Need Help: Got RFE for H1 Extention

S

SafeNH

Registered Users (C)
Fellows,
I got laid off in the month of Nov. 2002, I got the Job in Dec. 2002 and my attorney applied for my H1 in Jan 2003 (It was about 2 months).
Last week we got the RFE asking for more evidence/information as my paystubs were 2 months old. My attorney have given those paystubs again and told BCIS I was laidoff along with other guys in the company.
My Attorney has told me that BCIS may ask me to go out of country to get the Visa. Following are the question which I need help from you guys.
1. If I am asked to go out of country to get my Visa Stamp, can I still be in US and not get my Visa stamped and when I go to my home country, I can get the visa stamped at that time?
2. Suppose If I HAVE to go to my home country to get my Visa stamped, does my spouse need to travel along with me too to get the H4 stamped.

I really apreciate your help in advance, please suggest/recommend the scenarios if you have gone through this situation.

Thanks & Regards!
 
Fellows,
I got laid off in the month of Nov. 2002, I got the Job in Dec. 2002 and my attorney applied for my H1 in Jan 2003 (It was about 2 months).
Last week we got the RFE asking for more evidence/information as my paystubs were 2 months old. My attorney have given those paystubs again and told BCIS I was laidoff along with other guys in the company.
My Attorney has told me that BCIS may ask me to go out of country to get the Visa. Following are the question which I need help from you guys.
1. If I am asked to go out of country to get my Visa Stamp, can I still be in US and not get my Visa stamped and when I go to my home country, I can get the visa stamped at that time?
--- If you don’t get new extended I-94 with your H1 approval then you have to leave the US and get H1 visa sticker in the passport and enter back in US with new I-94. If you get new I-94 then you can stay and continue the work get the Visa stamp when you go to your home country
2. Suppose If I HAVE to go to my home country to get my Visa stamped, does my spouse need to travel along with me too to get the H4 stamped.
-- I don’t know if your spouse has still valid H4 visa and I-94.
-- Did you file for her H4 extension with your H1 transfer through form I-539?
 
Thanks Ginnu & h74Shah

Answering to Ginnu,
Yes my wifes H4 is been applied along with my H1.

Answering to h74Shah
No, I did not apply through Premium processing, I am doing regular processing, do you think its a good idea to process in premium processing?

Thanks!
 
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