H1b request pending, EAD in hand, travel abroad, US embassy

L

lubefu

New Member
Hello,

My original H1b has expired and I currently have a pending H1b extension request (university) since April but have to travel abroad in 2 weeks ( traditional wedding). I have received my EAD card through my civil mariage (AP is pending).

I have made an appointment at the US embassy. Can I apply for an H1 based on my EAD card and letter of employment? Should I apply for a different visa?

Thanks for any response
 
You need an approved H1B petition to get an H1B stamp at the embassy.

In addition, leaving the US with neither an approved H1B nor AP could cause your I-485 to be cancelled.

You're stuck in the US until you get the H1B or AP. Otherwise, leaving before having at least one of those will delay and complicate the situation.
 
H1B or F1 best for the situation ?

I am a Sri Lankan student in who is already in USA under OPT. My F1 visa is expired at the moment. I have a plan to go back to Sri lanka in May, get married and come back with my wife after a month. I have 2 options found as below.

Option 1: Found a consultant already who is gonna sponsor for my H1B, process through premium processing, get 1 month off from the job, go back to Sri Lanka and get H1B stamped and apply H4 for my wife at the same time and come back.
If this one works, how my marital status change would affect with the limited time frame

Option 2: Sign up for masters degree, get an I-20 issued, go back to Sri Lanka apply for F1 for me and F2 (Students spouse visa) for my wife with sufficient financial document and come back.

Please help me to find out the best option out of these too considering the risk in visa application rejection/denial and port of entry denial stuff.

Also please let me know if you need more information to suggest the best option.

Thank you
 
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