H1 Pending for 18 months. What if I resign? Can I transfer H1?

[Asifimmi]

Dear Gurus,

I am Asif Iqbal from India. I need your help and guidance in case of my pending H1.

My (indian MNC) company applied for H1 in 2006 and I appeared for visa interview on 30th,Oct 06. But the Visa was put on-hold due to 'common name' issue and I was called to give full-hand fingerprint, which I gave the next day. It's been 18 months now and it is still pending. I have suffered huge career loss due to this setback. I am still with the same company which applied my H1. I have never been to US.

I want to know...

1) If I resign then the company will withdraw my H1 petition. In this case will the investigation process (regarding common name) going on for last 18 months be nullified ? If I apply for another US Visa(b1/l1/h1) from the new company then will the entire investigation process starts afresh?

2) While my H1 is pending and I am in India- can I ask my new employer to get the H1 tranferred on its name?

3) While my H1 is on hold can I apply for another (L1/B1) visa and hope that it might go through.

I shall be extremely thankful for ur help...


Best Regards

[DMX17]

Did you check with the consulate about why it is taking so long for a common name check? I mean 18 months sounds ridiculous to me.

[txh1b]

Unfortunately, the common name issue is a pain and you have to deal with it for every visa attempt.

[Asifimmi]

Thanks for your replies. I did call consulate many times but they keep saying it is 'pending' and they will get back to me.

Could you please advice me the options I have...

Could you please give me ur suggestions on these options:

1) If I resign then the company will withdraw it's H1 petition. In this case will the investigation process (regarding common name) going on for last 18 months be nullified ? If I apply for another US Visa(b1/l1/h1) from the new company then will the entire investigation process starts afresh?

2) While my H1 is pending and I am in India- can I ask my new employer to get the H1 tranferred on its name?

3) While my H1 is on hold can I apply for another (L1/B1) visa and hope that it might go through.


Eagerly waiting for your replies...

Thanks a Lot...

[txh1b]

1. Doesn't matter if you resign and withdraw the H1b application. Unfortunately, name check will apply everytime you apply for a visa. May be, your old file got buried deep down somewhere with the state department. Application for a new visa will trigger a name check again. Only hope you can have is that getting completed faster.
2. Yes, you can do that. It is not a check about the H1b documents that you are facing. It is a name check and has got to do with too many people with your last/first name combination on some list that DoS maintains.
3. You can only hope so but I doubt if it will go through as name check is triggered by the system and VOs generally do not override it with their discretion as they have been charged with issuing visa to the right people after 9/11 and could get into trouble later on if something bad happens.

[milf]

1. Doesn't matter if you resign and withdraw the H1b application. Unfortunately, name check will apply everytime you apply for a visa. May be, your old file got buried deep down somewhere with the state department. Application for a new visa will trigger a name check again. Only hope you can have is that getting completed faster.
2. Yes, you can do that. It is not a check about the H1b documents that you are facing. It is a name check and has got to do with too many people with your last/first name combination on some list that DoS maintains.
3. You can only hope so but I doubt if it will go through as name check is triggered by the system and VOs generally do not override it with their discretion as they have been charged with issuing visa to the right people after 9/11 and could get into trouble later on if something bad happens.

Asif It happened to me the same when i was in Gulf Country working in IT field when i received my H1B papers from US, It took me 5 months to get the visa on my passport. when i first visited US Embassy they returned back my passport and said my name is under check. I waited till they call me back themselves in the 5th month. I suggest you to not to call them oftenly, let the time take its own course of action. Inshlh U will get it soon.