Any risk on H1B1 approval/stamping?

chatterjee

Registered Users (C)
Need Urgent help!

I was on H1B1 status, working in NY. I was never out of status.

1. I had done my I140 petition (not done I485 petition) in EB2 NIW category (self petition) in November 2003 (PD: 11 Nov 2003).
2. I got a job in Hong Kong (same profile and job description but much higher salary), and moved out of US in June 2004. Currently, I am in HK.
3. Got RFE in May 2005 on the NIW petition. Answered RFE in Jul 2005 (self petition).
4. I140 got approved in Aug 2005 (USCIS sent approval notice to HK address).
5. Could not apply for AOS through consular processing due to retrogression (couldn't complete I485 application in Sep 2005)

Now, I plan to be back in the US with a similar job. Company willing to sponsor H1B1.

Question:

1. Will there be any problems in getting the H1B1 done? (I mean, I will apply for H1 in Apr 2006 and hope to start working in Oct 2006 when the fresh H1B quota gets exercised -- I have US advanced degree)
2. Given that I have an I140 approval, do I need to mention in that I have a pending application for immigration (intention to migrate)?
3. Is there any chance of H1B1 regection? Can immigration authorities stop me at the port of entry even after the issue of H1b1 and stamping? Or is there no probs?

Gurus, please help me. I have to take an urgent decision.
 
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H1 approval is 99.99% guaranteed, for stamping overseas counsulate they may verify several documents like employers records, paystubs, taxreturns and the authenticity on job offer etc. If you have all this in order feel safe.
H1 is dual-intent, so 140 sould not have any impact on H1 stamping.
 
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Thank you Armie. The Job is proper, and salary (high six fig.) etc. is all good. However, it is a start-up firm and I will have to go to NY and set up their office frm the scratch etc. So, no track record, no profit record etc. A firm that will focus on Asia and do investment banking activities... Thus feeling a bit concerned.
 
chatterjee said:
Thank you Armie. The Job is proper, and salary (high six fig.) etc. is all good. However, it is a start-up firm and I will have to go to NY and set up their office frm the scratch etc. So, no track record, no profit record etc. A firm that will focus on Asia and do investment banking activities... Thus feeling a bit concerned.

Chatterjee,

I do not think you need to worry. A friend of mine applied for I485 and then left the USA- his application was then considered withdrawn. 2 years later he got B1 stamping in Chennai for a MNC and came back to USA for a few months. They do not give these things much importance.. If you get your stamping in HK, you will have nothing to worry about. Take it easy.
 
Thanks Kobra 33611, I will have to get the H1B stamped in Singapore. This is a Singapore based company (I am currently in Hong Kong, but will have to move to Sing to join). My I-140 has been approved in NIW category and my GC application remains valid. I should be able to apply for I485 as and when my PD becomes current (Nov 2003)....

I am hearing some horror stories about H1B stamping in Singapore, are these true?
 
chatterjee said:
Thanks Kobra 33611, I will have to get the H1B stamped in Singapore. This is a Singapore based company (I am currently in Hong Kong, but will have to move to Sing to join). My I-140 has been approved in NIW category and my GC application remains valid. I should be able to apply for I485 as and when my PD becomes current (Nov 2003)....

I am hearing some horror stories about H1B stamping in Singapore, are these true?

What are the horror stories that you are hearing in Singapore ? :D
 
Can some one please guide?

Please advise on what might happen in a situation like this:

A person's 2nd term H1B expires on Sep 2007. She is not able to file her PERM case (labor) until Oct 2006.

Would she be able to renew her H1 at the end of Sep 2007 if her PERM gets approved, and I-140 also gets approved before Sep 2007?


However, if her PERM or 140 is rejected, she will not be able to renew her H1.

Am I right or missing something?
:confused:
Thanks for your help!!undefined
 
H1 Extension Stamping in Chennai (India)

Has anyone recently got visa stamp from chennai?

I am on 8th year extension and would like to get H1 & H4 stamp in Chennai consulate.

I would appreciate any comments/experience.

Thanks
 
Someone Please Answer -- my original question was whether it is difficult to get H1B stamped in Singapore (my details above)? ...
 
Chaterjee,

I do not think there will be problems in Singapore, serveral people regularly do it. Once again, what are stories you have heard about Singapore ?
 
I got it in 2004 Oct upt 9 year stampping

pstvak said:
Has anyone recently got visa stamp from chennai?

I am on 8th year extension and would like to get H1 & H4 stamp in Chennai consulate.

I would appreciate any comments/experience.

Thanks
 
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