Going for stamping
I entered US on H4 visa.
----- When? Did your employer file H4 to H1 Change of status?
Answer: Since I was on H4 when applied for H1B, so COS came into affect om Oct 1st 2010
1. Got my H1 visa approved in Oct 2009
----------------- You got H1 Petition approved from USCIS( Visa is under DOS and H1 petition is under USCIS). if the employer filed Change of status from H4 to H1 B then did you got I-94 attached with your H1 approval notice?
2. Started working in US in March
------------- You started working with employer A once you got H1 approved and H1 had I-94 attached.
Answer: Yes, I meant H1 petition approved and got I-94 attached with the H1 approval notice. I started working in Feb 2010
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.
------- Did the employer lawyer filed new LCA for different location? and attached with H1 amendment ?
Answer: Yes, employer’s lawyer filed a new LCA and attached it with the H1B amendment
4. I received a Employer – Employee query on my H1 B amendment which my attorney is working on
-------------------Let the lawyer send what is asked by USCIS. once the papers are received by USCIS and USCIS is satisfied then H1 may be approved in 20-25 days.
Answer: The lawyer and employer are saying that it is a big query and it will take them few days to prepare and send response but are confident that they will be able to answer given all the documents that I have. They are saying let both of them (my appearing for Visa and they replying to RFE on my H1 petition) go in parallel.
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 will not go for Visa stamping and I will go for Visa stamping once H1 get H1amendment Approved.
Answer: I am of the same school of thoughts but the attorney is saying my case is very strong because of client letter, pay stubs, Amendment in process and given the reason I had to travel. I am doing everything legit by filing LCA and amendment followed by filing it in Premium so that the amendment clears before my sudden travel to India. It is only unfortunate that I received a query but the VO should consider I trying to be doing everything by the book.
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….