Advice for the foll situation

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registrationid

Registered Users (C)
Foll is the details of my case:
USCIS: NSC
Category: Advanced degree/ excp ability
I140 , I485 RD/ ND: Sept27,2003
NO 140/485 and NO RFE yet.
EAD, AP approved.
FP on May25,2003.

My I94 with current employer is valid till 2/14/2005.
My passport still has the old employer's H1 visa stamp.

I wish to travel out of US next month. I know I can use my AP with the current H1.
I am exploring the pros and cons of switching to EAD.

QS:
==
1 .If I switch to EAD my H1 clock will stop ticking and getting wasted. HOWEVER I STILL DO NOT HAVE MY 140 approval and if 140/485 gets denied, I would have to get a fresh H1 to continue working for the present employer. Am I right in making statement? If my project end b4 140/485 approval, my employment will end too. What would the experts suggest that I do in my scenario?
I do not want to waste the time on my H1!!! What would one do
2. If I lose my job after switching to EAD and after finding a new job, would I have to get a fresh H1 or is it that I dont need H1. I know it will be dangerous to switch jobs since my 140 has not been approved yet. However, my lawyer states that since my concurrent 140/485 petition has been pending for 180 days, I will be able to switch even if 140 has not been approved. She apparently has some sort of affirmation of this from NSC.
3. If my i140 gets approved, I plan to go for Consular processing as 485 is taking a v,v long time. However, if and when I go for my interview, it might be very close to my H1 end date.
4. I have not travelled out of US in the last 4 1/2 yrs. If I wish to go to Canada / Mexico to get the H1 stamp on the visa and given the short period that I haveleft on H1 does anybody see any issues with getting the H1 visa stamp and entry to US? My lawyer seems to think they could deny the visa stamp since i do not have much time on H1!!!!! I really wanted to point the absurdity of her argument since I have around 9 months left and also since I hold an employment.

Thanks
 
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registrationid said:
Foll is the details of my case:
USCIS: NSC
Category: Advanced degree/ excp ability
I140 , I485 RD/ ND: Sept27,2003
NO 140/485 and NO RFE yet.
EAD, AP approved.
FP on May25,2003.

My I94 with current employer is valid till 2/14/2005.
My passport still has the old employer's H1 visa stamp.

I wish to travel out of US next month. I know I can use my AP with the current H1.
I am exploring the pros and cons of switching to EAD.

QS:
==
1 .If I switch to EAD my H1 clock will stop ticking and getting wasted. HOWEVER I STILL DO NOT HAVE MY 140 approval and if 140/485 gets denied, I would have to get a fresh H1 to continue working for the present employer. Am I right in making statement? If my project end b4 140/485 approval, my employment will end too. What would the experts suggest that I do in my scenario?
I do not want to waste the time on my H1!!! What would one do
2. If I lose my job after switching to EAD and after finding a new job, would I have to get a fresh H1 or is it that I dont need H1. I know it will be dangerous to switch jobs since my 140 has not been approved yet. However, my lawyer states that since my concurrent 140/485 petition has been pending for 180 days, I will be able to switch even if 140 has not been approved. She apparently has some sort of affirmation of this from NSC.
------------ What kind of affirmation? A ltter stating the same or reference to a clause in the AC21 statemant?? I am also in a similar situation but my lawyer has suggeted that I wait for my 140 approval before I change my employer.

3. If my i140 gets approved, I plan to go for Consular processing as 485 is taking a v,v long time. However, if and when I go for my interview, it might be very close to my H1 end date.
------------ You may not save much time as going from 485 to CP is as slow as waiting for 485 approval. Did you talk about this with your lawyer??

4. I have not travelled out of US in the last 4 1/2 yrs. If I wish to go to Canada / Mexico to get the H1 stamp on the visa and given the short period that I haveleft on H1 does anybody see any issues with getting the H1 visa stamp and entry to US? My lawyer seems to think they could deny the visa stamp since i do not have much time on H1!!!!! I really wanted to point the absurdity of her argument since I have around 9 months left and also since I hold an employment.
------------ You cannot get H1-B stamped in any other country but yours home country. Don't even try this I have friends who tried this and ended up going to India to get the stamping ( They effectively lost 2+ months ). I do not know the exact details of their case but they went to get H1-B stamping in Canada. Please confirm this from your lawyer.
Thanks
Click to expand...
 
HATHWAR,
For the H1B stamp, are you suggesting that H1B cannot be stamped other than the home-country of the visa holder? I have got my visa stamped in Mexico around 5 yrs ago. I have friends who have visa stamped in MX and CA. The difference is my first 3 yr period expired on Feb 2001. I am currently in my 2 nd 3 yr period. Also I have only 9 months left on h1. My friends had ample time on their H1 when they went for stamping in CA , MX
 
I guess its not true that you cannot apply for Visa stamping at other-than home country. What is true is that it is highly risky. If your H1 is denied at a foreign post, then you cannot enter US, and will have to go to home country for visa stamping. So be aware of this.
 
registrationid said:
HATHWAR,
For the H1B stamp, are you suggesting that H1B cannot be stamped other than the home-country of the visa holder? I have got my visa stamped in Mexico around 5 yrs ago. I have friends who have visa stamped in MX and CA. The difference is my first 3 yr period expired on Feb 2001. I am currently in my 2 nd 3 yr period. Also I have only 9 months left on h1. My friends had ample time on their H1 when they went for stamping in CA , MX
Click to expand...

I will replace the word cannot from my earlier statement and say serta is right.
Regarding you getting stamping done in Mexico 5 yrs ago that was a long time ago. I am quoting what happened in Dec 2003 and Jan 2004. Things have changed after 9/11. These guys had around 6-9 mos( there were three of them ) left on their H1 and got rejected in Canda and ended up going to India to get the stamping done the y lost 2+ months on their H1. What a pain.

Now after returning they applied for their extensions and waiting for its approval. Please confirm with others on this forum before you make the journey to Canada for stamping.
 
I concur, that it can be stamped in Mexico/Canada. And if you have a solid case, it should not be a problem. But be prepared for the worst, if it is denied U'll be headed back right to sweet home.
 
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