some

My H1-B visa was sponsored by a consulting company starting from
Oct 2008. However, because of the economy they could not find any projects
for me and hence I could not start working from Oct 2008 in
U.S for them. I am at present outside U.S. I was about to enter the U.S. on
the consulting company H1-B visa in October 08, but did not as the consulting company did not have any projects for me. They did not even provide me with the application number of my H1-B application or USCIS approval notice.

Now, I have found another employer(U.S. university) who is willing to
sponsor a H1-B visa for me.

The problem is the consulting company is displeased with me so not willing to cooperate with me on any matter like prior petition number and approval notice. They thought they could bring me to the country and make a mint by renting my services to other companies, but since now I have a chance to come to the country through a university, they feel they have lost a source of income.

The university is willing to file a new petition for me, but if I disclose the prior petition details to university and mention it is approved, they might ask for details(not for themselves, but for USCIS) which I cannot provide as I don't have it. Is it required by USCIS rules in a situation like mine, for the new petition filer(for me, the university) to know such details about the old petitioner and its details? Am I required to know such details(during a visa interview) by USCIS regulations or just for the satisfaction of the interviewer? Will I need to provide any details for the second visa application(while scheduling an interview) about my first visa application like petition number?


While scheduling a visa appointment there are some questions like what are the different visas you have held and duration? What shall I state for them if I don't have the first H1-B visa application details?
Yes, because I had a petition approved or no, because I never had it stamped or entered the country on it?

How about if at the consulate they ask me why I don't know the details of first petition? How can I tackle such questions? Can this affect my greencard and citizenship applications(if I do any, at some point)?

Can I fully forget about the consulting company, my previous petition for immigration purposes or will I require their help at some point?

What are the main factors(possible issues in visa interview or second visa application) I need to be aware of?

What sort of questions will I encounter at the visa consulate? Can the fact
that I did not enter the country on previously applied visa and don't have
the previous visa application details hinder my new visa application by the
university?

I realize www.aila.org is a good place, but does anyone know good immigration lawyers through personal experience from that link?

Thanks

ian-mstm

You will be required to disclose prior visa applications, yes. I wouldn't worry about it though... *you* did nothing wrong.


*YOU* tell them the truth. *YOU* did nothing wrong.


It will probably have no effect whatsoever on your GC or citizenship applications.


If the university is willing to file a new H-1B petition, you don't need the first guys.

Ian

Michelmas

I may be wrong [I frequently am] but I remember reading recently that if USCIS see multiple applications for the same applicant [in an attempt to increase the chances of getting one of the limited number of visas] all visa applications will be rejected and any monies retained. I know that is not strictly what is happening here, but he might want to be aware of that as a potential issue.

The other thing is while the employer has to apply for you, YOU get the visa. You would have had to have gone to your local embassy and yada yada yada to get the big visa in your passport. If you did, great, you can probably get your H1-B transfered to the university [you don't need the permission of the consulting employer who filed the original application] and things should go a lot smoother. If you didn't, then it may be to late for that visa in which case, go ahead and apply for a new one.

Anyhoo, as Ian states, YOU did nothing wrong. I would get in touch with the USCIS and find out what the status is of your original application.

some

Thanks for your reply
Yes, but will they believe me is the question? How come an applicant does not know his petition details and why? Tough, to convince the officer.
Thanks for your time and aid

some

Yes, but only if same employer submits multiple applications for same candidate, not if different employers do that. That is too for H1-B visas subject to cap. My new prospective employer(university) is doing it now, not during April and is cap exempt.
How do I do this?

And what shall I state to USCIS? That my previous employer is not cooperating? Wouldn't that make them doubt me that why did this person have such a shady petitioner in the past?
Thanks

ian-mstm

While it sounds as though your H-1B sponsor broke the law by benching you before you even started, *you* did nothing wrong and so you do not have to prove anything.


You are asking questions that have no answer because you never actually used the visa. If you had used the visa, you'd know the answers... but you didn't. You don't have to try to make up a story... just tell the truth. From where I sit, this is a non-issue.

Ian

some

Yes, but as you suggest above "I have to disclose prior visa applications", how can I if I don't have the details themselves? And, whom do I need to disclose my new petitioner or USCIS or both?

kaus2009

My wife H-1B petition was selected in Quota 2009 and it got denied . Can my employer refile the petition to the USCIS?

Noorah101

Have the circumstances surrounding the denial changed since it got denied? Is your wife qualified to work for your employer? Does your employer want to hire your wife?

ian-mstm

I really don't understand why you're twisting yourself up in knots.

You can't give them what you don't have. Even if they want the details, you don't have them. Why are you assuming that something bad will happen to you just because you don't have the details?

Why are you so afraid? What's the worst that could possibly happen? I can assure you, if you do nothing, then nothing will change for you.

Ian

oldskool

Are you sure you were actually approved? Surely if you were about to enter on the visa, you would have seen the approval notice. As I recall it, I was the one who had to mail off my passport and approval notice in order to get the actual visa in the passport. If you have the visa, you would've seen the approval. If you don't have the visa, because you've never seen the approval how can you be sure it was approved?

Are you sure they even applied?

E3only

I found if confusing too, how can the applicant not have nothing at all ?

No expert in H1-B's so better not ask too many questions....

lisa67

I "think" I'm right in saying that our H visa approval notices were sent to our attorney who sent them on to us.

some

Great question. No way I can find out the answer without the relevant details. But, probably they applied as they were keen on getting projects in Oct which did not work out.

some

Because the candidate submits his details to the company, whose attorney applies and the approval notice comes to the company, not the candidate. The candidate is generally given those when he/she is going to apply for a visa stamp