Old visa and new approved i797 with 221g

[vipinarora2009]

Hi,

I got complications in Employer transfer process. Need urgent help.

Here is my current situation:
Employer A: Valid Visa with employer A till January 2018 [was working in USA on this visa from last 2 years with this employer]

Employer B: Approved i797 form

Currently located: Currently in India on Vacation (Got Employer B, i797 approval while in India last week – Dec 5, 2016)

Steps Taken:
- Tried to book appointment for stamping date @consulate for Employer B and got to know that eligible for Drop-box.
- Submitted the passport with all documentation
- Got the passport back with 221g white slip saying “ You need to appear for interview at Consulate Office within 1 calendar year”

Here are my Questions:
1. Can I travel back to USA as I do have valid visa(from old employer A) and approved i797 form from employer B while 221g is still open on my new petition with employer B

2. If I can travel back to USA with above conditions, will I be able to work for Employer B(on Approved i797) and then can come and appear for interview after 6 months (as I have one year of time for interview)?

Thanks. Your help is appreciated.

[raghvi]

Hi,

I got complications in Employer transfer process. Need urgent help.

Here is my current situation:
Employer A: Valid Visa with employer A till January 2018 [was working in USA on this visa from last 2 years with this employer]

Employer B: Approved i797 form

Currently located: Currently in India on Vacation (Got Employer B, i797 approval while in India last week – Dec 5, 2016)

Steps Taken:
- Tried to book appointment for stamping date @consulate for Employer B and got to know that eligible for Drop-box.
- Submitted the passport with all documentation
- Got the passport back with 221g white slip saying “ You need to appear for interview at Consulate Office within 1 calendar year”

Here are my Questions:
1. Can I travel back to USA as I do have valid visa(from old employer A) and approved i797 form from employer B while 221g is still open on my new petition with employer B

2. If I can travel back to USA with above conditions, will I be able to work for Employer B(on Approved i797) and then can come and appear for interview after 6 months (as I have one year of time for interview)?

Thanks. Your help is appreciated.

1. You can only if you willing to work for A and they willing to take you.
2. No, B's petition was approved as consular process, and the consulate has specifically asked you to appear for interview. Why the hesitation in goign for an interview?


This is my opinion not legal advice.

[vipinarora2009]

1. You can only if you willing to work for A and they willing to take you.
2. No, B's petition was approved as consular process, and the consulate has specifically asked you to appear for interview. Why the hesitation in goign for an interview?


This is my opinion not legal advice.

1.>>>> Already resigned from employer A so cannot join back it back.

2>>>>Employer B is a very small vendor with very few employees. After doing all the research I found that there are chances that I’ll get another 221g during interview OR it may get rejected. I cannot take risk of getting stuck in India with another 221g or rejection as my wife (working on H1) and kid are already in US.

I’m thinking about following OPTION if I cannot travel and work with Employer B now w/o stamping. Please let me know if it can work:

I have offer from a large American company (Employer C) starting from June 2017. So thinking to go on H4 (wife on H1) visa for now and will withdraw the petition for Employer B. Then in May, 2017 Employer C can file my H1 Transfer and will start working after approval.

I’m finding Employee C as potential option now instead of taking risk of getting stuck in India or getting rejected with Employer B.
Suggestions Please?

[raghvi]

1.>>>> Already resigned from employer A so cannot join back it back.

2>>>>Employer B is a very small vendor with very few employees. After doing all the research I found that there are chances that I’ll get another 221g during interview OR it may get rejected. I cannot take risk of getting stuck in India with another 221g or rejection as my wife (working on H1) and kid are already in US.

I’m thinking about following OPTION if I cannot travel and work with Employer B now w/o stamping. Please let me know if it can work:

I have offer from a large American company (Employer C) starting from June 2017. So thinking to go on H4 (wife on H1) visa for now and will withdraw the petition for Employer B. Then in May, 2017 Employer C can file my H1 Transfer and will start working after approval.

I’m finding Employee C as potential option now instead of taking risk of getting stuck in India or getting rejected with Employer B.
Suggestions Please?

I agree to go with C rather than B.

This is my opinion not legal advice.