Background: Came to US in 1995 , graduated from school in 1998 and applied for PT for a year (valid till Sep 1999). One of the consulting company (A) located in NYC applied for H1 in Feb 1999, approved in April 1999. Changed employer to B from A in March 2000 and came back to company A in Sep 2000. Currently working with company A since 2000, they also applied for GC (LC/AP/EAD all approved, 140/485 still pending at VSC).
Scheduled an interview with US consulate in Toronto for Jan 08, 2004 for first time US H1-B visa. Drove from NYC to Toronto on Jan 07, no problem at border while crossing. No one even bothered to check anything at US side and interview was trivial at Canadian side.
I had appointment @11.00 AM with US consulate. One of my friend dropped me there around 10:30AM and I tried to enter US consulate right away with no problem. Security outside the consulate only wanted to verify the date. They let me in and after getting security checked I had to wait another 30 min. to get into the visa office. Security officer was letting 5 people at a time to get into the visa office and remaining had to wait in line. There were around 15 people in front of me and by the time I got in, another 30 people came. I had to stand in another line for another 10 minutes to submit application form and supporting letters.
When my turn came, officer at counter # 8 called me and asked me to show the appointment letter as well as related forms. After looking at the application and appointment letter she took only 156/157, passport, and 797. She returned me remaining documents and told me to wait in the waiting area. There were around 60 chairs; all occupied and 10-15 people were also standing. I waited for another 15 minute before I could find a place to sit. After waiting for almost an hour and a half (around 1:00 PM), officer at counter # 6 announced my name. I went there with all the papers and following is the transcript from our conversation (as far as I remember).
Officer: Where is your previous passport?
My Response: No reply, just gave her my old passport.
Officer: Where is your father/mother?
My Response: They went back to India in 1997.
Officer: When you converted your status to H1?
My Response: 1999.
Officer: Did you work anywhere while you were student?
My Response: Yes. Part time with current employer.
Officer: You know it’s not allowed to work while you are on F1?
My Response: Yes. But I had EAD approved by INS based on Economic necessity.
Officer: What is their primary business of your employer?
My Response: It’s a consulting company.
Officer: Is it (current employer) owned by Indian?
My Response: Yes.
Officer: So it’s a body shop.
My Response: No. We are primarily involved with customizing pre-built software depending upon client business requirement.
Officer: how many people your employer currently employs?
My Response: 30 in US. Also we have around 50 consultants working for us who are not our employee. We also have around 200 employees working at our branch in Banglore, India.
Officer: Where is your H1-B petition?
My Response: No reply, gave her the copy of H1-B petition.
Officer: Do you have recent pay-stub?
My Response: No reply, gave her pay-stub for last six month.
She started writing something on the application and told me to go to the 3rd floor to pay the visa fees. I went upstairs paid the fees and came back in 15 minutes. She was out for lunch by the time I came back and I left receipt with the person sitting at the next counter. Within 10 minutes, officer at counter #2 announced my name and I approached her.
Following is the transcript from our conversation:
Officer: Where is the receipt for reciprocity fees?
My Response: I left that at counter #6. You want me to go and get it? (I went to counter #6 and got back the receipt).
Officer: You have mentioned that current employer is sponsoring your GC. At what stage you are?
My Response: I have LC/EAD/AP approved and I am waiting for 140/485.
Officer: If you already have AP, why do you need H1 visa?
My Response: Lately we got clients who are located outside US and I might need to travel. Most of the countries are not aware of AP and our attorney suggested to get H1-B visa stamped on passport to avoid any complications.
Officer: I need to finger print your index finger?
My Response: No reply, followed her instruction.
She gave me a receipt and told me to come back next day to collect the passport. Got passport back next day with multiple H1-B visa, and drove back to NYC without any problem.