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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28862
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have a question regarding my H1 Stamping that I'm planning

Customer Question

Hi, I have a question regarding my H1 Stamping that I'm planning to attend from US Consulate in India. Recently my extension got approved and my employer is yet to send me the original approved petition and LCA copy. My old petition is still active until 02/02/2017. The new petition is active from 02/03/2017. At this juncture, I only have the old original petition and the scanned copy of the new approved petition.
Is it mandatory to carry the Original petition and LCA copy? or just the scanned copy of the new petition is good enough? for LCA, i downloaded from icert using my employer name, hence it has got some redacted info..is it advisable to carry?
Also, I don't have the end client letter, but got the letter from the implementation partner as end client policy is not to get the letter. Is this fine? Please advice - Vijay
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith Ludwic replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

As far as the consul processing of your visa stamp, you do not need any copy of the new I-797. The consul does not rely on paper copies or originals because they are easily manufactured.

Instead before you come to the interview the consulate staff goes into PIMS = Petition Information Management System and reviews your immigration history in the USCIS electronic files which shows all petitions filed and the supporting documents and the action taken by the adjudicator.

You do not need the I-797

The original LCA is retained by DOL and they send out an electronically certified LCA to the employer. By law the employer is required to provide you a copy of that on or before the start date listed on the LCA.

With regards ***** ***** end client letter, other documentation is acceptable and if the implementation partner provided a letter that was acceptable for petition approval then that is all that would be needed.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Customer: replied 9 months ago.
Thank you so much for your response. With the same context regarding LCA, I was able to download the lca copy from iCERT system with redacted info.. Will this suffice for the stamping? If not, what would be best way to get it if employer is not willing to provide with the copy. Pls. advice!
Expert:  Judith Ludwic replied 9 months ago.

Yes, that will be sufficient because the consul will have the LCA in the PIMS record and you are not required to be given your copy by the employer until the start date on the LCA.

You do not need to worry about that.

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

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