question on H1B visa stamping

[sandipchowta]

I have my H1b valid till next year october. However, i went to my country to get my H1b stamped and the visa was approved but was sent for additional administrative processing. I still have not got the visa yet and i have been working remotely for my company for almost a month. My manager asked me couple of times my return date but unfortunately i could not give him ETA since the answer from DOS is always states 'It's Pending'. I work for a corporate (Non Consulting Firm).

My question is just incase if my manager decides to terminate my job because of this Administrative processing is it ok to return back to US with my visa stamped on my passport once the AP is completed or what are my other options ?.

 

[Stanley Hermosillo]

You should immediately contact a lawyer. They may not only be able to help you get your visa out of processing, they can advise you on what to do if your employer terminates you, which I am not even sure that they can legally do since this is no fault of your own. The only safe advice is for you to contact an immigration lawyer and get them on this case for you!

 

[amohale]

In similar boat due to other reasons

Greetings to all..

I entered US on H4 visa.

1. Got my H1 visa approved in Oct 2009
2. Started working in US in March
3. I had to travel to India in Oct 2010 on a short notice due to a family emergency. My employer filed a H1B amendment in PP (Premium Processing) as I am working in a different location then the original H1B approval.
4. I received a Employer – Employee query on my H1 B amendment which my attorney is working on
5. In the mean time, I am appearing for first time H1B visa stamping on Oct 29th.
My question is, is it safe to appear for H1B visa stamping while there is a query on my H1B amendment or should I wait for the amendment to clear before appearing for stamping?
I am sure my client will not be holding off the job for me until the query gets clear. So, I got to choose better of both the evils.
My attorney is suggesting to go for the Visa interview right now but I do not have that much confidence because he was the one who was asking me not to go to India and wait for amendment to clear.
Please help, I am in a fix and need gurus like you to help me through this….