H1B Renewal/Stamping AND APPROVAL NOTICE

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src1

Registered Users (C)
Hi,

I recently shifted companies and recd a new h1b which is valid for another 3 years. My passport has the H1b Stamping that is valid from my 2 jobs before. I have not been to India for a while and hence did not need to get a stamping for the job inbetween.

I have few 2 sets of questions:

First Set

1) my visa expires in Jan 2004. Can I send my pp and papers to Washington/St louis for getting a new stamping?

2) I read somwhere that you can send it only if the visa is about expire in the next 2 months? Is this the case?

3) I would prefer to get it stamped in US because I have heard that consulates back in india are asking for lots of documents and I would like to have the peace of mind during my trip to india.


SECOND Set:

Also my company lawyer did not give me the Original of the entire Approval notice. I was only given the original bottom Left ( I797) and bottom Right (I 94) stub but not the entire approval notice. When I asked my lawyers I was told that the top portion is to be retained by the employer and even on the notice it says so. All my previous approval notice also said the same thing but I was always given the entire approval notice.

My concern is Will I need the ENTIRE ORIGINAL notice for stamping? I do have a photocopy of the entire approval notice and the Original LEFT and RIGHT stub. Are those enough?

I would need to know this as I can then talk to my lawyers and explain to them if the entire thing is needed. Are there any links that mention it so that I can show it to my employer/lawyer and get the entire original.

Thanks
 
Originally posted by src1
Hi,

I recently shifted companies and recd a new h1b which is valid for another 3 years. My passport has the H1b Stamping that is valid from my 2 jobs before. I have not been to India for a while and hence did not need to get a stamping for the job inbetween.

I have few 2 sets of questions:

First Set

1) my visa expires in Jan 2004. Can I send my pp and papers to Washington/St louis for getting a new stamping?
YES, YOU CAN.

2) I read somwhere that you can send it only if the visa is about expire in the next 2 months? Is this the case?
YES, YOU NEED TO WAIT UNTIL THERE IS 60 DAYS OR LESS FOR VISA EXPIRATION

3) I would prefer to get it stamped in US because I have heard that consulates back in india are asking for lots of documents and I would like to have the peace of mind during my trip to india.


SECOND Set:

Also my company lawyer did not give me the Original of the entire Approval notice. I was only given the original bottom Left ( I797) and bottom Right (I 94) stub but not the entire approval notice. When I asked my lawyers I was told that the top portion is to be retained by the employer and even on the notice it says so. All my previous approval notice also said the same thing but I was always given the entire approval notice.

My concern is Will I need the ENTIRE ORIGINAL notice for stamping? I do have a photocopy of the entire approval notice and the Original LEFT and RIGHT stub. Are those enough?
YOU WILL MOST LIKELY NEED THE ENTIRE APPROVAL NOTICE REGARDLESS OF WHAT IT SAYS.

I would need to know this as I can then talk to my lawyers and explain to them if the entire thing is needed. Are there any links that mention it so that I can show it to my employer/lawyer and get the entire original.

Thanks
Click to expand...
 
Thanks Any more Responses?

Thanks nkm-oct23

Do you have any links or site that I can refer or tell my employer about to convince them that I need the entire Notice. They are following what the notice says and I would need something that explains it to them.

Thanks
 
Re: Thanks Any more Responses?

Originally posted by src1
Thanks nkm-oct23

Do you have any links or site that I can refer or tell my employer about to convince them that I need the entire Notice. They are following what the notice says and I would need something that explains it to them.

Thanks
Click to expand...

Here is a link from Department of State that deals with visa revalidation (getting a new visa in same category fron inside US)
If you scroll down you will see that among other things, an ORIGINAL OR PHOTOCOPY of your current, valid employment petition Form I-797, Notice of Action from the Immigration and Naturalization Service/Department of Homeland Security is required.

http://travel.state.gov/hlop.html
 
Thanks again

As you mentioned it does say PHOTOCOPY is accepted. As I mentioned in my original post. i DO have a photopy but not the original. I also have the original Stubs (left and right).

Is not the left stub actually the I-797?
Right is I-94
The top I think is I-129.

I dont have the photocopy with me to confirm.

So does it mean the photocopy of entire approval and Original Left and right stubs are enough?

If yes, my concern is if the consulates are aware of it as most of them are so used to seeing the entire original.

Thanks
 
Re: Thanks again

Originally posted by src1
As you mentioned it does say PHOTOCOPY is accepted. As I mentioned in my original post. i DO have a photopy but not the original. I also have the original Stubs (left and right).

Is not the left stub actually the I-797?
Right is I-94
The top I think is I-129.

I dont have the photocopy with me to confirm.

So does it mean the photocopy of entire approval and Original Left and right stubs are enough?

If yes, my concern is if the consulates are aware of it as most of them are so used to seeing the entire original.

Thanks
Click to expand...

I think the requirement is the entire approval notice including the stubs. I-797 is the entire 8½' X 11" sheet. If you have separated the stubs, then a copy of the remaining sheet plus the stubs will be sufficient (I think).
You can ask your employer and let him know that you wull lose money if the visa is refused for lack of correct documentation. ($100 I think). Ask him to bear that loss if the visa is refused.
 
Also show your employer the link to State department. HOpefully they will appreciate the requirements better and give you the notice if they see an official requirement list.
 
Thanks once again

Thanks for the information. Will try talking to HR and see what they have to say. I can always say that I can give it back to them after I get my visa if they are so particular in having it.... this whole issue happened because my lawyer who mentioned my HR to retain the top half... I think I should first talk to my lawyer.... Will keep u posted on the update.
Thanks
 
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