H1 Visa stamping - W2 and dependent issues- JIM/JAXEN Help

S

sdeva

Registered Users (C)
I need to get visa validated as its expired 2 yrs ago and i need to travel(India) . As the current situation in chennai consulate
is very strict in handling visa validations.I am looking for options


1. Go with my current employer(small company but no fraud related issues) and get the visa validated after collecting all the required information consulate is asking in chennai.(i have pay stubs from 7/1/03 - tilldate. and maintained pay stubs since 10 months with last company as well)
2. Get my wife's h4 visa revalidated first before even i visit india and try later based on the result.((what if my wife's H4 visa gets rejected..can she be allowed to attempt again ?)
3. Get my h1 visa at Otawa,Canada or other Canada or mexico consulates and then visit India (what if they refuse and i land up in Inida)
4. Wait for the I-485 to be submitted and travel on AP
(I am doing my GC process from a company i am not yet working and still in the Labor process, Is it better to wait and work with this company and travel after AP approval)

My wife is in India and is going to deliver a child in couple of days..
I need to validate their visas as well.

Since i was without pay stubs(during my H1 transfer ) last year (2002) (abt 6 months) (my w2 shows abt 70 % of LCA) i am anticipating some issues at Chennai and
wanted to opt the safest route possible.

Any advice/help is appreciated..


Thanks
Sdeva
 
My Opinion
Safe: Do dependents' H4 first
Safer: Do your H1 in canada , since it is renewal
Safest: Apply for AP for all three (assuming your wife already had a H4). You can apply for AP when the applicants are outside US.
 
Hi Jaxen,
Thanks for the advice..
With AP option both (my wife and kid) need not have valid visa in the passport ..? (they cannot travel to US untill they get AP approved..? or atleast H4 approved)

If i apply for their AP here(in US) do i need to bring them on I-824 ..? I thought i need to submit their 485/AP/EAD when they are physically present here.

Please clarify

Thanks
Sdeva
 
oops, sorry, yes AP is not an option. I had assumed that the I485 has been filed for the newborn! Dummy.

Try dependents' visa first(after child birth, passport etc.), concurrently can try canada but would advise waiting for h4 decision and finally Indian consulate for h1 and H4(No problem with H4 reapplication)

Maybe you also need to convince your wife about waiting things out.
I have to make this personal comment. Of course I dont know what the situation was, but if you had sent your wife for delivery to India, then I would not rate you as a human being. Sorry for the digression though.
 
Jaxen,
Thanks for the advice..I will try to get H4's first and then decide on my H1..

thanks
Satish
 
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