H1 stamping questions, Please help

V

venkatsri

Registered Users (C)
Hi friends,

I am going for H1 stamping at chennai consulate on Dec 23rd. what about this scenario will happen,

1.If my application for H1 visa is denied or refused under 221(g), can I still re-enter using my AP?

2.Is it possible will they(consulate) hold the passport?

3.Is it more advisable to not apply for H1-B Visa at the consulate and just come back using AP?

Can anyone please share your thoughts,

Thanks,

VKT
 
I am going for H1 stamping at Chennai consulate on Dec 23rd. what about this scenario will happen,

1.If my application for H1 visa is denied or refused under 221(g), can I still re-enter using my AP?
---YES, you can enter with AP
2.Is it possible will they (consulate) hold the passport?
---- NO, it is not US property it belongs to you or government of India, they cannot keep the passport, you may have to visit other countries and you need your passport for that. They can only refuse visa and cant take your passport
3.Is it more advisable to not apply for H1-B Visa at the consulate and just come back using AP?
----- Depends on what is your situation and why you want H1b visa sticker, if any issues related to LCA wages by employer better use AP, entering on AP does not invalidate your H1 status if you are working on H1 who sponsored your latest H1, you can also extend H1 after entering on AP only condition you should have NOT used EAD
 
140 pending

my I-140 still pending. Will it make any problem while entering thro AP. For a safer side i am planning to apply for h1 visa stamping at chennai consulate incase my 140 is denied at that time of entry.

VKT
 
My I-140 still pending. Will it make any problem while entering thro AP.
---- NO problem, if I-140 is NOT denied before you enter on AP, you can check your I-140 status on BCIS online status just punch your I-140 receipt # before departure to US. Normally before denying I-140 USCIS sends RFE to employer and they give time to reply RFE
For a safer side I am planning to apply for h1 visa stamping at Chennai consulate incase my 140 is denied at that time of entry.
------ Then apply H1 stamp
 
ginnu,
In reference to your response above your answer is appreciated to my question.

How does someone know if they are using their EAD or H-1. Assuming a person has a H-1 and EAD from the current employer how does can that person be associated to be using a H-1 or EAD? I assume H-1 status is gone once EAD is used? Can a person use AP on H-1 and still sponsor his wife for a H-4?

TIA
 
How does someone know if they are using their EAD or H-1.
---Don’t you know if you are using H1 or EAD?

Assuming a person has a H-1 and EAD from the current employer how does can that person be associated to be using a H-1 or EAD?
-----I could not understand you equation, make it clear or write your correct situation according to steps

I assume H-1 status is gone once EAD is used?
----- If H1holder uses EAD he is no more on H1 status
Can a person use AP on H-1 and still sponsor his wife for a H-4?
----- Person can enter on AP and can maintain H1 status if working for the same employer who filed his latest H1 and after entering on AP you can also extend your H1. Spouse needs valid H1 approval notice with all other requires papers to get H4 visa. I don’t know your situation
 
revalidating after 1 year expiry

Hi All,
My old visa expired Dec 14th 2002. I just sent my documents to ST. LOUIS on 12/02/2003.
I am worried about the clause **" refusal based on more than one year after the expiration of the previous visa" **

Does any one have similar experience? Do they consider me as "past 1 year" or "with in 1 year" as i sent it before 14 dec 2003?

Are they very strict on this?

Any help greatly appreciated.
 
They are strict about the 1 yr expiry. I think their system will not allow them to issue a visa if 1 year has past. The date recd at St. Louis is not the date they consider to have received. The DC date is the actual receipt date. Though the SD site says it takes 10 days to reach from St. Louis to DC it can normally take anywhere between 10-35 days. Mine reached in 15 days and i considered it pretty quick having seen posts where it reached the DC office more than 30 days later.

Call DC after 10 days and verify if they have recd it.
Good Luck
 
pashwin ....

See Inline....

How does someone know if they are using their EAD or H-1. Assuming a person has a H-1 and EAD from the current employer how does can that person be associated to be using a H-1 or EAD?
You can have both H1 and EAD at the same time. If the company who sponsered your GC is the same company (H1 sponser), you will be considered using EAD if H1 expired otherwise you are on H1. If you are working for someone other then H1 sponser, you are using EAD.

I assume H-1 status is gone once EAD is used?
Already answered by ginnu

Can a person use AP on H-1 and still sponsor his wife for a H-4?
Already answered by ginnu
 
You must log in or register to reply here.
Top