Thanking you,
Richard Dupuy

[shervin143]

Check the below link. In addition carry the Labor/I-140 approval.
https://www.immihelp.com/h1-visa-stamping-documents/

A quick question to find out exactly what documents to I need to carry with me at the time of the H1B interview at the US Embassy.

Thanking you,
Richard Dupuy

[awv]

Is 2010 work visa cap used up or still available?

Thank you for the important information regarding the supporting documents.
I wanted to know if the H1B visa has been completely exhausted or are there still spots still available?
If yes, how soon will a H1B visa be issued; will it be several months or a couple of months?