H1 revalidation and AP same time

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programmer76

Registered Users (C)
Hi ,

I got married last month and now I've applied for my H1 visa stamp from ST. Luis. I've also applied for my Greencard and my labor certification is approved. My wife is in India and I want to bring my wife to USA as soon as possible. I know that H1 revalidation takes approximately 4 months. In case my H1 revalidation is not approved, I will immediately travel outside usa and get my H1 visa stamped from India or canada. Questions i've are...



(1) when I sent my passport for revalidation the form DS 156 has question " did any one filed an immigrant visa petition on your behalf" i answered that question "NO" because at that time i didnt apply for I 140 and I 485. Now do i have to wait for 4 months before submitting my I 140 until my H1 revalidation get approved?I'm worried that if i apply I 140 now they might think of a Fraud? I never lied because the date when i sent my documents i hadn't filed my I 140 and that's why I said NO to that question.

(3) Does H1 revalidation and Advance payroll goes to the same place in BCIS? Will they know while evaluating my H1B revalidation case that i've also applied for advance payroll? I am thinking about applying for advance payroll tomorrow so that just in case if my H1B visa is not revalidated I will have my AP in my hands when i go outside of US to get the H1 stamp in my passport. Is this advisable?

Please help me out.
 
I got married last month and now I've applied for my H1 visa stamp from ST. Luis. I've also applied for my Green card and my labor certification is approved. My wife is in India and I want to bring my wife to USA as soon as possible. I know that H1 revalidation takes approximately 4 months. In case my H1 revalidation is not approved, I will immediately travel outside usa and get my H1 visa stamped from India or canada. Questions i've are...

---- if not revalidated by DOS in USA then better get H1 stamp from India

(1) when I sent my passport for revalidation the form DS 156 has question " did any one filed an immigrant visa petition on your behalf" i answered that question "NO" because at that time i didnt apply for I 140 and I 485.
---- that was the correct answer at that date becae employer did not file I-140 before that date
Now do I have to wait for 4 months before submitting my I 140 until my H1 revalidation get approved?
----- Your employer can file I-140 now and you file I-485, EAD AP you don’t have to wait for return of your passport from DOS (remember you need the I-94 copy(both the sides to file I-485 and your copy of your passport pages and I hope you have copy of the PP and I-94 (both the sides) talk to your lawyer what he needs
I'm worried that if i apply I 140 now they might think of a Fraud?
---- no it is not fraud, employer files the I-140 not YOU. Employer can file I-140 even if the person is out of US
I never lied because the date when i sent my documents i hadn't filed my I 140 and that's why I said NO to that question.
----- You are OK relax !!
(3) Does H1 revalidation and Advance payroll goes to the same place in BCIS?
AP, EAD application is filed with same service center where your I-485 is filed or pending
Will they know while evaluating my H1B revalidation case that I’ve also applied for advance payroll?
----- H1 Visa revalidation is done by DOS ( department of State Washington DC) I-140, Ead AP and I-485 are filed with USCIS. They don’t know both are different agencies. Even if they know it is not a problem
I am thinking about applying for advance payroll tomorrow so that just in case if my H1B visa is not revalidated I will have my AP in my hands when I go outside of US to get the H1 stamp in my passport. Is this advisable?
---- you can apply AP and EAD if I-485 is filed, H1 revalidation or H1Visa stamp has nothing to do with sending AP, AP, EAD are based on pending I-485
 
Thank you very Ginnu for your reply. Even so called professional lawyers might not have this much knowledge on these immigration issues like you have. I will follow you suggestion and apply for my I 140 now without waiting 4 months for my revalidation.

After reading your answers I have following concerns.

(1) I'm not going to file my I 485 yet because my lawyer from the company is asking me to wait until my wife comes to usa and then he will apply for both of our I 485 together. I am only going to file my I 140 next week. Can I file for EAD and AP with it as well? Or do I have to file I 485 to apply for EAD and AP?

(2) Is there any limit on getting the EAD and AP? I mean how many times will the immigration department renew my EAD and AP in future? These days green card cases might go for few years...Is there any limit?

(3)After I get my EAD card and still waiting for my green card is there any restriction on kind of job I can do? Can I work in Gas station/ Grocery store /any Odd jobs not related to my computer field using my EAD Card?

(4) My green card is filed as a future employer with a consulting company. My H1 is with another company. When do I have to join this consulting company? Is there any particular time? Or can I wait and join them after I get my green card in my hands? I've heard that lot of times people get queries in I 485 in which they are asked for their pay stub.
 
Ginnu,

Regarding this suggestion...

---- if not revalidated by DOS in USA then better get H1 stamp from India

From your point of view doing in India is better than from doing it in canada? I'm a canadian PR. Does that help in doing revalidation from Canada?
 
Hi Ginnu,

So from your opinion if I go out of USA to get stamp and if i have to choose between either india or canada then I should choose canada because i'm a canadian PR. Am I right?
 
Yes, if denied Visa stamp in Canada be ready to go directly to India from Canada you will not be allowed to enter USA from Canada if Visa applied and got rejected in Canada
 
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