New kind of question on 221(g)

[ramanujam95]

Any help in this regard is greatly appreciated.

background: I have my visa stamped from a company 'X' in Feb 2005 valid till Jun'2007, and from april 2005 I changed my H1 to a new company 'Y' and working for 'Y' till now.
I am back in US now with valid visa from 'X' and approved petetion from 'Y' which were shown to the immigration officer in the port of entry.

situation: my wife attended for H4 visa interview yesterday submitted my I-797 along with pay-stubs from new company 'Y', and was asked for 'written explanation why husband travelled back to US on visa from different company'.

If anybody has went through the same situation or have any ideas, please let me know.

Thanks,
-Ram

[ronin]

Hi Ram,

I never heard of this. As long as your old H1 visa is valid, you don't need to transfer your visa to the new company. I hope consulate people also should know this fact. But I am still wondering why they are asking such stupid questions?

Could you please give more inputs in your case.

Thanks Ronin.

[ramanujam95]

Ronin,

my case is just simple, consulate needs a 'written explanation on why I travelled back to US on a visa from older company'.

Since they are asking for a written explanation, I am looking for a section where it says that I can travel back to US on a valid visa and an approved petetion from a different company so that I can quote and refer the section/section # in my explation to the consulate.

Pl. let me know if can find any for me, or can give me some useful input.

Thanks,
-RAm

[ronin]

Hi Ram,

In this case I would suggest you to contact your attorney about this question. I am assuming that they would reply in such a way that it is legal to travel outside US and re-enter with a valid visa eventhough you work for different employer.

Just attach a copy of that mail and give your explaination letter to US Consulate in India.

Let me know your thoughts.
Ronin.

[veena_swsh]

Any help in this regard is greatly appreciated.

background: I have my visa stamped from a company 'X' in Feb 2005 valid till Jun'2007, and from april 2005 I changed my H1 to a new company 'Y' and working for 'Y' till now.
I am back in US now with valid visa from 'X' and approved petetion from 'Y' which were shown to the immigration officer in the port of entry.

situation: my wife attended for H4 visa interview yesterday submitted my I-797 along with pay-stubs from new company 'Y', and was asked for 'written explanation why husband travelled back to US on visa from different company'.

If anybody has went through the same situation or have any ideas, please let me know.

Thanks,
-Ram

Hi Ramanujam,
This is not new. The consulates in India expect that if you have a new H1B approval ( or transfer) by the time you travel back to US, you need to get it stamped, though your old visa might be valid.
They suspect that something might be wrong with your latest approval, and that is why you are evading the stamping. Though you are legally allowed to travel back on the old stamping, your dependants will have a problem. I have made similar postings many times before.
The solution in your case is that you have to write a letter to the Consular Officer explaining why exactly you chose not to have the stamping of your new company. Make the reason convincing enough, and please send your wife with all the documents of the new employer(include all client details and letter from client if applicable), and give her a good counselling session so that she is able to explain all these intricacies to the Visa officer.

And please do not get your attorney in the US to write any letter to them. Its not like the Visa Officers do not know what the law is. If by bad luck, they take it on the offensive, then there will be more problems for your wife's H4. Just do what they have mentioned on the 221(g) refusal letter.

[ramanujam95]

Hello Veena,

Thank you for your input. I would like to put something like these lines.... the reason I chose not to stamp is because FAQ from the USCIS.gov website says that 'the candidate can travel back to US if he has a valid H1B visa and an approved petetion'.
I had what the website says and had no problem is coming to back US. The above mentioned is the only reason I chose not to stamp and not anything else.

Pl. let me know if this is fair enough in the letter.

Thanks,
-Ram

[ronin]

Hi Veena,

You might be right in some aspects but, the VO should aware of the current rules and regulations. If we involve the attorney in this case explaining the visa rules to the VO, and if he/she gets offended, then we can't help them.
Whatever the query they are giving to the applicants, that should be meaningful.

If I am in RAM's place, I could have write a letter to VO asking him to read the rules and regulations once again.

Please notice that Indians are here in US just because they don't have professional workers available.

Ronin.

[kotash]

Ashok

Hi Ram,

You can also mention that you wanted to come for visa stamping on your new H1, but since you did not get any appointment immediately and you had to report back to work, and then you can point out that you referred the website.

Just a thought.

good luck with your wife's H4

Ashok

[vbandaru]

Hi Ramanujam,

What H1 B petition did you submit at the port of entry? If your new company H1 B petition submitted at the port of entry and issued I 94 card, then you are fine. But if you had submitted the old company's H1 B petition and got your new I 94 card at the port of entry......this causes the confusion to Visa Officer. Because your I 94 still reflects old company that you are not working. Visa is just a valid document that gets you into the country. But actual status is verified by I 94 card. Visa Officer can simply find all this information on which company you travelled back by just typing the I 94 travel record number in his/her system. Though your Visa staes old company, at the port of entry if you show the new H1 B company petition and gets I 94 card based on this.....it is as good as a new Visa with the new H1 B company name on it.

Regards,

Satya

[ramanujam95]

Hello Satya,

I am pretty sure (100%) that I submitted my new I797 from my new company but not the the old one.

I am still thinking what should I write in the letter along with the proof from the uscis.gov website as I mentioned in my previous post.

Let me know if you have any ideas.

Thanks,
-RAm

[veena_swsh]

Hi Ramanujam,
Since you are on the receiving end, please do not do anything adverse like letting the consular officer know what the law is as ronin says. You should remember the he is a consular officer only because he knows the law. Write a letter in a polite language. You can supplement it by making your co. request a visa for your wife explaing that you had to join immediately and could not get an appointment at short notice.

[aminder]

Hi Ramanujan,

I have also changed my company and to keep myself on the safe side.. i wrote an email to [email protected], which i got from the TTSVISAS delhi consulate website.
I wrote my question regarding coming back to US on the previous valid stamped visa and they replied Yes we can. So you can do one thing. write them an email asking them about this and do not mentiion you are being questioned by the VO about this. When you recive a reply.. you can attach that with your letter.
I hope which would help.

[ramanujam95]

Hi
Oh its great that I could find a way to show some solid proof in my letter, thank you.

Did you show your new company's I797 at the port of entry?

I showed my new I797 at the port of entry.

Should I mention in the query that I have older company's visa and new I797 during my travel back to US.

Can you tell me what you wrote in your query so that I can use the same?...the reason I am asking is, if that is the same case as mine I would use it in my query too to get the answer 'Yes', and I don't want to take chance in throwing a different meaning and get the un-expected results.

I hope you understand what I am saying..

Thanks,
-Ram

[raogk]

Hi,

In 2003 I did the same thing. I travelled back with new I-797 but I did not get my Visa re-validated in India. My wife went for Interview with my new I-797 and new pay stubs. She was never questioned.
My only suggestion to you is to explain what you did and why you did so and don't ever say that you you are within the rules instead mention based on allowance, u know what I mean. May be in your wife application you have attached old I-94 copy instead of new one which might resulted in confusion to the officer.
Just a thought!

[ramanujam95]

Yes,
She does not have a copy of new I94 I got when I showed my new I797 on my re-entry.
I shall send her the new copy.
Coming to the letter I shall inform them that FAQ's from uscis.gov website say that I can travel back to US with a valid visa and I797, based on this fact I came back to US showing my new I797 and kindly issue visa for my wife.

Let me know if I need to write anything more.

-Ram