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[Rajiv S. Khanna]

Hi Rajiv,
I'm in 4th yr of H1B and is expiring in Feb2011. I have to visit India in March 2010 and I need to go for visa stamping. I'm working as a 3rd party at client location.
Due to personal reasons I may have to stay back in India for 3-4 months. Can I go for a long break on H1? Can I show the present client letter in the visa interview?
If I get H1 stamped, Will there be a problem for me while returning back as I may not have a job at same client place after 4 months? In that case, where should be my port of entry?
I heard that one should travel back to US at least 6 months before H1 is expiring. Is that true?

Thanks in Advance,

You have to have a job/project in hand when you apply for the visa and also when you enter USA. It appears to me you are in between projects. There is no enter-6-months-before-expiration law.

 

[Rajiv S. Khanna]

Hi Rajiv,

I am on H1B Visa and working on third party client side. I got my h1B extension till 2012...Now, I thinking to go for stamping in Mexico with my wife and kid......Now is it safe to go for stamping in mexico?
Still people getting problem on POE in NJ/NY airports...?

Other question, Is my wife can go to india and get stamping for her H4 unless I haven't Visa in my passport?

Please advice me I really appreciated your help...!

Thanks

It is impossible to assess how safe it is to go to MX. There are no further stories that I know of about POE problems. There is no law that says H-1 holder must get his/her visa stamping before an H-4 to spouse would be issued, but consulates sometimes do require it.

 

[Rajiv S. Khanna]

HI Rajiv,
My last H4 extension was for 2 years and my last I- 94 expired NOV 19 2009 . My mother who is on H1B was able to file our I-485 in june 2007 when our priority date became current. PD is June 2006 . I have EAD and AOS application receip tfrom 2007 filing with A #. I was lucky to have my mother PD become current and i-485 filed before my 21st birthday .
I have filed before my i-94 expired in november 2009 for extension and I got a receipt still waiting on approval.. I would like to know how my AOS status is protected now that I am 23 plus years . My mom maintained her H1 B status with her employer and it is renewed until 2012. Further how is my status to be extended whenever my I-94 expires.

It looks like you are protected because your AOS was filed while you were under 21 and still in status. Even if your I-94 expires, you are still legal in USA (authorized period of stay), but you will need an advance parole to travel and an EAD to work.

 

[Rajiv S. Khanna]

My wife came to US on H4 in May,2006.
-I shifted to new company in June,2007. New company processed H1B for me H4 for my wife.And H4 is valid until June,2010. She also got H1B in 2007 and valid from Oct 2007 to March 2010.
-She has been in the project since Nov 2007.
-She got H1 stamped on her passport.
-Her last project finished in Dec 2009.Now she has no project. She wanted to come back to H4.

Now my questions are
1) What are the documents are required for H1-H4 transfer?
2)Do they need her pay stubs? If so, she doesn't has January,2010 paystub(as no project for her).
3)Can we submit transfer without Attorney?
4)Since she has valid H4 until June, 2010 can she go to Canada(she has no canada visa), and get stampped with H4? She can't go India, as she is 6th month pregnant.
5)As she is pregnant, can she be on leave on medical grounds. If so, will she be in H1B status or out of status? If she is in H1B status, can she COS to H4 in March, as her H1B is expiring in March?

Thanks for your help
SK2008.

This can be a very dangerous situation where we need to worry about unlawful presence and the 3/10 bar. Talk to me in the conference this Thursday.

 

[Rajiv S. Khanna]

Hi Rajiv,

Could you please answer my I-94 validity question. Here is the sequence of events happened with my I-94,

1) On 1/31/09, I-94 issued till 11/30/09 (because of Passport expiry) at POE last entry to USA even though I-797 valid till 2/25/10.

2) My passport was renewed and got H1-B extension approved which came along with new I-94 (on I-797) valid from 2/26/10 till 11/30/12

3) And there is no valid I-94 from 11/30/09 to 2/25/10. I have H1-B visa stamping on Passport till 2/25/10

4) To fill the gap, I Visited Canada and I-94 was issued till 2/25/10 at POE (Canada Border) till current H1-B (I-797) validity. I showed them the current I-797 (which is valid till 2/25/10) since new extension is not going to be effective as of 2/26/2010 (and I didn't show them new H1-B extension).



Question: What is my I-94 status from 2/26/2010 (Is my I-94 received on H1-B extension valid from 2/26/10)? What is the recommended approach to get this corrected, if anything. Please advise. Thanks.


(Both the current I-94 on Passport (Canada visit, valid till 2/25/10) and new I-94 (on H1-B extension, valid till 11/30/12) have two different numbers)

Thanks for your time and your generous service to community.

Huh? I am not sure I understand your facts. I would love to be able to understand and assist. Talk to me on coming Thursday in conference or get together with your H-1 lawyers.

 

[sri_valere]

Indian born US Citizen Extending/overstaying on Indian Tourist Visa.

Hi Rajiv,

I am an Indian born, a US citizen since a year with a 10 years Multiple entry Visa to India.
I am currently in India for over 4 months and would like to stay little longer say 1 month more than 180 days or 6 months.

Only reason to stay here is to stay with parents and take care off them.
Is it possible to stay longer with out having to returning back to USA ? If so What is the process to extend..
Whom do i contact here and what can i do.

Please help answer my questions.
You are very helpful as always and very much appreciate your efforts.

Best Regards

 

[Rajiv S. Khanna]

Hi Rajiv,

I am an Indian born, a US citizen since a year with a 10 years Multiple entry Visa to India.
I am currently in India for over 4 months and would like to stay little longer say 1 month more than 180 days or 6 months.

Only reason to stay here is to stay with parents and take care off them.
Is it possible to stay longer with out having to returning back to USA ? If so What is the process to extend..
Whom do i contact here and what can i do.

Please help answer my questions.
You are very helpful as always and very much appreciate your efforts.

Best Regards

Sri, I do not know Indian immigration laws. I suggest you contact the closest US consulate, citizenship services section. They will be able to guide, and they are usually very well informed. Of course, as far as US laws are concerned, there is no limit on how long you may stay.