desiadviseeker
Registered Users (C)
I will be running out of the 6 year H1B on Dec 20th 2008 (Even after capturing the vacation time ). I first filed labor on 22nd Jan 2008 (EB2) and to my horror it got denied 
on Aug 5th 2008 (Even though all this time it was showing approved on the DOL's website , but when the hard copy came to my Lawyer - it had a denial 
).
Anyway, my lawyer is suggesting to file another Labor in EB3 , today ( Aug15th 2008 ) . Paper Advertisement etc. have run already for two months and I will file fresh EB3 another Labor application today .
Filing today gives me essentially about 4 months (Till Dec 20th) to get the Labor approved approved , get the I-140 premium processing approved and file for another 3 year extension . I know 4 months is not sufficient to take care of all this , so I am going on a "work vacation" for 2 months to India
( Oct first week to Dec. first week). I will be working from client's India office while on "vacation". The idea is to get two more months on existing H1B which will give me some cushion.
My questions are
Can I face any problems in getting the Visa stamped in India (Mumbai Consulate ) . I will need to get it stamped to get back to US . Right now I have an I - 797 valid till 20th Dec 2008 and my stamp has already expired two years back . Reason I am asking is because I will have just two months left on on I 797 . I am planning on going around 15th Oct. for Stamping and my I 797 will be valid till Dec 20 ? Should I take the Labor application and show it to them and truthfully tell them that I applied for Labor or conceal this fact ?
Should I tell the visa officer that while in India I am working from India office or can that create more problems . What's the reason I should tell them for the purpose of coming to India at this stage in my GC process ?
If they ask me why did I start the process so late , should I tell them that my EB2 has got rejected once because of DOL's negligence ?
Even if I get the stamping can I face problems if I try to get in the US on say 10th of Dec (Because the stamp will be valid on till 20th December)
Any specific things I should get written in the Employer's Letter ? Anything else at all I should be aware of / keep in mind / be careful about ?
I have been in the US since 1999 and have a Masters Degree in Mechanical Engineering from a US university . My first stamping was done in Ottawa .
Will highly appreciate any kind of input and advice about my situation - Please help people !
Thanks
Desiadviseeker
on Aug 5th 2008 (Even though all this time it was showing approved on the DOL's website , but when the hard copy came to my Lawyer - it had a denial ).Anyway, my lawyer is suggesting to file another Labor in EB3 , today ( Aug15th 2008 ) . Paper Advertisement etc. have run already for two months and I will file fresh EB3 another Labor application today .
Filing today gives me essentially about 4 months (Till Dec 20th) to get the Labor approved approved , get the I-140 premium processing approved and file for another 3 year extension . I know 4 months is not sufficient to take care of all this , so I am going on a "work vacation" for 2 months to India
( Oct first week to Dec. first week). I will be working from client's India office while on "vacation". The idea is to get two more months on existing H1B which will give me some cushion.
My questions are
Can I face any problems in getting the Visa stamped in India (Mumbai Consulate ) . I will need to get it stamped to get back to US . Right now I have an I - 797 valid till 20th Dec 2008 and my stamp has already expired two years back . Reason I am asking is because I will have just two months left on on I 797 . I am planning on going around 15th Oct. for Stamping and my I 797 will be valid till Dec 20 ? Should I take the Labor application and show it to them and truthfully tell them that I applied for Labor or conceal this fact ?
Should I tell the visa officer that while in India I am working from India office or can that create more problems . What's the reason I should tell them for the purpose of coming to India at this stage in my GC process ?
If they ask me why did I start the process so late , should I tell them that my EB2 has got rejected once because of DOL's negligence ?
Even if I get the stamping can I face problems if I try to get in the US on say 10th of Dec (Because the stamp will be valid on till 20th December)
Any specific things I should get written in the Employer's Letter ? Anything else at all I should be aware of / keep in mind / be careful about ?
I have been in the US since 1999 and have a Masters Degree in Mechanical Engineering from a US university . My first stamping was done in Ottawa .
Will highly appreciate any kind of input and advice about my situation - Please help people !
Thanks
Desiadviseeker