Employer B applied H1 transfer on Sep 12 2018 in Vermont Center. RFE was issued on Jan 22 2019; RFE response submitted on Apr 12 2019; Service request raised on June 11 2019.
USCIS responded Service Request on June 13 stating “case is still being adjudicated”
Employer A petition was valid till Apr 2020. Employer A withdraw the petition. In the month of Feb 2019, I came to India. In Employer A revoked petition Number, USCIS website shows “On May , 2019, the Post Office returned a notice we sent you for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC*, because they could not deliver it. This could
have a serious effect on your case”. After this, I modified the previous address to my friend U.S home address. They sent the revoked petition copy to my friend U.S home address.
Currently, I’m in India. When I check the Employer B case status, I see “Our Vermont Service Center office will begin working on your case again. If you move, go to address change and provide new mailing address” along with petition number and date.
- Is it good to change same U.S friend address for mailing or India address for the pending Employer B petition ?
- I aware for the petition result, USCIS will send the copy to Attorney/Petitioner. In this case, Why USCIS request to update candidate address.
Kindly let me know.
Candidate address change is required if you are in US.
You do not need to change address for delivery of H1B documents as they will be delivered to your employer.
Finally My petition was approved on Aug 20 2019. Currently, I am in India but the petition got approved till Jan 15 2020.
I blocked the stamping date on Sep 30 2019 before the petition approval. I was in India from Feb 2019.
However, My Petitioner is not willing to send the I_797 approval copy for stamping. Unless and until my stamping was not done, I cannot re-enter U.S. Without approval copy and relevant documents, I cannot go for stamping. Is that anything can be done from my end ?
For additional information, Please refer the question in the same topic.
I am not sure why your employer is not willing to send i797 copy. It is absolutely required and visa officer will ask for it.
You should explain this to your employer’s attorney. They would know about it.
I checked with attorney as well but they replied “it is the immigration partner responsibility to reach out the admins and collect the approval copy”.
Petitioner received the approval copy. They sent me an e-copy but this is not sufficient for me.
Petitioner/Attorney are not ready to send the approval copy till now. Petitioner i.e IT Consulting firm is finding difficult to get the project within 5 months.
This may be the reason. If attorney and Petitioner is not willing to send the the approval copy and relevant doc, I cannot do anything from my end. Isn’t ?
I have no idea why your H1B employer is making this mistake. I am sure they know it pretty well that original i797 is required to appear for visa interview.
If they are not sharing it, then they are doing it intentionally and they know the outcome too.
If you have already taken the appointment, you can try going with the print out and try your luck.
You can get a copy of approval using USCIS FOIA request but that’s going to take months and then it may also be not the original copy. Visa officer will ask for original far as I know.
When they applied H1 transfer with extension and RFE submission, BNYM was the client and they would have submitted client document till Jan 2020.
That’s the reason USCIS approved till Jan 2020 instead of approval from Sep 2018 to Sep 2021.
Now the client is no more with the IT Consulting firm. Also, they are finding difficult to place the new client before Jan 2020. I was thinking to go with Photocopy of the approved I797 but If VO asked for other documents…I cannot provide.
In this case, you have to first file an H1B amendment and then apply for visa stamping.
Who will do H1B amendment for me. I am in India and joined new company. No employer is filing H1b amendment for me. I tried with ‘X’ Employer as well but they are not interested to file H1 transfer or amendment.
I can only help with immigration related questions.
Yes. I understand you will answer only immigration related questions. I am telling no one will do H1 Amendment for me. I will try my luck by going to stamping with Photocopy of the approved petition.
I checked with attorney again to send the approved copy of I797 but they reported to Company. Again, HR asked me not to contact attorney again for approval copy. Company HR contacted me and said they can provide approval copy, only after joining. It seems no logic. I am asking approval copy to go for stamping and join the company but they are simply posting irrelevant questions to me. As per your advice, I raised FOIA request to USCIS and provided my friend US address. Once he receive the copy, He will send it to me.
- Can I reschedule the stamping date from Sep 30 2019 to some other date ?
- USCIS approved my petition till Jan 15 2020. If I receive the approval copy before this date, can I go for stamping. Isn’t?
You can apply for visa stamping using the i797 copy from FOIA. Appointment can be re-scheduled too.
Your chances of getting the stamping approval are low if there is no employer employee relationship between you and your employer.
So I need to get Employer Verification letter from my company ? U mean that’s the Employer- Employee relationship letter ? or Do I need to go with RFE response submitted document for the Employer Employee relationship.
An employment letter would be required from your H1b employer.
I have offer letter sent from my company. I can take a color print out of the offer letter and go for the stamping. I hope you are referring offer letter as employment letter.
If you are not working for the H1B employer currently, then an offer letter should work.
I do not understand as to what you are trying to do.
Which employer i797 are you going to use in Visa interview? How will you enter US without a valid job offer from US employer?
I have valid job offer from US employer approved petitioner which was signed on June 2018. This offer letter was submitted in RFE response. I am going to Visa Interview with this offer letter.
I joined new job in India with different employer which does not related with US approved petition employer.
If the H1B i797 and job offer is still valid, then you may be able to get the H1B visa stamp.