I am currently on H-1 whch expires Jan25, 2004. I came to US on a J-visa (which expired in june 1999) and changed it to H-1 in 2001. Since the visa expired I have never been outside US. I got my I-140 approved (NIW category, self petitioned) and filed for I-485 May 25, 2003 at CSC. I have been intending to go to India anytime soon. A representative at the international students office in this University told me that I can extend my H-1 and then get an H-1 stamping done either in mexico or In India and also that my I-485 case shall still be active, thus not needing to apply for advance parole. Is it true. Is there anybody who have got their H-1 stamping done while their I-485 was pending. I so please respond. Greatly appreciate your help.
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H-1 stamping while I-485 pending
- Thread starter bjags
- Start date
One can get H1, H4 visa stamped if I-485 is pending and you have valid H1 status. I don’t think you can revalidate the Stamp in US, as they need that you should have your first timeH1 stamp from your home country, when you visit India get the H1 visa stamp
You can also apply for AP and get AP approved in hand before departure from US. You will have choice to use AP or can enter with H1 visa stamp
You can also apply for AP and get AP approved in hand before departure from US. You will have choice to use AP or can enter with H1 visa stamp
You are on H1 visa valid till Jan 2004 if you visit India before that you can get H1 stamp if it is Chennai consulate they take the time to stamp visa and are creating problems if you belong to Bombay or Delhi consulate, no problems just submit all the required documents, if you visit after Jan 2004 then your need new H1 extension approval to get H1 visa stamped I don’t think you will be denied H1 visa stamp.
If you get AP before departure you can use AP that is up to you, IF you use AP you can be on H1 you should have not used EAD
Read below take the print out and read all in details you will find answers to your concerns:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
Good Luck!!
If you get AP before departure you can use AP that is up to you, IF you use AP you can be on H1 you should have not used EAD
Read below take the print out and read all in details you will find answers to your concerns:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
Good Luck!!