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Immigration Issues/H1 Visa stamping query

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Question
Hi Ajay,

I have my H1B petition approved on Sep2010 and its valid until Aug 2012. Due to some personal reasons (hav to look after my sick parents) am not able to travel for long term. Since now they're fine my company is planning to send me for long term this year. For that they're planning to schedule the visa appointment interview this Jan2012.

Will it be an issue for me to attend the stamping so late after getting approval notice on 2010? What kind of questions they ask while attending the interview?? Please let me know on this.

Thanks in advance,
Sadeesh Kumar.S

Answer
Dear Sadeesh:
Firstly, when you say valid until 2012 - I don't understand why only 2 years when H1B is for 3 years [initially] and then renewal of further 3 years.  As for your concerns:

1) If you have proper documentations regarding delay in stamping and letter and authorization from your employer, I don't think there should be any problem.  And as for your concern about questions (2) it all depends on your visa petition, job offer, job position, experience, your resume, etc. I would suggest you speak with an attorney on this with complete details of your file.  Otherwise, general questions are regarding your employer, your job with details about nature of job and your roots in your home country as H1B is a non-immigrant visa with dual intention.  

Best wishes,
Ajay Singh, Esq.
AJ SINGH LAW
275 North Street
Newburgh, NY 12550
845-784-1500 (Tel.)
646-807-4582 (Fax)
AJASIN@GMAIL.COM

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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