H1 -B stamping at Delhi Consulate (221G)

[qj123]

My wife never had her H1s stamped on her passport even though she has two of them. So this time, during our visit to India, we decided to get it stamped on her passport, not expecting any flaw in her application. But the consular pointed out a two month period when she was on B1 and did not have notice of Action for the extension. He wanted that document before stamping her new H1B. The application was returned to her under 221G. She has been asked to produce the document and they will stamp her passport.

The background :

She initially went on a three month B1 visa which was extended to another six months. Around the expiry of first extension, another extension was filed. We have the Notice of Action for the first extension and not the second one. She had left the company before the NoA came in and had gone back to India after leaving the company not realizing that this document could jeopardize her career at a later date!!

The problem is that the document is not to be found anywhere. We checked with the company she was with at that time (5 years ago) and they said that the records were destroyed as per company policy. The lawyer does not have any copy of her file either. What should we do in this case? She cannot go back now without getting the VISA stamped and the consulate won't do it unless they see the extention document.

Are there any options?

 

[nkm-oct23]

There is a way to get duplicate copies of previous approvals from BCIS/INS. The form to use is I-824. But it will take its own sweet time depending on your service center. Have you tried calling BCIS?

 

[qj123]

I am aware of that option but the attorneys I spoke with have all mentioned that this process is way too slow...sometimes between 6 months to a year.

Although I haven't tried calling BCIS but can give it a shot if someone knows the number I should call.

I need to solve this problem in the short term. In the long term I will get this document for her but how do I take her with me for now without her loosing the job. We do have a chaild who was born in US if that will help, not that I like doing that!!

Q

 

[nkm-oct23]

Originally posted by qj123
I am aware of that option but the attorneys I spoke with have all mentioned that this process is way too slow...sometimes between 6 months to a year.

Although I haven't tried calling BCIS but can give it a shot if someone knows the number I should call.

I need to solve this problem in the short term. In the long term I will get this document for her but how do I take her with me for now without her loosing the job. We do have a chaild who was born in US if that will help, not that I like doing that!!

Q

Try the National Service Center or have the attorney call (f you have hired one).
I am afraid that you are in hot waters if the consulate will not issue you a visa without this document. Did your wife get a change to speak to the consular personnel about this and explain the situation? US born child does not help in such cases.

Were the B1 visa extensions applied thru her employer? This is probably asking for too much but do you think you can find the copy of the receipt notice for the second extension filing? I-94 copies? (I-94 numbers do not change when extension is applied.)

I can't think of anything else. Good luck!

 

[qj123]

Originally posted by nkm-oct23
Try the National Service Center or have the attorney call (f you have hired one).
I am afraid that you are in hot waters if the consulate will not issue you a visa without this document. Did your wife get a change to speak to the consular personnel about this and explain the situation? US born child does not help in such cases.

Were the B1 visa extensions applied thru her employer? This is probably asking for too much but do you think you can find the copy of the receipt notice for the second extension filing? I-94 copies? (I-94 numbers do not change when extension is applied.)

I can't think of anything else. Good luck!

I have already sent a message to her Attorney in US. Although we still haven't gone in to the consulate and explained this siatuation to them. We are planning to go in on Tue morning and put the whole situation on the table and ask for their suggestions. In the worst scenario, can the H4 be issues so that she can go with me and help in the wrap up?

The B1 extensions were applied thru her employer but as I said before, they have no record on her anymore (records archiving/destrying policy of some sort). I have to assume that they are telling the truth!

I have I-94 number though for that trip if that can her. Who can contact to get info on a specific I-94? Is it the same I-824 form I have to fill out?

Thanks for your help.
Q