Can someone clarify me the difference?. its a total $%@# to me

C

Confused_h1B

Registered Users (C)
Hi,

The H1B check list revalidation says

I-797A
A copy of I-129


when I asked my lawyer , below is her reply.

"Your I-129 approval notice is the I-797. If you look at the bottom corner of the approval notice you will see the I-797 designation."


in this case, how can show I-129 to consulate when I go to visa revalidation?.


can anyone please please please explain me what is I-129 and how can I get it as I dont not have it except I-797 approval notice?


or Am I thinking too much on this?. shouls I797( no I129) is enough for visa revalidation along with other stuff?


pls help me. date is getting near.


kind regards,
desi
 
Documents

The H1B check list revalidation says

I-797A
A copy of I-129


when I asked my lawyer , below is her reply.

"Your I-129 approval notice is the I-797. If you look at the bottom corner of the approval notice you will see the I-797 designation."


in this case, how can show I-129 to consulate when I go to visa revalidation?.


can anyone please please please explain me what is I-129 and how can I get it as I dont not have it except I-797 approval notice?


or Am I thinking too much on this?. shouls I797( no I129) is enough for visa revalidation along with other stuff?


pls help me. date is getting near.


kind regards,
desi

Hey Man,

There is nothing to be confused about. Here are the details

I -129 is a petition for a non immigrant worker filed by the employer (with the help of a lawyer) to enable you to get the H1B work permit status

I-797A is the approval notice for I-129 indicating that the petition for a non-immigrant visa (H1B) is approved

The I-797A form has the I-94 card at the bottom of the document. When you travel out of the country you submit one half portion to the airport authorities and retain one portion for your records

It is the I-797A form of approval notice that one should have in personal possession, at least when traveling out of US, irrespective of whether you are applying for a visa or not

When applying for H1B visa stamp, it is the I-797A form that the VO likes to see and not the I-129. Sometimes a VO can ask for the I-129 depending on individual situation

Hope this has clarified your doubts, if not drop a line

Subramanya
 
Ask your lawyers to provide you a copy of the I129. They definitely make a copy before filing the petition. I am sure your HR also has a copy. If the lawyers don't comply then complain to HR.

It seems that the lawyers have already given you the approve H1B notice I1797.

It is a good idea to carry all the H1B petition papers including I129 with your I797 approval notice when you go for the stamping interview
 
Please share your experience

Subramanya,

I believe, I show your posting on other site where you mentioned that recently you heve visited new Delhi consulate and got your VISA stamped.

Could you please share your experience?

Did you get a copy of I129?

If you are not the right person then i am sorry.

Please do reply.

Thanks,
VivekS
 
Experience!!!

Subramanya,

I believe, I show your posting on other site where you mentioned that recently you heve visited new Delhi consulate and got your VISA stamped.

Could you please share your experience?

Did you get a copy of I129?

If you are not the right person then i am sorry.

Please do reply.

Thanks,
VivekS

Hi Vivek,

Starting from the last part of your query, Yes, I did get a copy of the I-129 and one kept with our HR Dept. I carried it to the place of interview in New Delhi all the way from US, of course I had carried all other documents increasing my weight, just in case.

Regarding my experience, here's my story

Just to present my case briefly, I am on H1 visa, my wife and kid on H4. I have a history of visa stamping from B1/B2, J1, H1 and all of them were stamped either at Toronto or Delhi without any hassle. This time (in Mar.2006)I applied for H1 and H4 visas at Delhi. Despite all this history I was asked to be fingerprinted for H1 visa and that I will be notified in 3-4 weeks This was when I went for emergency stamping of H1 visa at Delhi

It took almost 10 weeks for the US Embassy at Delhi to inform me that I need to appear for an interview once again before granting the visa.
On both occasions the same person interviewed me for 2 sessions of 25-30 mins each time. Every time I was hoping that they will ask me to submit our passports and right at that moment they told me to be seated. Each time I had to wait for 30 mins. before I was called for the next interview (all by the same person). At the fifth call I was asked to submit our passports for H1 and H4 visas on a Monday and I was the last person at the embassy with all counters closed in the evening.

So much agony for restamping and getting back to US despite having excellent qualifications (all degrees from India, excellent experience in fortune 500 companies within the US and US companies based in Canada and then backed up with matching credentials

The lessons that I have learnt are to be patient, calm and have faith that the process will be completed sooner or later and the visa will be granted.

To those of you who visit and write in this forum and have been granted the required visa immediately or after a short wait are very fortunate indeed, while we wish good luck to everyone.

One aspect that I have understood is presenting your documents and having them in order helps, but that does not seem to be end all of the interview process. The people of this forum and others outside who have presented their case, documents and done well in the interview should be able to appreciate that all cases are not similar, and each person goes through personal experiences.

Although two situations may seem identical and exactly the same, only one is granted a visa as many in this forum have experienced.

I hope everyone posts their experiences and if anyone has got the issuing of a visa expedited after making all enquiries with FBI, DOS and other agencies please post them on this forum for that will be of immense help to everyone.

Thanks for reading a long story

Subramanya
 
Thanks

Thanks subramanya,

I feel sorry for your bad experience.

#1
Do you have any idea why it took so long for them before they could issue the visa?

#2
What was your key conversation with the visa officer?

I really do appreciate your help. I am on my 9th year of H1 and planning to go for stamping in New Delhi. Do you see any risk?

Thanks,
VivekS
 
Visa Stamping Experience

Hi Vivek

Briefly here are the responses to your questions
#1
Do you have any idea why it took so long for them before they could issue the visa?

The answer is in two parts.

Firstly, the long interview process. The reason for the long interview was that they thorougly questioned me on all aspects of my career, job, visa status, types of visas I held, debated whether my job, training and experience falls under the purview of TAL. They wanted to issue me a 221g for TAL, but stopped in the end once they were convinced that my job is not sensitive enough (I had no clue about the areas under TAL and at this interview I understood there were layers for TAL, at least 3 and I was in #1 highly sensitive. Mind you I still do not have an idea why they had to interview me for that. all I know is the VO jsut assumed the role of grilling me to the max.)

Secondly, rules change over a period of time and my previous H1 visa stamping was in Canada, just when rules changed for Canadian PR's that they had to get their visa before proceeding to US. Prior to this we could cross the border freely and for work all we needed was a I-797A applied for by the employer.

I tried to convince them that the rules changed and provided documentary evidence to that extent by submitting a press not issue by the US Consulate in Canada. All I heard was rules don't that way and we will know if rules had changed, you don't have to educate us.

So much for change of rules by them alone

#2
What was your key conversation with the visa officer?

I met a VO who seemed to be not well versed with various types of industries and jobs within the US. Although, she looked elderly and older enough to know all the rules but lacked the expertise of understanding specific industries and the wide variety of jobs one can have

The following is a brief transcript as far as I can remember

VO: Why do you need a H1 visa?
Me: I need to get back to my job and continue working for the company
VO: Are there no Americans for this job?
Me: I went through an interview process of being selected and the company decided that I was suitable for the job
VO: Is this a new company and a new job
Me: Yes Ma'm this is a new company and a new job, but the functions and responsibilities remain similar to my previous job
VO: What's the reason for quitting the earlier job
Me: I was downsized/laid off
VO: If you were laid off how did you continue staying in the country
Me: I was given a grace period by the company to look for a job and then decide my options before the end of the notice period
VO: Then what happened?
Me: I found a job in this time and transferred my H1 visa to that company
VO: What are your qualifications for the job?
Me: I have a docto.... in ...... to qualify me for the job
VO: Are your qualifications evaluated
Me: Yes Ma'm, here's a copy of my credentials evaluation and it says that the degree is equivalent to any that is offered within the continental US
VO: Do you mean North America, asks laughingly!!!
Me: No Ma'm, I think we ought to exclude Mexico as that is not considered equivalent. Although, the evaluation is valid in Canada, I have a different evaluation for Canada from a Canadian University. I hope I am right. she smiles back in acceptance of the fact.

I really do appreciate your help. I am on my 9th year of H1 and planning to go for stamping in New Delhi. Do you see any risk?

I do not see any risk, except that if a VO wants to grill you then be patient and respond to all the questions and provide documentary evidence for the same. Again depending on the profession you are in and the job that you are doing be prepared to defend your turf and keep it clean.

If you have children, they will be asked a few things jokingly.

Wish you good luck

Subramanya
 
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