Issue on Amendment of H4 to H1 (Very Urgent)

#1
Hi All,

Here is my scenario:

Currently I am US on H1 approval but not VISA stamped.
* I applied for H1 in 2008 when I was in India thru Comp A - I attended VISA interview and was issued 221(g) asking for additional docs from the company- Comp A did not respond to it.
* My husband was already in US on H1. So we applied for H4 and I got H4 stamped.
* That employer asked me to contact his HR team in US, so that they can apply for my VISA amendment from H4 to H1.
* The VISA amendment worked and I got H1 approval (I797A) in Jan 2010
I also received I797 (not I797C) as Amendment Receipt Notice of casetype I129. And in this doc, I see the Amount Received as $320.
I started working since March 2010. As I mentioned earlier, I am not H1 stamped.

Now that I have an offer from Comp B as a fulltime employee, it is time for H1 transfer.
But the legal team of that comp B feel that my H1 approval - I797A is not authentic.
My Qs are:
1. Is this Amendment process of H4-H1 valid?
2. I797 has the Amount Received as $320. Is this correct? How much do they need to pay for Amendment process of casetype I129(H4 to H1)
3. What can I do as they doubt my H1 approval?
Note: As they doubted my H1 approval, they verified my case status in USCIS site and found it as "Pending". But I heard from many of my frnds that this site is not updated very aptly and that even though we get our H1 approval, sometimes it still shows as Pending or InReview
 
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amohale

Registered Users (C)
#2
Not sure if this is the right place to post:
It's been a very frustrating experience. I have been working in US for a big retail corporation via a Employer -> Vendor -> Client setup.
My employer didn't file my H1B amendment. Amendment is required because i am not working at the location where my H1B was file (NJ). I had a sudden death in my family for which I travelled back to India couple of weeks back.
I had converted from H4 to H1 earlier this year and never got my H1B visa stamped. So well we filed the H1B amendment under premium last week and today I received a huge query regarding employer employee relationship and asking for a variety of documents. Which, all I have and can provide when needed but the problem is I only have till mid November to get back to US as my client will hold the job for me only until then.
My question is, can I go for stamping this week to Delhi consulate with this RFE on my H1B amendment with the current I797 form and get it stamped?
Would it show up on VO system that I have an E-E RFE pending and they will hold me off there also? I have all letters with me: Client verification, Job responsibilities, Pay checks, Vendor letter, etc I do not mind taking counseling from an attorney to sort this matter.
I have to get this sorted within this week otherwise I lose my job and possibly get stuck in Visa stamping and H1B amendment.
I have read posts and some of them said that I didn’t need to file amendment but my employer wanted to be “safe” and filed an amendment.
Seems like the world is conspiring against me.
 
#3
Same Situation

Hi All,

Here is my scenario:

Currently I am US on H1 approval but not VISA stamped.
* I applied for H1 in 2008 when I was in India thru Comp A - I attended VISA interview and was issued 221(g) asking for additional docs from the company- Comp A did not respond to it.
* My husband was already in US on H1. So we applied for H4 and I got H4 stamped.
* That employer asked me to contact his HR team in US, so that they can apply for my VISA amendment from H4 to H1.
* The VISA amendment worked and I got H1 approval (I797A) in Jan 2010
I also received I797 (not I797C) as Amendment Receipt Notice of casetype I129. And in this doc, I see the Amount Received as $320.
I started working since March 2010. As I mentioned earlier, I am not H1 stamped.

Now that I have an offer from Comp B as a fulltime employee, it is time for H1 transfer.
But the legal team of that comp B feel that my H1 approval - I797A is not authentic.
My Qs are:
1. Is this Amendment process of H4-H1 valid?
2. I797 has the Amount Received as $320. Is this correct? How much do they need to pay for Amendment process of casetype I129(H4 to H1)
3. What can I do as they doubt my H1 approval?
Note: As they doubted my H1 approval, they verified my case status in USCIS site and found it as "Pending". But I heard from many of my frnds that this site is not updated very aptly and that even though we get our H1 approval, sometimes it still shows as Pending or InReview

What is your suggestion for my case.My H1 approved and awaiting for the amendment.Please reply its urgent.Thank u.
 
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