Problems with H1-B Visa Stamping
May 24th 2003, 1:59 am
#1
Just Joined
Thread Starter
Joined: May 2003
Posts: 5
Problems with H1-B Visa Stamping
Hello All:
Background:
I am a canadian resident working in the US (Massachusetts). I changed my job 1 year back and have a new approval notice. However, my passport has a visa stamp from my previous employer that is still valid.
My wife was on F1 till not and due to some reasons she had to return on a H4 status.
Since she had to get her H4 stamped based on my new H1 approval, i also had to go for my H1 stamp. We decided to get this done in the US consulate in Ottawa, Canada.
Problem:
The VISA officer has some doubts regarding my case and is delaying the stamping. My new employment letter states that i may have to work anywhere in the US, this is a general employment letter given to all employees. I have been working in Massachusetts at one location since i got my new job.
However, my LCA based on which i got my approval states that i can work only in the Massachusetts jurisdiction.
The officer sees this as a discrepancy and is delaying the stamping of my VISA. I have asked him number of times that i can produce more documentation from my employer stating that i will be working only in Massachusetts, but he does not want any more documents.
Can anyone give any advise, how to proceed in this case?? If the officer rejects my H1, are there any alternatives?? coz i have my job in the US and all my belongings.
Any advise will be highly appreciated!!
Regards, -Mercury72
Background:
I am a canadian resident working in the US (Massachusetts). I changed my job 1 year back and have a new approval notice. However, my passport has a visa stamp from my previous employer that is still valid.
My wife was on F1 till not and due to some reasons she had to return on a H4 status.
Since she had to get her H4 stamped based on my new H1 approval, i also had to go for my H1 stamp. We decided to get this done in the US consulate in Ottawa, Canada.
Problem:
The VISA officer has some doubts regarding my case and is delaying the stamping. My new employment letter states that i may have to work anywhere in the US, this is a general employment letter given to all employees. I have been working in Massachusetts at one location since i got my new job.
However, my LCA based on which i got my approval states that i can work only in the Massachusetts jurisdiction.
The officer sees this as a discrepancy and is delaying the stamping of my VISA. I have asked him number of times that i can produce more documentation from my employer stating that i will be working only in Massachusetts, but he does not want any more documents.
Can anyone give any advise, how to proceed in this case?? If the officer rejects my H1, are there any alternatives?? coz i have my job in the US and all my belongings.
Any advise will be highly appreciated!!
Regards, -Mercury72
May 24th 2003, 7:05 pm
#2
Guest
Posts: n/a
Re: Problems with H1-B Visa Stamping
On Sat, 24 May 2003 13:59:27 +0000, mercury72 wrote:
> Hello All:
>
> Background:
> I am a canadian resident working in the US (Massachusetts). I changed my
> job 1 year back and have a new approval notice. However, my passport has
> a visa stamp from my previous employer that is still valid.
>
> My wife was on F1 till not and due to some reasons she had to return on
> a H4 status.
>
> Since she had to get her H4 stamped based on my new H1 approval, i also
> had to go for my H1 stamp. We decided to get this done in the US
> consulate in Ottawa, Canada.
Actually, you don't. Your old H-1B visa is perfectly valid even with the
new employer. The employer name has no legal meaning, but rather is just
information.
> Problem:
> The VISA officer has some doubts regarding my case and is delaying the
> stamping. My new employment letter states that i may have to work
> anywhere in the US, this is a general employment letter given to all
> employees. I have been working in Massachusetts at one location since i
> got my new job.
>
> However, my LCA based on which i got my approval states that i can work
> only in the Massachusetts jurisdiction.
>
> The officer sees this as a discrepancy and is delaying the stamping of
> my VISA. I have asked him number of times that i can produce more
> documentation from my employer stating that i will be working only in
> Massachusetts, but he does not want any more documents.
>
> Can anyone give any advise, how to proceed in this case?? If the officer
> rejects my H1, are there any alternatives?? coz i have my job in the US
> and all my belongings.
If he returns your passport without the H-1B visa, but with the old visa
still intact, you can simply return. If he also cancels the old visa, then
you would have to reapply in your home country.
The only other thing I can suggest is to have your employer call the local
Congressperson's office for help.
--
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 visit my new FAQ at http://www.kkeane.com (still 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.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hello All:
>
> Background:
> I am a canadian resident working in the US (Massachusetts). I changed my
> job 1 year back and have a new approval notice. However, my passport has
> a visa stamp from my previous employer that is still valid.
>
> My wife was on F1 till not and due to some reasons she had to return on
> a H4 status.
>
> Since she had to get her H4 stamped based on my new H1 approval, i also
> had to go for my H1 stamp. We decided to get this done in the US
> consulate in Ottawa, Canada.
Actually, you don't. Your old H-1B visa is perfectly valid even with the
new employer. The employer name has no legal meaning, but rather is just
information.
> Problem:
> The VISA officer has some doubts regarding my case and is delaying the
> stamping. My new employment letter states that i may have to work
> anywhere in the US, this is a general employment letter given to all
> employees. I have been working in Massachusetts at one location since i
> got my new job.
>
> However, my LCA based on which i got my approval states that i can work
> only in the Massachusetts jurisdiction.
>
> The officer sees this as a discrepancy and is delaying the stamping of
> my VISA. I have asked him number of times that i can produce more
> documentation from my employer stating that i will be working only in
> Massachusetts, but he does not want any more documents.
>
> Can anyone give any advise, how to proceed in this case?? If the officer
> rejects my H1, are there any alternatives?? coz i have my job in the US
> and all my belongings.
If he returns your passport without the H-1B visa, but with the old visa
still intact, you can simply return. If he also cancels the old visa, then
you would have to reapply in your home country.
The only other thing I can suggest is to have your employer call the local
Congressperson's office for help.
--
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 visit my new FAQ at http://www.kkeane.com (still 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.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 25th 2003, 7:21 am
#3
Just Joined
Thread Starter
Joined: May 2003
Posts: 5
Can this be a basis for rejection of my H1-B??
Also, can the employers lawyers appeal this case to the INS??
Thanks
Also, can the employers lawyers appeal this case to the INS??
Thanks
May 25th 2003, 8:27 am
#4
Guest
Posts: n/a
Re: Problems with H1-B Visa Stamping
On Sun, 25 May 2003 19:21:18 +0000, mercury72 wrote:
>
> Can this be a basis for rejection of my H1-B??
Can what be a basis for rejection?
> Also, can the employers lawyers appeal this case to the INS??
No, for any number of reasons:
- INS doesn't exist any more. BCIS took over.
- BCIS approved your H-1B. It is the consulate that denied the visa stamp.
- there is no appeal AT ALL against a visa denial.
--
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 visit my new FAQ at http://www.kkeane.com (still 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.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
>
> Can this be a basis for rejection of my H1-B??
Can what be a basis for rejection?
> Also, can the employers lawyers appeal this case to the INS??
No, for any number of reasons:
- INS doesn't exist any more. BCIS took over.
- BCIS approved your H-1B. It is the consulate that denied the visa stamp.
- there is no appeal AT ALL against a visa denial.
--
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 visit my new FAQ at http://www.kkeane.com (still 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.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
May 25th 2003, 8:56 am
#5
Just Joined
Thread Starter
Joined: May 2003
Posts: 5
Can the dicrepancy between by employment letter (work anywhere in the US) and LCA (for a single location) be a reason for rejection by the consulate??
I have enough documents to prove that i have been working only in one location as stated in the LCA. I am not sure if the officer will ask for any documents to prove this??
Thanks..
I have enough documents to prove that i have been working only in one location as stated in the LCA. I am not sure if the officer will ask for any documents to prove this??
Thanks..
May 25th 2003, 11:10 am
#6
Guest
Posts: n/a
Re: Problems with H1-B Visa Stamping
The decision is discretionary, so ANYTHING can be a reason if the officer
suspects that you will not comply with the terms of your H-1B in the
future. However, it seems that basing a denial just on such a letter would
be unreasonable. Maybe the officer was simply inexperienced.
On Sun, 25 May 2003 20:56:53 +0000, mercury72 wrote:
> Can the dicrepancy between by employment letter (work anywhere in the
> US) and LCA (for a single location) be a reason for rejection by the
> consulate??
>
> I have enough documents to prove that i have been working only in one
> location as stated in the LCA. I am not sure if the officer will ask for
> any documents to prove this??
--
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 visit my new FAQ at http://www.kkeane.com (still 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.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
suspects that you will not comply with the terms of your H-1B in the
future. However, it seems that basing a denial just on such a letter would
be unreasonable. Maybe the officer was simply inexperienced.
On Sun, 25 May 2003 20:56:53 +0000, mercury72 wrote:
> Can the dicrepancy between by employment letter (work anywhere in the
> US) and LCA (for a single location) be a reason for rejection by the
> consulate??
>
> I have enough documents to prove that i have been working only in one
> location as stated in the LCA. I am not sure if the officer will ask for
> any documents to prove this??
--
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 visit my new FAQ at http://www.kkeane.com (still 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.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
