Help please. 1 year extension (i-797)with perm approval, 221g form in Visa interview

[AT07K]

Hi,

Could you please help me with this?

I worked for company A for last 6 years, they couldn't file my GC.
Company B applied for GC(Perm) on Nov 2013, it got approved after 7 months, filed H1 transfer from Company A -> Company B. Got rfe. After rfe response, H1B with 1 year extension till 2015 was approved.
Lawyer applied for I-140, got an rfe.

But I had to come from USA and was out of USA for a month. I had to go for H1B stamping and I told to employer B that I will join them once am in USA. Company B is not ready to provide me any documents for my H1B Stamping, unless I get a purchase order from the project which I was working with when my h1b transfer was initiated and I followed up and doing that. (project was not searched by company B, but it was the same project that I have worked with company A). Still my company B is not ready to give documents.
I have to be in USA to secure my project with client, so I went ahead for stamping because company B kept threatening they might revoke my H1B.
VO asked few details but asked if 6 years over how I got H1B extension. I showed my I-140 rfe copy. I told that I got extension with perm approval.
But still VO said they needed more details and gave 221g form. They kept my passport and my original I-797 form and I-140 rfe.

Today I got email from consulate saying Copy of Petition with all supporting documents needed and I could send by email. But they didn't mention what documents.

I currently have Perm GC number, I-140 receipt number. Only numbers

May I know what documents I need to send to VO? I am thinking may be Labour copy, I-140 petition copy. My employer B is giving me tough time to provide documents as well. Is there a way to get these documents online? If I try with freedom of act, it takes longer time. I asked lawyer for documents and he says only with employer approval he can provide. What is the best way to get documents. Every time I talk to employer B it's like he is either blackmailing saying provide purchase order and I will send documents or he talks about revoking my H1B. So am dealing with him slowly or in cool way to make sure I get docs.

After submitting these documents, if my visa is rejected, will they revoke H1B (I-797) form too?

If USCIS revokes my I-797 form (h1b petition), is there a way or any way can I use it cap-exempt and get it filed with another employer?


Please help in answering my questions.

[raghvi]

Hi,

Could you please help me with this?

I worked for company A for last 6 years, they couldn't file my GC.
Company B applied for GC(Perm) on Nov 2013, it got approved after 7 months, filed H1 transfer from Company A -> Company B. Got rfe. After rfe response, H1B with 1 year extension till 2015 was approved.
Lawyer applied for I-140, got an rfe.

But I had to come from USA and was out of USA for a month. I had to go for H1B stamping and I told to employer B that I will join them once am in USA. Company B is not ready to provide me any documents for my H1B Stamping, unless I get a purchase order from the project which I was working with when my h1b transfer was initiated and I followed up and doing that. (project was not searched by company B, but it was the same project that I have worked with company A). Still my company B is not ready to give documents.
I have to be in USA to secure my project with client, so I went ahead for stamping because company B kept threatening they might revoke my H1B.
VO asked few details but asked if 6 years over how I got H1B extension. I showed my I-140 rfe copy. I told that I got extension with perm approval.
But still VO said they needed more details and gave 221g form. They kept my passport and my original I-797 form and I-140 rfe.

Today I got email from consulate saying Copy of Petition with all supporting documents needed and I could send by email. But they didn't mention what documents.

I currently have Perm GC number, I-140 receipt number. Only numbers

May I know what documents I need to send to VO? I am thinking may be Labour copy, I-140 petition copy. My employer B is giving me tough time to provide documents as well. Is there a way to get these documents online? If I try with freedom of act, it takes longer time. I asked lawyer for documents and he says only with employer approval he can provide. What is the best way to get documents. Every time I talk to employer B it's like he is either blackmailing saying provide purchase order and I will send documents or he talks about revoking my H1B. So am dealing with him slowly or in cool way to make sure I get docs.

After submitting these documents, if my visa is rejected, will they revoke H1B (I-797) form too?

If USCIS revokes my I-797 form (h1b petition), is there a way or any way can I use it cap-exempt and get it filed with another employer?


Please help in answering my questions.

I dont think a petition revoked by USCIS can be used to file a cap exempt H1. You would need to go through new cap after staying out of US for a year.

this is my opinion not legal advice.

[AT07K]

Help please. 1 year extension (i-797)with perm approval, 221g form in H1b interview

Thanks Raghvi.

I have one more question.
My employer is pushing me to work with him and start billing.
But I am not in USA, I got 221g form and they know it, They say when they start billing, then they will give documents.
But is it legal to work with them being in another country and they paying in US dollors. I am telling them once I come to USA, I can start working, provide documents to clear 221g.
But they billing first even without my visa and then they are saying they can provide documents.
Any one has any information in this?

[raghvi]

Thanks Raghvi.

I have one more question.
My employer is pushing me to work with him and start billing.
But I am not in USA, I got 221g form and they know it, They say when they start billing, then they will give documents.
But is it legal to work with them being in another country and they paying in US dollors. I am telling them once I come to USA, I can start working, provide documents to clear 221g.
But they billing first even without my visa and then they are saying they can provide documents.
Any one has any information in this?

With whom you work for outside US would not come under US Immigration regulations so dont see anything illegal in it. Also, working outside US and getting paid in dollars, sounds good , unless you staying in a country where cost of living is more expensive than the place of your work in US.

This is my opinion not legal advice.

[AT07K]

Help please. 1 year extension (i-797)with perm approval, 221g form in Visa interview

Thank you Raghvi for the reply.

I am just finding out ways on how to get rid of the trap that I have fallen into with employer B.

I have paid already $2000 **500 for GC perm processing, $3000 more for H1b and still they ask and i am paying. It is my project that we are planning to shift to their company so that they can start billing. All I needed was I wanted to go for H1b stamping to get visa and they said they won't give me documents until I provide Purchase order. I was losing my project and I had to hurry up and go for visa. I followed up for three weeks and they didn't send my documents. Now even after working on getting Purchase order, I say I got 221g, still I didn't get my documents which is my I-129. VO has my Passport, original I-7979.

I am just thinking what options I have.

Can I transfer my H1b to company C while the 221g going on with company B?
Then work parallely with company B and submit documents ....

Or if you know any options can you advice.


Somehow fallen into company B trap and need to get out.

[AT07K]

Help please. 1 year extension (i-797)with perm approval, 221g form in Visa interview

I feel like informing about these kind of issues. I think many may be facing these kind of issues
But there is less proof to report or no one has time to report.

Actually company B is very smart. They take money for premium processing with checks.
Then they take other money differently. They give some name and that person's bank account number and asks us to transfer only cash.
This way there is no proof that they are taking money for h1b. How sad\bad isn't it and then not giving documents and talking so badly when asked for documents.