H1 B stamping in India with 140/485 pending

S

skusa

Registered Users (C)
My EB1-OR is pending since may2002 and applied for 485 in dec2002. I will be going to India sometime next month, is there any problem for H1B visa stamping at US consulate in Mumbai? is it required to go personally for interview? or dropbox is ok?
in the application form there is a column, "has anyone filled immigrant petition on your behlf?" what should I write there yes or No?
pl, help
 
in the application form there is a column, "has anyone filled immigrant petition on your behlf?" what should I write there yes or No?
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You should write "yes." H-1B is a dual intent visa (unlike F-1/J-1/B,..) and you can have immigration intention if you are applying for H-1B. In my view, if otherwise eligible, this won't be a reason for them to deny. Keep advance parole ready in case you face any problem with H-1B.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
thanks

Thanks Jigesh,
I camein here on J1 and after waiver now on H1b. I heard that now a days everyone has to go for interview, is that true and then how are the chances of denials? I got my J1 stamped in france.
I do have advance parole with me and wants to keep that as the last option because I read here that using AP invalidates the H1b status and I wish to keep h1b status till through with GC.

thanks again
 
skusua,
Using AP does not invalidate ur H1 status.
U can continue to be on H1, even after using AP.
Using EAD, invalidates ur H1.

As long as u have all the documents and have been valid status all through, there wont be much of a problem getting the visa stamped.
 
I heard that now a days everyone has to go for interview, is that true and then how are the chances of denials?
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I heard the same - may be everyone needs interview now. Not 100% sure - being a previous US visa holder, they may allow you drop box, too. Personal appearance is faster than mailbox anyway. If paperwork is perfect, I don't foresee any denial - although, it's just my (wild) guess.

Good luck.

Jigesh

Disclaimer: Personal non-legal opinion only.
 
I m in the same boat. My visa stamped on the passport has expired. I have a renewed H1B. I also have an AP. Not sure how this will affect my stamping.

I am still thinking if I need to go for stamping or not.
 
Please give me information about use of AP and H1b status. I read that use of AP invalidates H1b. also I read somewhere here on this forum that after using Ap one can still maintain H1b status provided one continue to stay with the same employer?
so my question is if one has used AP and doesnot have H1b stamped on passport then if wishes to change the job then is it possible to do H1b-H1b transfer or one has to get new H1b?

Please post the information about this.
thanks
 
skusa,
I am in the same boat as you. Did you go to Chennai and get your H1B stamped?
What did you put for "has anyone filled immigrant petition on your behalf?" Yes or no??
Please let me know ASAP I am going to Chennai in a week.

If anybody else has any updates on stamping H4 to H1b at Chennai please do let me know.

Thanks very much
 
If you are going to Chennai then that might be the only solution. I had send my passport to Washington DC when I had to have my passport stamped. It took approx. 60 days. I am always skeptical of consulates abroad.
Well the answer is 'yes' to your 2nd Q?


Originally posted by sram1969
skusa,
I am in the same boat as you. Did you go to Chennai and get your H1B stamped?
What did you put for "has anyone filled immigrant petition on your behalf?" Yes or no??
Please let me know ASAP I am going to Chennai in a week.

If anybody else has any updates on stamping H4 to H1b at Chennai please do let me know.

Thanks very much
Click to expand...
 
I do not have an AP. I am trying to find out if I can get one from the local INS office (same day AP).
If I don't get an AP and go to Chennai to get my H4 visa stampted to H1, I will have to attend an interview. Is it fine if I say "yes" to filing an immigrant visa? Will that not be a reason for them to deny my H1B visa?
 
Can you prove an emergency in your home country(death etc.) so that you have to travel. If so then you can get an AP(same day) very quickly from your local BCIS office.

Originally posted by sram1969
I do not have an AP. I am trying to find out if I can get one from the local INS office (same day AP).
If I don't get an AP and go to Chennai to get my H4 visa stampted to H1, I will have to attend an interview. Is it fine if I say "yes" to filing an immigrant visa? Will that not be a reason for them to deny my H1B visa?
Click to expand...
 
Thanks! Also my lawyer says since my 485 is pending , I must go to India and come back on AP or my 485 will be abandoned. Is that true? Is it safe to go get my H1b stamping in Chennai Consualte and come back on H1B with my 485 pending here?

Please let me know.
 
You can use your H1 if you had one before and were still with the same employer, but applying for a new H1 could be a problem, considering the fact that your 485 is pending.

This is a gray area, but if your 485 case is pending, then get an AP and use it instead.

Originally posted by sram1969
Thanks! Also my lawyer says since my 485 is pending , I must go to India and come back on AP or my 485 will be abandoned. Is that true? Is it safe to go get my H1b stamping in Chennai Consualte and come back on H1B with my 485 pending here?

Please let me know.
Click to expand...
 
Originally posted by sai-2367
You can use your H1 if you had one before and were still with the same employer, but applying for a new H1 could be a problem, considering the fact that your 485 is pending. This is a gray area....
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This is not a grey area. The INA specifically forbids consular officers from denying H and L visas (and I think O and E, but don't take this as gospel) on the sole grounds of immigrant intent.

Even if it did not do this, how would a new employer be different from the same employer? Either you can get the H or not; who the employer is would be irrelevant.
 
What I meant was very simple:
As long as one maintains his H1 status(H1 not expired and holder not working for any other employer other than sponsoring employer), he can travel outside US and come back with out the need for Ap even after applying for adjustment of status. The person can enter using his non-expired H1 visa.
"By same I meant sponsoring employer"

The reason I call it gray is because, my law firm told me that once you apply for permanent residency, then you should also apply for and use AP even if you have H1. However I have also heard that as long as the H1-B was valid, the H1-B could be used to
travel in and out of the US. I got no definitive answer on it, and it seems like it is at the discretion of the immigration agent at the port of entry as to what he accepts.

Originally posted by TheRealCanadian
This is not a grey area. The INA specifically forbids consular officers from denying H and L visas (and I think O and E, but don't take this as gospel) on the sole grounds of immigrant intent.

Even if it did not do this, how would a new employer be different from the same employer? Either you can get the H or not; who the employer is would be irrelevant.
Click to expand...
 
It might not be that gray after all.
I just saw this rule statement:
The INS has published interim regulations enabling persons who are maintaining valid H1, L1, H4 or L2 status and who have applied for adjustment of status to permanent residence, to travel abroad and reenter the U.S. on their non-immigrant visas rather than needing the advance parole. This new rule takes effect July 1, 1999.
 
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