Breaks while on H1 and Consulate Visa Stamping

R

rjo1

Registered Users (C)
Hi! My Wife is on H1 and I am on GC applying for USC this year.

Due to some urgent matter, my wife has to travel to Delhi. She has H1b renewal papers valid till Oct 2008. Her H1B visa in Passport has expired.

Her current working status has been shaky:

1). In 2005, worked for 8 months, due to maternity leave and recovery.
2). In 2006, was on unpaid leave for 5 months due to back problem and surgery. She will resume work May 2006 (this month).
3). Has Bachelors in Business with 3-4 years IT experience.

Should we go to Mexico, Canada or India (Delhi) for stamping. What can we expect given the above breaks in employment.

If we go to Mexico or Canada, can she get back to US, if H1 is rejected. How?

Thank you.
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why don't you file for a GC for her in the meantime, and when you sort out your citizenship, upgrade the grounds for your immigrant petition for your wife.
 
I do not think it is as simple as that; GC application would fall in FB category which has longer backlog than EB categories.

please consult an attorney regarding the options available.

bhoray said:
why don't you file for a GC for her in the meantime, and when you sort out your citizenship, upgrade the grounds for your immigrant petition for your wife.
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rjo1 said:
If we go to Mexico or Canada, can she get back to US, if H1 is rejected. How?

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If she went to Canada/Mexico for revalidation and it was rejected, she can not use automatic revalidation, therefore, she needs to direcly flyto her home country to get visa stamp.
 
If she is with the employer and on leave, I think it is acceptable. In my case, for my 485, when there is a question why my salary was leass than it should be, my lawyer sent a letter explaining about my maternity leave and the unpaid leave i took, to take care of the baby.

She can take all related documents to prove her medical issues and it should be fine.


rjo1 said:
Hi! My Wife is on H1 and I am on GC applying for USC this year.

Due to some urgent matter, my wife has to travel to Delhi. She has H1b renewal papers valid till Oct 2008. Her H1B visa in Passport has expired.

Her current working status has been shaky:

1). In 2005, worked for 8 months, due to maternity leave and recovery.
2). In 2006, was on unpaid leave for 5 months due to back problem and surgery. She will resume work May 2006 (this month).
3). Has Bachelors in Business with 3-4 years IT experience.

Should we go to Mexico, Canada or India (Delhi) for stamping. What can we expect given the above breaks in employment.

If we go to Mexico or Canada, can she get back to US, if H1 is rejected. How?

Thank you.
--
Click to expand...
 
staying in the US on unpaid leave would probably not be acceptable; staying in home country and not getting paid would probably be fine.
however, did your 485 get approved with your lawyer's explanation?
baski555 said:
If she is with the employer and on leave, I think it is acceptable. In my case, for my 485, when there is a question why my salary was leass than it should be, my lawyer sent a letter explaining about my maternity leave and the unpaid leave i took, to take care of the baby.

She can take all related documents to prove her medical issues and it should be fine.
Click to expand...
 
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