H1 extension & H4 while I 485 pending

[comerhop]

Hi,
I already have application pending in I 485 (Green card).
My H1 is expiring in Feb and i do have a 3 year H1 extension approved.
I am going to India this Dec and plan to get my H1 extension stamped at the US consulate in Mumbai.
My lawyer suggested that it is a bit risky to get it stamped from India bcos i have a pending I 485 application, hence an intent to immigrate.
May be they ask this question (intent to immigrate) in one of the forms over there.

SHe suggested to get it stamped from Washington. But it takes around 6 month here.
I might get married in Dec.
So the question is if my spouse goes to get H4 alone, can she show my H1 extension approval (I 797) or do i need to have the new stamp for her to show it.
I might get back in Jan alone bcos i current H1 is valid till Feb.

Thx

 

[ginnu]

Hi,
I already have application pending in I 485.
My H1 is expiring in Feb and i do have a 3 year H1 extension approved.
I am going to India this Dec and plan to get my H1 extension stamped at the US consulate in Mumbai.
My lawyer suggested that it is a bit risky to get it stamped from India bcos i have a pending I 485 application, hence an intent to immigrate.

----- Your lawyer is an idiot, H,L O visa have dual intent, one can have an immigrant intent and at the same time one can have nonimmigrant intent. One can have I-485 pending and can get H1 visa stamped and can also get H1 extension filed also 7th year H1 extension filed. Change your lawyer he/she does not know basic question. Would you be kind enough to post the name of that particular Lawyer or liar or email Id, phone # so that others can stay away from him/her.
May be they ask this question (intent to immigrate) in one of the forms over there.
------ They will not ask any question regarding pending I-485, many have I-485 pending and getting H1 extensions and H1b visa stamps from DOS or from consulates
SHe suggested to get it stamped from Washington. But it takes around 6 month

here.

----- From DC you may get H1b stamped and it takes around 3 months to get your passport back from the date you send the PP, many try to Revalidate the visa stamp in US due to delay by consulates particularly Chennai consulate in India.

I might get married in Dec.
So the question is if my spouse goes to get H4 alone, can she show my H1 extension approval (I 797) or do I need to have the new stamp for her to show it.

------ she can get H4 visa stamp based on your H1 approval notice and with other required documents
I might get back in Jan alone bcos i current H1 is valid till Feb.
----- if you have valid visa stamp in passport till Feb 2004 then be back before Visa expires AND show your passport visa AND H1 approval notice at POE and you will get New I-94 till the validity of H1 approval notice