H1B and I-824

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Old Jul 17th 2003, 12:17 pm
  #1  
Philb
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Default H1B and I-824

Is it a good idea to use the form I-824 (Application for action on an
approved application or petition) to request that a US consulate be
notified of the approval of the H1B petition (so that it probably be
easier to get an H1B visa on the passport in my own country, when the
application for H1B visa was filed in the US)?
The fee for this application (I-824) is $140.
Is it equivalent to specify the consulate to be notified on the I-129
form?

Thank you?
Philippe
 
Old Jul 17th 2003, 9:30 pm
  #2  
Ingo Pakleppa
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Default Re: H1B and I-824

It is almost equivalent. I filed my I-129 together with an I-824 because I
wanted to make clear that I was seeking an extension of status inside the
US, and only wanted the consulate notified so that I could pick up a visa
later.

If you request consular notification right on the I-129, there is a chance
that the adjudicator misunderstands what you want, and sends you an
approval without a new I-94.

On Thu, 17 Jul 2003 05:17:12 -0700, PhilB wrote:

    > Is it a good idea to use the form I-824 (Application for action on an
    > approved application or petition) to request that a US consulate be
    > notified of the approval of the H1B petition (so that it probably be
    > easier to get an H1B visa on the passport in my own country, when the
    > application for H1B visa was filed in the US)? The fee for this
    > application (I-824) is $140. Is it equivalent to specify the consulate
    > to be notified on the I-129 form?
    >
    > Thank you?
    > Philippe

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Old Jul 18th 2003, 11:53 am
  #3  
Philb
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Default Re: H1B and I-824

Ingo Pakleppa wrote in message news:...
    > It is almost equivalent. I filed my I-129 together with an I-824 because I
    > wanted to make clear that I was seeking an extension of status inside the
    > US, and only wanted the consulate notified so that I could pick up a visa
    > later.
    >
    > If you request consular notification right on the I-129, there is a chance
    > that the adjudicator misunderstands what you want, and sends you an
    > approval without a new I-94.
    >
    > On Thu, 17 Jul 2003 05:17:12 -0700, PhilB wrote:
    >
    > > Is it a good idea to use the form I-824 (Application for action on an
    > > approved application or petition) to request that a US consulate be
    > > notified of the approval of the H1B petition (so that it probably be
    > > easier to get an H1B visa on the passport in my own country, when the
    > > application for H1B visa was filed in the US)? The fee for this
    > > application (I-824) is $140. Is it equivalent to specify the consulate
    > > to be notified on the I-129 form?
    > >
    > > Thank you?
    > > Philippe
    >
Ingo,
Thank you so much for your quick response.
You're indeed very helpful to many of us!
Philippe
 
Old Jul 26th 2003, 9:41 pm
  #4  
Jonathan McNeil Wong
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Default Re: H1B and I-824

Ingo Pakleppa wrote:
> It is almost equivalent. I filed my I-129 together with an I-824
> because I wanted to make clear that I was seeking an extension of
> status inside the US, and only wanted the consulate notified so that
> I could pick up a visa later.
>
> If you request consular notification right on the I-129, there is a
> chance that the adjudicator misunderstands what you want, and sends
> you an approval without a new I-94.
>
> On Thu, 17 Jul 2003 05:17:12 -0700, PhilB wrote:
>
>
>> Is it a good idea to use the form I-824 (Application for action on
>> an approved application or petition) to request that a US consulate
>> be notified of the approval of the H1B petition (so that it
>> probably be easier to get an H1B visa on the passport in my own
>> country, when the application for H1B visa was filed in the US)?
>> The fee for this application (I-824) is $140. Is it equivalent to
>> specify the consulate to be notified on the I-129 form?
>>
>> Thank you? Philippe
>

FWIW, I generally file an I-824 only when I know that the post will
require direct notification or when there is an issue with the original
approval notice. Posts are instructed to accept the original approval
notice as proof of petition approval absent specific reasons to require
other proof.

--

Above intended as general commentary, not legal advice.
Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com

Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
 
Old Jul 27th 2003, 12:08 am
  #5  
Ingo Pakleppa - See Web Site For Email
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Default Re: H1B and I-824

On Sat, 26 Jul 2003 14:41:31 -0700, Jonathan McNeil Wong wrote:

    >
    >
    > Ingo Pakleppa wrote:
    > > It is almost equivalent. I filed my I-129 together with an I-824
    > > because I wanted to make clear that I was seeking an extension of
    > > status inside the US, and only wanted the consulate notified so that
    > > I could pick up a visa later.
    > >
    > > If you request consular notification right on the I-129, there is a
    > > chance that the adjudicator misunderstands what you want, and sends
    > > you an approval without a new I-94.
    > >
    > > On Thu, 17 Jul 2003 05:17:12 -0700, PhilB wrote:
    > >
    > >
    > >> Is it a good idea to use the form I-824 (Application for action on
    > >> an approved application or petition) to request that a US consulate
    > >> be notified of the approval of the H1B petition (so that it
    > >> probably be easier to get an H1B visa on the passport in my own
    > >> country, when the application for H1B visa was filed in the US)?
    > >> The fee for this application (I-824) is $140. Is it equivalent to
    > >> specify the consulate to be notified on the I-129 form?
    > >>
    > >> Thank you? Philippe
    > >
    >
    > FWIW, I generally file an I-824 only when I know that the post will
    > require direct notification or when there is an issue with the original
    > approval notice. Posts are instructed to accept the original approval
    > notice as proof of petition approval absent specific reasons to require
    > other proof.

Consular notification has, or at least had in the past, another advantage:
a friend of mine didn't realize he needed the approval notice. So he left
it safely at home and went to Paris. They gave him an H-1B visa without
a hassle, just based on the notification (this was an initial H-1B, so
consular notification was automatic).

In today's post-9/11 world, I have some doubts that they would still do
that, but in his case it was a very nice backup.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Now with new photos! Please feel free to enjoy some of my photographs at my
new Web site http://www.ingopakleppa.com ! Comments are welcome.
 

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