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  • going for H1B stamping after 2 years

    Hi Gurus/attorney,
    I was working in USA on H1B visa from 2005 till Feb 2010.
    I was working on a EVC model in USA.
    I came to India in Feb 2010. I am in India for the last 18 months.
    I have continued working for my employer (work-from-home) on EVC model.
    My H1B has expired in Sep 2010.
    I have continued working for my employer (work-from-home) on EVC model.
    I received my i797 (H1 extension) from Oct 2010 till Sep 2013 in July 2011 (after RFE).
    I have been working except for couple of 2 month breaks during these 18 months.
    I have not received payments from my employer during the breaks (ie., vacation).
    Currently, I am working on a EC model.

    Recently, my priority date became current.
    I am planning to go back to USA & I would like to file for i485.
    I will be attending for H1B visa stamping in Jan 2012 in India.

    My questions:
    1. What questions am I expected regarding a 18 month work-from-home employment and how do put the interviewer at ease?
    2. What should I say, when asked, why haven't your employer asked you to come any earlier?
    3. Since I have been here for so long, do I need to go for immunization (in view of H1B or GC)?
    4. On DS-160, for the question, " Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?" I have mentioned YES. If interviewer asks more details, is it good to mention that my priority date is current?
    5. My wife, who was working as a FT permanent employee in USA in the past, is now in India for more than a year. She is planning to accompany me on H4. I haven't scheduled her to attend the interview along with me, because, I wasn't sure if I would actually get my visa stamped without queries/221g/... Is it better if I schedule her to attend the interview along with me? Can I do that without cancelling my current appointment date at the consulate?
    6. Which part of the interview should I be most worried about?
    7. I have been advice to attend consulate in Canada if possible. What are the chances of getting a 221g/visa rejection in India (on a 1 - 10 scale) in my scenario?
    8. I have printed copies of my online paystubs. Do I need to carry original paystubs (they are in USA at my friend's)?

  • #2
    1. What questions am I expected regarding a 18 month work-from-home employment and how do put the interviewer at ease?
    >>> What you did outside U.S is not their concern. They won't care if you worked for a U.S employer by staying in India or if you worked for an Indian employer.

    2. What should I say, when asked, why haven't your employer asked you to come any earlier?
    >>> Well, you are the only person who would know the answer to that.

    3. Since I have been here for so long, do I need to go for immunization (in view of H1B or GC)?
    >>> No.

    4. On DS-160, for the question, " Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?" I have mentioned YES. If interviewer asks more details, is it good to mention that my priority date is current?
    >>> Any false information can lead to life long ban. Information about your GC will not impact your H1B stamping.

    5. My wife, who was working as a FT permanent employee in USA in the past, is now in India for more than a year. She is planning to accompany me on H4. I haven't scheduled her to attend the interview along with me, because, I wasn't sure if I would actually get my visa stamped without queries/221g/... Is it better if I schedule her to attend the interview along with me? Can I do that without cancelling my current appointment date at the consulate?
    >>> It is advisable to attend both H1B and H4 together. There will be very less questions to the dependents and upon approval of the H1B, in most cases the H4 gets approved too. You will cancel the book a new appointment if you haven't done so already.

    6. Which part of the interview should I be most worried about?
    >>> Are there different parts to the interview? It is after all a 10-15 minute interview.

    7. I have been advice to attend consulate in Canada if possible. What are the chances of getting a 221g/visa rejection in India (on a 1 - 10 scale) in my scenario?
    >>> There is nothing special about your scenario. Your application will be treated as anyone else. You will not receive a 221g for staying out of U.s for a long time. If the employment still exist and the documents are in order, the chances are high.

    8. I have printed copies of my online paystubs. Do I need to carry original paystubs (they are in USA at my friend's)?
    >>> Printed copies are good enough.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Same case need info

      Hi Arun,
      I am in a similar situation as you. Can you please let me know if you did go for the visa interview and how it went.

      Thanks.

      Comment


      • #4
        got 221g

        went to Chennai. grilled about my 2008 , 2009 exp and w2s . Got 221g green form.
        Last edited by arunnarayan; 01-30-2012, 09:31 AM.

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