asrivast75
New Member
I have been working for a company since September 1999 and my first H1B was due to expire on September 30, 2002. My company applied for an extension on June 18, 2002 and subsequently (after changing to premium processing), INS Vermont SC issued the approval notice on September 24, 2002. My problem is this:
My date of birth is Feb 06 1975. However the date listed on the I-129 is 06/02/1975 (typing error I presume). Since the date requested on the I-129 is to be in the US (MONTH/DAY/YEAR) format, I can say that this date is listed incorrectly in the I-129.
The INS issued the I-797 approval notice and the I-797 contains a detachable bottom portion which has two parts. The right-hand bottom portion is the replacement I-94 card which is to be attached to the current I-94 and turned in with the airline officials when leaving the country. This replacement I-94 card lists my D.O.B as 06/02/1975 which is again incorrect since the INS follows the US date format consistently throughout the complete I-797 document.
Just to complete the picture, all my previous documents (old I-129, old 1-797, the H1B visa, and the current I-94 card) list my date of birth as Feb 06, 1975, which is correct. Also I need to be in India in the last week of November for my wedding and I will be applying for a new H1B visa for myself and an H4 visa for my wife at the US consulate in Calcutta.
My Questions:
1. at the time of applying for a US visa, the applicant is supposed to submit the I-129, the I-797, the passport and all other supporting documents. Will this typo error cause problems in getting a visa for me and my wife?
2. Is it better for me to go for visa interview instead of the drop-box procedure at the Calcutta consulate if I use the papers I have right now which have this D.O.B typo.
3. Is there something I or my company can do about this error (some ammendment etc.) such that I can get a corrected set of papers before I leave for India? Keeping in mind that my date of departure is less than 2 month from now and the fact remains that INS VSC is certainly slowed down, what happens if I don't get the new set of papers before I leave. Does filing any sort of amendment void the latest I-797 that I received from the INS.
4. What happens if I go to India with my current set of papers, apply for a visa, get it, and come back to the US with an I-94 card issued at the port of entry. At the same time, my company applies for an ammendment and INS issues an ammended I-797 with a new I-94 and I get that after I have come back to the US with a new I-94. I read somewhere on this forum that having two I-94 even with the same dates is definitely a problem, or is it?
I cannot change the date of my marriage and I hence I have to leave for India in mid-November and that makes me extremely worried about the possiblity of problems with H1B visa revalidation in India. I would be highly obliged if the gurus on this forum could take a shot at forwarding me some advice in this regard. Any help would highly appreciated,
thanks,
My date of birth is Feb 06 1975. However the date listed on the I-129 is 06/02/1975 (typing error I presume). Since the date requested on the I-129 is to be in the US (MONTH/DAY/YEAR) format, I can say that this date is listed incorrectly in the I-129.
The INS issued the I-797 approval notice and the I-797 contains a detachable bottom portion which has two parts. The right-hand bottom portion is the replacement I-94 card which is to be attached to the current I-94 and turned in with the airline officials when leaving the country. This replacement I-94 card lists my D.O.B as 06/02/1975 which is again incorrect since the INS follows the US date format consistently throughout the complete I-797 document.
Just to complete the picture, all my previous documents (old I-129, old 1-797, the H1B visa, and the current I-94 card) list my date of birth as Feb 06, 1975, which is correct. Also I need to be in India in the last week of November for my wedding and I will be applying for a new H1B visa for myself and an H4 visa for my wife at the US consulate in Calcutta.
My Questions:
1. at the time of applying for a US visa, the applicant is supposed to submit the I-129, the I-797, the passport and all other supporting documents. Will this typo error cause problems in getting a visa for me and my wife?
2. Is it better for me to go for visa interview instead of the drop-box procedure at the Calcutta consulate if I use the papers I have right now which have this D.O.B typo.
3. Is there something I or my company can do about this error (some ammendment etc.) such that I can get a corrected set of papers before I leave for India? Keeping in mind that my date of departure is less than 2 month from now and the fact remains that INS VSC is certainly slowed down, what happens if I don't get the new set of papers before I leave. Does filing any sort of amendment void the latest I-797 that I received from the INS.
4. What happens if I go to India with my current set of papers, apply for a visa, get it, and come back to the US with an I-94 card issued at the port of entry. At the same time, my company applies for an ammendment and INS issues an ammended I-797 with a new I-94 and I get that after I have come back to the US with a new I-94. I read somewhere on this forum that having two I-94 even with the same dates is definitely a problem, or is it?
I cannot change the date of my marriage and I hence I have to leave for India in mid-November and that makes me extremely worried about the possiblity of problems with H1B visa revalidation in India. I would be highly obliged if the gurus on this forum could take a shot at forwarding me some advice in this regard. Any help would highly appreciated,
thanks,