H-1B visa extension and stamping in USA

**High5** · 13th October 2003, 03:03 PM

Hi

I understand this is not the right forum for H-1b queries, but somebody could provide some info, I will appreciate it.

I will appreciate if the forum could provide me their experience on getting H-1B visa stamped in USA.

I'm currently on H-1b and my wife on H-4 visa. Both visa have expiry date of mid of Feb, 2004.

I'm planning to go to india in early December. My company lawyer has applied for H-1B extension and H-4 extension under normal processing category.

My question is:
1. If I convert my application to fast track (I'm not sure what the correct term is), what documents do I need to send to BCIS.

2. Also if anybody could share their recent experience of fast track H-1b & H4 visa extension processing will be appreciated.

3. Is it true that I will get approval within 15 days of my applications from BCIS if converted my application via fast track.

4. Once I get my H-1b & h4 approval, can I send my passport to office in USA for stamping of the new visas.

5. How much time does it take to get the visa stamped. Is there any fast track processing available for that.

I also have I-140 & 485 applications pending since March 2002, but have not heard from BCIS for approvals/denials. But I guess this is not related to H-1b extension questions.

I will appreciate your response.

**gchope2** · 13th October 2003, 03:47 PM

According to my lawyer, you can't leave the country once you file the extension. you will have to wait to get the extension approval. If you don't have a visa stamp on your passport before, you can't get visa revalidation in the states either. I don't know how to change to premium (?) service once you have already filed the extension.

However, my lawyer mentioned that one don't need to get a visa stamp and can continue work on H-1 after back on AP, and work for the same employer.

Anyone else have the related information?

**High5** · 13th October 2003, 03:53 PM

But if you enter US using Advance Parolle doesn't that mean that one will need to use EAD to work and not use H-1B Visa. I currently don't have EAD and would prefer to work on H-1B visa until GC is approved. Thanks for the info.

**PremChopra** · 13th October 2003, 04:21 PM

You will get all your answers here :

http://boards.immigrationportal.com/...s=&forumid=188

**tamilpayyan** · 13th October 2003, 04:23 PM

I am in a similar situation like yours.

My H1B visa stamping in my passport is expring this month and I got my new H1B extension approval notice last month. In the last 3 months, my EAD, AP & I140 all got approved and I am waiting for my 485 which ofcourse is going to take ages to get approved.

I am planning to visit India early Dec and according to my attorney he advises me to travel out of US using my H1 which forces me to apply for my new H1B stamping in my passport. After a reasonable thought process, I have decided to do my stamping in India while I am there and come back on H1.

But I have a friend of mine who recently transfered his H1b petition from normal processing to priority. I will check with him to see what it takes to move the case and will update you.

Good Luck.

**gchope2** · 13th October 2003, 05:49 PM

High5,

My lawyer said I don't need a visa stamp to continue working on H-1 after using AP travel, providing my H-1 is still valid and I work for the same employer. I can't believe it's true, but that's what my lawyer says. I intend to travel next month and still want to work on H-1, but I am afraid of getting a security check once I apply for a visa stamp. so my lawyer suggested this and also provide me some INS documents which I don't really understand what it says. My lawyer is from a big immigration law firm.

**gc_majburi** · 13th October 2003, 07:05 PM

My attorney said tha same. Also have seen a Dept of State memo regarding that. It is true.

**FrereTuck** · 13th October 2003, 11:33 PM

gchope2,

Is it possible for you to jot down the Form numbers of the INS
documents that you said the lawyer gave you ?

This information would be useful for me since my situation's similar to yours:

- I received my H-1 visa extension,
- don't have the stamp in my passport, but
- have valid AD and EAC expiring in Feb '04 (though have
applied for renewal of these)
- am planning a trip in Dec.

Thanks,
Frere

Originally posted by gchope2
High5,

My lawyer said I don't need a visa stamp to continue working on H-1 after using AP travel, providing my H-1 is still valid and I work for the same employer. I can't believe it's true, but that's what my lawyer says. I intend to travel next month and still want to work on H-1, but I am afraid of getting a security check once I apply for a visa stamp. so my lawyer suggested this and also provide me some INS documents which I don't really understand what it says. My lawyer is from a big immigration law firm.

**murmanmadi** · 14th October 2003, 09:24 AM

Following up on a question raised by High5:

"Once I get my H-1b & h4 approval, can I send my passport to office in USA for stamping of the new visas."

Is it possible to have your visa stamped within US i.e., without going out of the country?

**gchope2** · 14th October 2003, 04:04 PM

FrereTuck

it's called Amended INS Memo on H/Ls Traveling on Advance Parole. I searched on the web. The URL below has the exactly same thing. Pay attention to #4.

http://www.shusterman.com/hlmemo500.html

What;s your interpretation on this? I just think that no need for visa stamp is too good to be true.

**FrereTuck** · 14th October 2003, 08:35 PM

gchope2,

This is what I understand from reading #4. It's quite a play
on words but nowhere do I read that the alien after entering
the US with an Advance Parole continues to work
with the employer ON the H-1 status they had before leaving.

Here's the scenario as I see it:

The alien (holding a valid H-1 employment authorization) enters the US with the Advance parole document (meaning the visa stamp on the passport is not required here. So far so good)
However this now automatically starts them on parole.

The alien now continues working for the H-1 employer without
obtaining another "separate employment authorization
document " (which I can only assume means an H-1)

Now the amendment states that the INS does not consider
this to be illegal.

In other words, the alien does not *need to get a separate H-1 employment authorization document, HOWEVER they are still on parole* (note that the amendment never stated that they are not on parole anymore)

So to sum up, the alien maintains the parole status and continues working for the employer.

Is there a lawyer on this site who could substantiate/refute
this interpretation ?

Thanks,
Frere.

**gchope2** · 16th October 2003, 03:30 PM

I am more confused after your interpretation. I will check with my attoney on it as he seems mentioned I might need to go aboard to get H-1 visa if later I change employer. it seems fine if I stay with the same employer. I will double check with him.

Please keep check on this matter. You may email me at gchope@hotmail.com if you got other explanantion.

**High5** · 2nd November 2003, 06:01 PM

My application is now converted to premium processing. I'm hoping to receive approval soon.

I have not applied for Advance Parole,

http://www.shusterman.com/hlmemo500.html

Does that mean I will not be able to return back if I don't have new H-1B visa stamped on passport. My old H-1B is expiring mid feb 04. I'm planning to return back in mid January. Can I come back on old H-1B visa stamp even if I have received I-767 and I-539 (H-4 renewal) approvals.

**PremChopra** · 2nd November 2003, 07:20 PM

Just to remove doubts all your doubts, You are not out of status or you don't need EAD after entering on Advance Parole, you can keep on working on H-1/L-1 and can get it extended.

This is sure and Attorney murthy says that:

http://www.murthy.com/UDnewins.html

Hope this helps.