H1B expiring by the time I am coming back after CP interview

A

amiteshks

Registered Users (C)
Hi,
My CP interview is scheduled in late September, and I plan to come back on October 10th. However my current H1B is expiring on October 1st.

Do I have to worry about H1B not valid when I am coming back? or, is it because US consulate will stamp the Immigrant Visa, I can still travel to the US on this Immigrant Visa?

Pls let me know. Any help will be appreciated.

Thanks
Amit
 
If GC is granted, your H1B visa stamp would be cancelled and a new IV stamp would be placed on your passport. Until you enter into US from that stage you don't have any status w.r.t US. On entry you would be stamped on your passport with I-551 stamp which makes you a GC holder and that stamp is your temporary GC for 1 full year.
 
Thanks for the response. Really appreciate your help.

One more set of questions:

1. Does the consulate puts an immigrant visa stamp in the passport?
2. Somewhere I read that there is no stamping done in the passport? If so, do I need to present additional docs at the outbound airport (e.g., Bombay) [since there will be no valid visa on the passport anymore]?

I know these questions may sound silly - am just trying to puts the pieces together so that I have all the docs when I go for the interview.

Thanks,
Amit
 
Not to worry, you will have your immigrant visa stamped in your passport and the consulate will also give you a packet to present to the authorities at the port of entry. You will be all set.
 
Need Help To Tranfer Case From I-485 To Cp

Hi

I need your suggestion and recommendation for following situation
I am canadian permanent resident working in USA on H1. I have applied I-485 in July 2007
my PD is June 2005 EB-3 CATEGORY and I-140 was approved in year 2005.

1. it is my wish to be stay in canada and get citizenship and meanwhile to transfer my case for
consular processing through NVC .my lawyer is insisting me to stay in this country and work on EAD for
2 to 3 yrs and you will get green card.my intention is to get canadian citizenship.so my questions are as follows

2.What are the steps to transfer the case from I-485 to Consular processing.my lawyer is charging me around $2000-2200 dollars for
this process and i want to do it by myself.

3. I have receipt Notice for I-765 and I-485 and done my medical at the time of submission of my case

Please advise

waiting for reply
your co-operation and response will be appreciated!

Thanks































amiteshks said:
Thanks for the response. Really appreciate your help.

One more set of questions:

1. Does the consulate puts an immigrant visa stamp in the passport?
2. Somewhere I read that there is no stamping done in the passport? If so, do I need to present additional docs at the outbound airport (e.g., Bombay) [since there will be no valid visa on the passport anymore]?

I know these questions may sound silly - am just trying to puts the pieces together so that I have all the docs when I go for the interview.

Thanks,
Amit
Click to expand...
 
The process of changing from AOS to CP is more difficult, but it is possible, if needed. In such cases, it is necessary to file Form I-824, Application for Action on Approved Petition, after the I-140 is approved. This notifies the USCIS to transfer the file to the consulate. While I-824 processing times have improved, historically they have taken a very long time. It is sometimes possible to process a CP case prior to the I-824 approval (as an attorney-certified I-140 case), but this is not available for all cases.
 
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