Waiting since 16 months. I-797 expired in the meantime :(

A

ahmed-1234

New Member
Hello everybody,

I appeared for an interview in May 2006 and now 16 months have been passed and I am still waiting. I also applied for my wife and son's H4's. My I-797 has expired in the current month, i.e., Sept. 2007. I have sent several emails and I get the same reply each time that it is under process and that they can't give the exact time period.

Questions:

I know my name is very common so I should expect delays but what could be the maximum delay, 3-years or could be even more?

Will they give me a chance to provide a new I-797?

Since this was my second I-797, it means I have utilized the whole 6-year period for H1B, will my out-of-USA stay (More than a year) entitle me for another fresh 3-year period?

Since the 1st stage of my green card (Labor certification) was approved there, will I be able to use the same approval or

will I have to start the green card process from start even if I join the same company?

If I ask them to return my passport for travel, Will they ask me to send it back once the Administrative Processing is done?

Thanks in advance!
 
I really sympathize with your situation. I just have one question out of curiosity. I am assuming you have been in your country for this duration of 16 months and not the US. If that is the case, then how is your company still holding on to you as an employee?

It is my understanding that in order to maintain H1 status, you have to be a fulltime employee and thus show pay stubs, is your company actually paying you while you're waiting for your visa sticker?

I really hope everything works out for you soon.

Thanks,


Stoned!
 
STONED: Thanks a lot for your reply.

Actually I am not on company payroll anymore (My company terminated me after waiting and paying me for 7 months) but the chances are very high that they will re-hire me and provide me a new I-797.
 
Last edited by a moderator:
Oh looks liek ur screwed pretty badly....I wish things get better for you. Are u in pakistan...which city are u in?
 
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