Sponcer B2 Visa when H1b is expired and Extension not received

[gjain14]

I have a question on my H1-B extension and Sponcering B2 Visa for my Parents.

My H1b got expired on Nov 19 2011 and extension was filed on Nov 15 2011 thru Normal processing with USCIS. The expectation is to get Approval/Rejection/RFE by sometime March 2012 (as per current trend). My I94 is also expired with h1 visa.

I would like to call and Sponcer my Parents on B2 visitor visa (Around Mid of Feb12). The list of documents required for B2 Processing/Stamping needs approved I-797 form. Currently, I dont have the same as h1b extension is still with USCIS.

- Is I-797 really required for sponcership of B2 visa?
- At this Stage, Can I sponcer B2 for my Parents so that they can travel by mid feb?
- As I dont have approved I-797 from USCIS. Can I sponcer?
- Do I need to wait to sponcer them untill h1b extension is approved?
- I have got File Number (EAC*) in reciept aknowledgemt from USCIS. Could my Parents use it as replacement for I-797?
- What is other solution apart from re-apply my h1b extension under Premium processing?
- If I can not sponcer B2 visa for them. What is alternate solution?
- If my parents self sponcer their B2 Visa. would it make a strong case to USCIS?
- If they self Sponcer. Do they need mention about myself in Visa form application?
- If they dont mention ...would it be a problem to get the Visa.

At this point in time, I want to know my alternate options.

Gaurav Jain

[anna1234]

Why dont you wait till you get a response from uscis? March is couple of months away and then you can sponsor your parents without any tension. If you need to do it asap why dont you do premium processing for your h1 and get the results in a week time or max (15 days)?

Even though staying in US when extension is pending is legal, its always safe and better to have a valid i-94 when sponsoring any one. Even if they self sponsor they have to mention about you in DS160 and for your bad luck if VO ask abt your details that will end up in confusion or denial of visa. Why to waste an opportunity ...its just a matter of waiting couple of months

- Is I-797 really required for sponcership of B2 visa?
yes offcourse, if VO ask for i94 or petition what will your parents show

- At this Stage, Can I sponcer B2 for my Parents so that they can travel by mid feb?
I recommend to wait till you get new i94

- As I dont have approved I-797 from USCIS. Can I sponcer?
you can sponsor

- Do I need to wait to sponcer them untill h1b extension is approved?
safe and best option

- I have got File Number (EAC*) in reciept aknowledgemt from USCIS. Could my Parents use it as replacement for I-797?
if you can take risk you can try, give them a print out of the EAC details from USCIS website, but please note it wont show your name, I dont think VO will take time to check.

- What is other solution apart from re-apply my h1b extension under Premium processing?
- If I can not sponcer B2 visa for them. What is alternate solution?
- If my parents self sponcer their B2 Visa. would it make a strong case to USCIS?
If they show proof of good finanical status or job that they can self sponsor then try that

- If they self Sponcer. Do they need mention about myself in Visa form application?
yes for sure, tell tourism and visiting you. Most of the time they may not ask documents but if they ask show expired petition copy and what all you can show that you applied for extension ... just try ur luck

- If they dont mention ...would it be a problem to get the Visa.
if VO find out then forget abt their visitors visa ...

[rickykumar]

Sponcer B2 Visa when H1b is expired and Extension not received

Hi Gourav, Can you please update us what happened with your situation.

I am a kind of similar situation where i have a approved i 797, but it is not stamped in the passport as I have changed to another company.

My i797 is valid till April 20 2018, but it is not stamped in my passport.

Is it ok to go ahead with with the new i797 copy from my current employer and old visa stamped in the passport from the old employer.

Any assistance will be greatly appreciated.

Regards,
RickyKumar

[bhaveshsharma03]

Anyone else experienced the same situtation. Is it possible to get parents visitor VISA when I do not have an approved petition (petition expired and extension is in process)

Thanks!!