Green Card app or H1B stamping dilemma

RiteshSanghvi

Registered Users (C)
Hi everyone,
My wife got naturalized last week (alas) and will be receiving her passport in a few days. I am on a H1-B visa which needs stamping. We are planning to visit India in April-May. I am confused whether I should get my green card application process started before we go (and get advance parole) or should opt for visa stamping in India before reentry. My concern is that when I go for stamping, knowing that my wife is citizen, consulate may decline to endorse my visa. On the other hand, I am not sure about the time line to apply and receive the advanced parole.
Any suggestion will be of immense help.

Thanks

Ritesh
 
Consulate cannot deny your H1 stamping because your wife is a citizen. H1 is a dual-intent visa and the fact that you may apply for immigrant visa in due course does not matter. Having said that, personally, I would submit I-130, I-485, I-131 and I-765 as soon as possible. Applying for H1 visa stamp is taking considerable time these days due to PIMS verification.
 
Note that the Advance Parole is not valid for reentry unless it was approved while you were still in the US. So if you want it by April you better apply for it right now.
 
Top