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Hello Group,
In April I came to India for my wedding and first time H1B stamping in Hyderabad. My Visa interview was before my wedding, VO asked me few questions regarding my Employer, Client. I basically belong to EVC(employer vendor client) model. He took my client letter, I129 petition and told me that USCIS will email me back in 2 weeks about next steps. Its been more than 2 months and I havent heard anything from him yet.I was neither issued any color slip nor my passport was taken. All that i was told was to wait for a letter from USCIS. I havebeen reading on forums about similar cases where wait time could be anytime from 6 weeks - 1 year, end result being approval/rejection.
All the while my wife managed to stay in India and work from Noida office location. She had her H1B visa stamped 2 years ago and her first term H1B visa is ending in Sept 2011. So her company asked her to come back to USA as she needs to be in the country when they file for her extension Given my scenario I need some information and suggestion from this forum as how to proceed.
My option for now is to wait for another month and go back on H4 visa, but to do this i have few questions
- If my visa rejects in next month and I decide to go back on H4 visa. Can my wife's current I797 be used while her extension is already filed. Her current I797 is valid until 21 Sept 2011. So even if the extension is filed, am I allowed to use her current I797 before it expires.
- My wife is informed that it takes about 2 - 4 months for extension approval. If I decide to go after 21st Sept 2011, do I have to wait until she is issued new I797 or will any of the extension petitions sufficient.
-Is it wise to go back before her extension is filed or To go back before she is issued receipt for her H1B extension i.e. during the time interval of filing H1B extension and getting a receipt which is about 3 weeks.
- Suppose if I havent heard anything from consulate yet Can I go for H4 stamping while my H1B stamping is pending. If yes, what will i have to do if USCIS approves my H1B stamp and asks me to submit passport immediately after going to US. Flying back is not a problem, but then my passport will already have a H4 stamp. Is this a legal way to approach, if yes what would my immigration status be at the end. I read about Last Action rule, according to this rule what will be my final status.
I appreciate for any kind of help.
Thank you,
WindMill
In April I came to India for my wedding and first time H1B stamping in Hyderabad. My Visa interview was before my wedding, VO asked me few questions regarding my Employer, Client. I basically belong to EVC(employer vendor client) model. He took my client letter, I129 petition and told me that USCIS will email me back in 2 weeks about next steps. Its been more than 2 months and I havent heard anything from him yet.I was neither issued any color slip nor my passport was taken. All that i was told was to wait for a letter from USCIS. I havebeen reading on forums about similar cases where wait time could be anytime from 6 weeks - 1 year, end result being approval/rejection.
All the while my wife managed to stay in India and work from Noida office location. She had her H1B visa stamped 2 years ago and her first term H1B visa is ending in Sept 2011. So her company asked her to come back to USA as she needs to be in the country when they file for her extension Given my scenario I need some information and suggestion from this forum as how to proceed.
My option for now is to wait for another month and go back on H4 visa, but to do this i have few questions
- If my visa rejects in next month and I decide to go back on H4 visa. Can my wife's current I797 be used while her extension is already filed. Her current I797 is valid until 21 Sept 2011. So even if the extension is filed, am I allowed to use her current I797 before it expires.
- My wife is informed that it takes about 2 - 4 months for extension approval. If I decide to go after 21st Sept 2011, do I have to wait until she is issued new I797 or will any of the extension petitions sufficient.
-Is it wise to go back before her extension is filed or To go back before she is issued receipt for her H1B extension i.e. during the time interval of filing H1B extension and getting a receipt which is about 3 weeks.
- Suppose if I havent heard anything from consulate yet Can I go for H4 stamping while my H1B stamping is pending. If yes, what will i have to do if USCIS approves my H1B stamp and asks me to submit passport immediately after going to US. Flying back is not a problem, but then my passport will already have a H4 stamp. Is this a legal way to approach, if yes what would my immigration status be at the end. I read about Last Action rule, according to this rule what will be my final status.
I appreciate for any kind of help.
Thank you,
WindMill
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