Applying for VISITOR VISA with a I -129 (H1B) Receipt notice

K

kvpt_mm

Registered Users (C)
Hi,

I have a situtaion here for applying for VISITOR VISA for family memebers.

I have recently changed my JOB to a new Employer and applied for H1B (I129 Petition in VERMONT,INS)and i got the receipt number and started working for this company from last 3 months and have all paystubs and supporting documents to apply for Visitor visa for the family members except an APPROVED I-129 from INS.

So would you please advise me that whether i can send them to Consulate for VISA with just a RECEIPT notice along with other documents?

How good are the chances for CONSULER may ask for a Approved petition and deny the VISA?

Please Advise

Thanks in advance for the response
KK
 
I am in the same boat. Please read the discussion on this forum for B visa my me. I am planning to apply for premium processing as I hear that approval will come within 2 weeks. It is safe to have the approval notice.
 
Thanks for the Reply

Thanks for the Reply, It seems lika a million dollar question.

I queried a Attorney on this issue last night, he replied saying that as long as i have Paystubs and other documents are there , it is OK to send them to Consulate with just a Receipt notice.

Also, My point is , as we are staying here on Receipt notice and awaiting for approval and it is considered LEGAL, why wouldn't they take that as a valid document give them the VISA!!!

But no body knows what consuler thinks while providing VISA!!

Let me know if you have any more updates.. I will also try to get more information and send it to you if any thing positive comes up.
 
I didnt inquire about this to any lawyer. What I think is, receipt notice doesnot guarantee the case will be approved. Consular officer might think that why should I issue the visa if there are chances that the sponser might become illegal if the INS denies the H1B application. I also read in this forum that someone's parents were denied of the visa under 221(g) section because they didnt have to complete copy of H1B approval notice. They just had the upper portion not the bottom one which looks like I-94. Then the guy faxed them copy of whole approval notice and his parents went to the Consular office again and they were given the visa. This was reported by "atokhi" couple of days ago. I also found a PDF document on web by Mumbai Consulate Office which says that if the sponser is on H1B visa, "it is helpful to provide his/her I 797 copy". I am planning to apply for premium which guarantees decision (yes or no) is 15 days. Anyone please reply if you have any other thoughts. "kvpt_nn" please post if you get any more info.
 
You must log in or register to reply here.
Top