Re-Stamping H1B Visa on 7th Year with approved i140 ?

[manzsteel Junior Member Find all posts View Profile Close manzsteel]

Hi Shah,

I've PERM & I140 approved by the company, I'm on 7th year of my H1B, working with US company as Fulltime employee.
My first and only H1B stamped visa expired in 2009 and now if i go outside of US, i would go have to go for re-stamping.

Since these days the H1B re-stamping has become little difficult and i have heard lot of H1B Visa stamping cases being rejected or 221g.

Whats the best way to get the US visa re-stamped so that i can travel freely?
Do you think stamping in Canada or Mexico would be a good option for H1B re-stamping?

If I go to India for re-stamping and get stuck for some reason. What are the chances do i have to come back? I mean, will i have to apply for new H1B ? Would i be loosing my priority date as well ?

Please advice!

Thanks in advance!

[shah Administrator Find all posts View Profile Close shah]

Hi,

This is a very interesting question. Going to Mexico is probably impossible, because I think at this point in time it is not happening. As for Canada, the risk are still present. The truth is that if your company is strong, you have not had any previous denial and you have proof that there is a project for you, you might want to try directly India. You need to check if your company will be able to vouch for your case in the event they call to confirm the job. If it is an IT consulting firm, you need to have a copy of your H1B application package, a current letter and more importantly an end client letter with the HR or person to be contacted to confirm the position.

The choice of Canada or India is not really the decisive factor.

Feel free to call us at 510 742 5887 for a more detailed consultation.

[manzsteel Junior Member Find all posts View Profile Close manzsteel]

Thank you so much for your prompt reply, Shah!

I must actually take you some time for lunch, i had called last time on your KLOK radio show regarding H1B transfer after my 140 approval and it went so smoothly. I owe u a big thanks!

So looking at my current situation. If i go to India for re-stamping and get stuck.
1. Will i loose my old PD ?
2. Will i have to file under new H1B cap or any of the company can file new H1B based on approved i140.
3. If my family remains here in US and i get stuck in India, what would be status of my family members. Do they get out of status ?

Thanks

[shah Administrator Find all posts View Profile Close shah]

Thank you so much for your prompt reply, Shah!

I must actually take you some time for lunch, i had called last time on your KLOK radio show regarding H1B transfer after my 140 approval and it went so smoothly. I owe u a big thanks!

So looking at my current situation. If i go to India for re-stamping and get stuck.
1. Will i loose my old PD ?
2. Will i have to file under new H1B cap or any of the company can file new H1B based on approved i140.
3. If my family remains here in US and i get stuck in India, what would be status of my family members. Do they get out of status ?

Thanks

Thank you for your kind words. To answer your questions:

1. No you do not lose the PD (Priority Date)
2. It does not matter the I-140 was approved with company A, company B can still file unless the I-140 was revoked.
3. If your H1b is revoked yes.

It is hard to tell unless I do a full ****ysis. The question is whether you should go or not. If I were you I will transfer first, get an approval and then decide.

Call us at 510 742 5887, if you want us to ****yze.

Good Luck