Documentation Queries

I have submitted my H-IB papers for stamping at the Chennai Consulate. The Consulate has called me for an interview. I have ensured thaem that my documentation will be thorough. I finished my three years PGDBA (MBA), BACS (3 years), PG Dip in Materials Management (1year) and software courses. I have total experience of eight years, of which I worked three years in the IT industry. I have visited three countries and worked on a software project outside India for six months. Since the above-mentioned facts were in my favour, I was hopeful that the Consulate would stamp my papers without calling me for an interview. When I received the interview call, I was upset.

Will there be any problem with my papers? What kind of questions will be asked in the interview? Some of my friends have informed me that an interview call signals rejection of the H-IB? Is this true?

Do not go for an H-IB interview with a negative frame of mind. You have been called for an interview to revalidate the papers Please ensure that all papers are certified as original and the persons who have signed your certificates are available Please note that you need to carry reference of the work you have done in the software industry.

Please read articles stamping requirements to get to know more about H-IB documentation.

According to our lawyers, you may have to answer the following obvious questions.

Why you want to go the US? Could you not see bright future in India?

Your answer: "My career can take off, if I go to the US. "

Since the US economy is in the midst of a slowdown, why do you want to go to the US?

Your answer: "The US needs skilled engineers and hence I want to go to the US.'

 
I have been working in the US as a computer professional for the past four years. I switched companies in January of this year and I am planning to visit India in the second week of Jan 2007 and get my new H-1B visa. The problem is that my original I-797 A form of action has been misplaced. My lawyer says that if I go to the embassy without the original I-797, I might be denied the visa and might have to stay in India till I get the I-797 A reissued by USCIS which will take up to six months. Do you think if I take a lawyer certified copy of the I-797 to the embassy, will I have trouble getting my visa? Any advice you can provide will be very helpful.

1. We understand that you can apply for a reissued copy of your I-797 on an express basis if your lawyer can prove to the BCIS that you need to travel on an emergency basis.
2. We recommend that you apply for stamping only after you get a reissued I-797. If you have lost your I-797 it is mandatory that you inform BCIS immediately, register a complaint and ask for a reissue which is usually free of cost.
3. We have heard of issues happening with lawyer certified I-797's. Since a lawyer has to certify that he has seen your original I-797, in your case there is no way a lawyer will certify the same as it is clear that you have lost the I-797.
4. For reissue of your I-797, letters from your employer and a visit to the nearest USCIS office might help. Please talk to an immigration lawyer before taking any decisions.

 
  I accepted employment offer while in the U.S. on a B1/B2. I subsequently returned to home country of Nepal while H1/B application was pending and then returned to U.S. again on a B1/B2 on July 9, 2006 and was given an I-94 departure date of September 29, 2006. Application for H1/B was still pending in September so we filed I-539 application for extension of B1/B2 stay. At the same time, we filed I-102 application for new I-94 because customs ripped number upon entry. I remained in U.S. after September 29, 2006. On October 2, 2006 I received my H1/B approval notice I-797B. No I-94 was attached probably because POE consulate box was checked making it look like I was not in U.S. Note that I-539 is still pending but I-102 application for new I-94 was returned for error without original I-94. What do I do now? Even my lawyer is confused. Can I work? Should I apply for a new I-94 with status changed? Do I need to leave the U.S. now before beginning work so I can reenter and get stamp?

1. You can technically start to work for your new employer on the basis of your H-1B approval.
2. You can apply for a new I-94 to legalize your departure status.
3. If you ever leave the US you will have to get your H-1B stamped in the country of origin.
4. Based on experience, you can start to work after applying for social security.
5. Please talk to an immigration lawyer as our advice is based on past experience.

 
  I was not given H1B twice in May and June of 2006 due to 221g for some documentation. Does it mean I was refused twice? Also I am planning to go for B1 in Oct '06, will there be any issues as I was refused twice for H1B? What are the chances of getting B1?

1. Please note that since your H1-B was rejected twice for the lack of documentation, it means that you cannot apply for an H1-B visa for the next six months.
2. Please ensure that you have the full documentation in place for the H1-B visa in terms of multiple invitations, travel plans, hotel bookings, your current company brochures, nature of your visit etc. before you go for stamping.
3. Please note that the Consulate will look at your case as a fresh B1 case but please be very clear as to why you didn't have the documentation as required for the H1.
4. We hope your H1 was not applied for by your current US company employer.
5. Please note that you will have a lot of questions asked about your job, purpose of visit, nature of visit etc, since your H1-B was rejected in the recent past.

I work with as US-based company, which has licensed its product to a telecom company in India. I came to India for product implementation. I am currently working in India. In fact, all employees, including our CEO, are in India. We are likely to be in India for the next twelve months. In January 2002, I have to travel to the US for 15 days. My old visa has expired. The administrative functions of the company are being conducted from a home office in the US, as employees are in India. Our company is still registered in the US and we are getting paid in dollars and have filed taxes regularly. When I go to Chennai for visa stamping, what can I use as a substitute for "office photographs"? I am working with this company since November 98 and have a valid H-1B approval notice. I also have my previous stamping in Nov 1998 from the same employer.

We suggest that you get a letter from your employer about the same. In addition, enroll the services of a US lawyer to certify the same. We do not think any problem would arise at the time of re-stamping, if you have filed your tax returns in the US.

I just got my H-1B stamped but I lost the original I-797 (Approval notice). I need to enter the US immediately. Is it possible for me to enter the US with a photocopy of the I-797 and a letter from the sponsoring company explaining the loss of the I-797?

Under the changed circumstances, it would be difficult to gain entry without the original. However, if you carry with you the right documentation such as appointment letter from the company explaining the loss of the I-797 and a letter from your lawyer then you will probably not face any problems. Please consult your company lawyer and ensure that you have your company lawyer at the airport

My original I-797 is currently with the Consulate. Is there any way that my employee or my lawyer can get the original back? If I do not go back to the Consulate for stamping, what will happen to the I-797?

Please go with the originals, as asked by the Consulate. You or your lawyer cannot get the same. Once the Consulate verifies the originals, your visa will be stamped. In case you do not go back, the Consulate can blacklist you for entry into the US. Please note that you should talk to the client and his lawyer, whoever applied for the H-1B before going to the Consulate

Thanks a lot for answering my earlier query. It was really informative. As you said, work experience is defined by full-term employment, but what if one has part-time experience of few months. I have learnt that if one holds a Doctorate or a post graduation degree, the Consulate does not grant any importance to work experience worth few months. Moreover, what is verifiable reference of workplace. It's difficult to get a photograph of the present company. Will pay stubs not suffice?

These days the US Consulate does pose many questions to applicants. In your case it could ask you to prove that your Doctoral thesis is related to the work the company does. The Consulate will adjudge whether the company is justified in inducting a fresher.

I would say there is no harm in trying for the visa, as long your sponsor's credentials and financial standing are sound. Please note that it is advisable to carry documentation regarding your financial status, and brochures of your H-1B sponsors.

My employer is not sending me the H-1B documents, but I want to leave the job. It's almost four months now. I am tired of asking him for the documents again and again. Is there any way I can get a copy of H-1B documents directly from the INS without my employers help. I'm a bit scared that he may go ahead and cancel my H-1B even without my knowledge.

It is possible that your employer is facing tough times on account of the slowdown and does not want to call you to the US without any guarantee of work.

If you have the EAC number you can call the INS to now your visa status. You cannot get the H-1B documents from the INS directly. Please be patient and do not take any rash steps which may adversely affect your relationship with the employer.

I am B.Com graduate and I have six years of technical support/faculty experience with me. Can the Consulate reject my visa on these grounds? Please let me know the documents I should carry with me and the sequence in which they must be filed. How should I dress for the interview? Does the Mumbai Consulate have a drop box facility? Should I go directly for the interview or does one need to take a prior appointment

The H-IB law clearly states that if an applicant does not possess the relevant Bachelor's degree, he must have six years of experience in the field. If you do not have the relevant documents to conclusively prove your work experience, the Consulate Officer can reject the visa. Please read article Stamping Requirements on AssureConsulting.com to learn about H-IB documentation. For the interview, we recommend that you dress formally.

As far as we know, there is no drop box facility available at the Mumbai Consulate. However, please check with the Consulate. You can get the Contact Address from article: US Consulates: Contact Information. The Consulate does not give prior appointments for the interview. Please reach the Consulate early to avoid long queues.

One more question. My parents and sister are in the US since the last four years. They went in 1996 on permanent residence (immigration). What are the questions that can be asked? How do I deal with these facts when questioned? Should I inform my current office that I am going to appear for an H-IB interview in Mumbai?

Do not inform your company till the visa comes through. As for the first part of your question, we recommend that you ask the company which applied for your visa for help in handling these questions.

I have a questions regarding the OF-156 visa application form. If a candidate is going for H-1B visa stamping, what does the term current employer mean - the employer in India or the employer sponsoring the H-1B visa?

The current employer means the company who has employed you in India. Your US employer would become current only after you land in the US and start working

Due to the downturn in the US economy a number of people are losing their jobs. Some of the companies that axed jobs last week, are listed below:

Motorola: 2,500 jobs
Informix: 500 jobs
Gateway: 1,500 jobs
CNN: 3,000 jobs
Nortel Networks: 2,000 jobs

If the same situation continues for another two to three months, will Indian workers on H-1B visas lose their jobs? Please make people, who are paying thousands of rupees to consultants, aware of this.

We thank you for raising the question. It is true that the downturn in the US economy has resulted in an unprofitable fourth quarter for a number of US companies. Many companies to cut costs are lying off workers. Hence, one could conclude that it is a matter of time before Indians working in the US also lose their jobs. The conclusion will, however, be faulty, premature and incorrect and can be contested on the following counts: 

First, although statistics are important, they need to be analysed against the backdrop of the right context. For instance, none of the companies you have listed are top H-1B employers. In fact, CNN is not a software company. 

Second, although, not widely acknowledged, it is fact that, despite parity in salaries, many US companies do not offer the same perks to H-1B holders as their White employees. In a lay-off situation, impelled by a need to cut costs, overstaffed departments, unproductive and inefficient workers are laid off. As employing Indians is cost-effective, H-1B workers have nothing to fear. 

Third, according to a recent study conducted by the American Technology work force, 30 per cent of the jobs in the software industry are lying vacant due to lack of qualified staff. Remember, it was this acute shortage of labour that led the Senate to approve and increase in the H-1B quota from 65,000 to 1,85,000 in October last year. By pressing panic buttons, we may be overlooking this vital fact. 

The second part of your query asked us to caution candidates against spending larger amounts of money on consultants to go to the US. I would like to clearly state that any consultant, who demands money from candidates for H-1B visa processing is indulging in unethical practices. Consultants are paid by the US-based company to place candidates. Therefore, candidates, who are paying consultants, are either not qualified for H-1B visas or are being taken for a ride by their consultants. 

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