Stamping Question

ucadi1

Registered Users (C)
Dear All,

I was reading a post on this forum and I got this question. I have recently filed for H1 3 year extention using I-140. I had 2 years pending on my H1 but my lawyer suggested that using I -140 I can get my H1. On my 1-94 card my visa is valid until April 30th 2007. I filed for H1 on December - 4 months ahead- as suggested by lawyer under normal processing.

I have three questions for all of you.

Question 1 - If there is a delay in approval on part of the GOVT and the delay crosses my visa date on my I-94 card, Am I still legal to stay in the country while I'm waiting for extention to be approved?

Question 2- Suppose my visa extention arrives after the date on my I-94 card and I need to get it stamped, Can I stamp in Canada since I dont have a valid Visa from USA and just an H1B approval notice or MUST I GO to INDIA TO STAMP?

Question 3- Considering I have 3 more months on H1 and I have applied for extention normal way, Should I consider premium processing at this stage? Is too short a time for an approval to arrive considering the backlogs?

Please reply to my question. It would mean a lot to me. I have my wife's H4and my H1 hanging by the noose and we only have 3 more months on our previously stamped H1 visa in our passports.

Thank you very very much. Kindly reply. I have nowhere to go.
 
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