emergency AP or third country H-1B stamp?

J

jinglebell

Registered Users (C)
My case is too complicated to figure out by myself. I really appreciate your kind help:
o My wedding is in December, 2003 in India. I've booked tickets leaving US on Nov. 30, 2003 and come back on Jan., 3, 2004.
o I'm working in San Jose.
o My current H-1B is going to expire on Oct.31,2003. (first three years). My company lawyer has applied H-1B extension on Aug., 20, 2003 with expedite processing.
o Currently I've both AP and EAD. But current AP is going to expire on Dec., 22, 2003, my company lawyer has applied AP renewal on Aug.,10, 2003.
o my company lawyer applied my GC (I-140 & I-485 concurrently) on Sep. 20, 2002, I recieved I-140 & AP approval on Dec., 28, 2002. Applied EAD in the end of March (WAC0313551151) and received approval on Jul. 3, 2003.

o I just traveled to Canada last week for one week and came back with my current AP on Aug.,17,2003.

Question: my company lawyer told me it takes 4 month to get AP renewal approval currently, I might not get AP renewal approval before I leave US on Nov. 30, 2003. To be safe, she recommanded me to apply third-country H-1B visa and get stamp on my passport in October after I get my new H-1B extension. Even in case my H-1B application is denied in third country, I still can come back to US using my current AP.

Should I apply emergency AP or third country H-1B visa? If Emergency AP, San Jose or San Francisco? When should I apply?

I sincerely appreciate your help.

Jinglebell:confused:
 
Use drop box in India

You are eligible for drop box facility in India thus not requiring appointment. If the paper work and photos given are perfect you will get your visa stamped in 2 weeks.
 
why dont you try the 3rd country Visa, then emergency AP and then stamping at your home consulate. It is the logical sequence to try.

Like the other poster said, it shouldnt be hard for you to get H1 Visa at home itself, but u want to make sure right?
 
Re: Use drop box in India

Originally posted by AOSWaitAtCSC
You are eligible for drop box facility in India thus not requiring appointment. If the paper work and photos given are perfect you will get your visa stamped in 2 weeks.
Click to expand...


It might take longer to get the stamping done in India, since you have to wait for a minimum of 45 days if the Consulate picks your case for additional security clearance. And the 45 days is not a fixed period. It's easier in a way to go to either Mexico or Canada for the stamping because in this case, the consulate gives you a particular date to come back if additional security clearance is required. Check with your lawyer for the best option.
 
Thanks everybody.

I'll try 3rd country visa in Vancouver, Canada first, then emergency AP. Hopefully I don't have to go to apply H-1B in my home country.

Thank you very much.
 
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