[B]Visitor Visa - Tough Decision - In Dilemma[/B]

Sablok Kumar

Registered Users (C)
I'm nearing the end of my 6-yr H1B visa (no Green Card) and going back soon after my current contract.

1st Entry in US - 7/1/97.
Current I-797/I-94 till 6/30/03.
Previous I-797/I-94 till 7/15/03.

H1 Visa Stamp in passport expired July 2002. Not gone outside US since last 4 yrs.

Got my last job/contract in Feb'03. Company applied for H1-B transfer in 1st week of March'03. No information yet about the H1-B transfer, I do not have a copy of the petition but it's filed for sure. Lawyers asked me for the time I spent outside US in last 6 yrs (approx. 3 months). So, I'm expecting another 3 months extension of stay based on the assumption that INS will grant full 3 months recovery time.

Not so much worried about my job.

Want to invite parents to US before I leave and have sent the necessary docs.

Qs.

1) I sent the previous 2 I-797/I-94 forms with validity dates of 6/30/02 on the current one and I-94 on the previous one. I do not have latest I-797/I-94 approval.
What are the chances of my parents getting the visitor's visa since the above dates will be in notice of the US consulate in New Delhi that I'm nearing my H1-B cap.

I've been told by a couple of friends that since my last valid status date (as of current) is latest 7/15/03, US conuslate in India will think that I'll be out of status on 7/15/03, so there's no reason to give visitor visa to my parents.

Can somebody Please advise?

2) In this situation, if this is deemed to happen (can I assume this?), Is it advisable for my parents to tell US consulate upfront that I'll be returning to India alongwith them after their visit since I can recap some time spent outside US?

3) Should my parents apply for visitor visa on their own without showing any spsonsor papers from my side.

They are retired and have never travelled outside India. Is there any chance that they can get the visa on their own so as to increase their chances of getting the visitor visa?

What proof they need to show that they have ties in India besides the property papers and family ties?

Not sure what the right step is.....


Anxiously waiting for a reply. I've asked my company about H1 visa petition copy or WAC no. but got no reply since I'm working off-site.

Thanks
 
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