Help Help Help!!!

M

M.N. Ahmed

New Member
Hi all.. Thank you for your advise in Advance!

I came to the U.S on F1. My F1 expired in early (March) 2000. But I had filed for my OPT before the expiry. So I was still in status. My OPT expired in early Feb 2001. But I had applied for H1 about couple of months before that I got my approval after my OPT was expired. Now I have my approval valid until 2004. Its been over an year since I got my H1 approval but I don\'t have the stamping yet on my passport. The last stamp I have is my F1 visa which expired in March 2000. But I have never been out of status at all.

I planned on getting my H1 stamped in Canada but cancelled it on a buddies advice (According to his lawyer). I was told that If they refuse or reject in Canada, then I will not be able to enter the U.S. on my Approval notice alone. And that the will ask me to go to India (My home country) to get the stamping.

My questions:

1. Will it be a problem in India to have the stamping done. ( Although I have finished all my MS courses, I have not yet finished my master\'s thesis)

2. Will there be any reason that will substantiate a rejection (Other than the fact that I\'m an Indian and a Muslim!).

3. If my visa stamping is rejected. Then what are the implications. (It will be a mess at my work here, I\'m working on multiple projects and I will have to take care of the house/car/bills etc.,)

4. My company suggested that I should apply for green card. Can one apply for a green card before I have a visa stamping? The printed visa on my Passport being expired in 2000.

Please advise and thank you all once again for your replies.
 
Stamping in PP

Hi,

Stamping is not at all an issue in the PP. That is only to enter US. As long as you dont go out of US, it should not pose a problem. But if the stamping is not expired for more than a year, you can send that to Dept of State at St.louis for stamping. But that is waste. Because they will give only single entry. you need multiple entry stamping to enter US. Anyway you see, you have to get the stamping in India only. You an start GC processing. Stamping is not an issue for GC processing. In India, i have no idea how that Chennai people will be. Sometimes they are crazy.
 
Its not H1 reneval

Hi Ravi

Thanx for the reply.

See, this is not an issue of renewal. I was told sending it to St.louis is only for renewal. This is change from F1 to H1B stamping. Although I was never out of status. The actual stamping in my PP is expired way back in 2000.

I have my OPT card (and application time preriod )and the H1B approval notice (and application time period) to prove that that I was never out of status. My F1 I-94 says D/S (duration of status) and so does my H1B approval notice.

I was told that since my actual F1 stamping is expired more than 2 years back, I have to go to India (chennai) to have the stamping of my H1B visa. As long as I remain in the U.S I\'m safe but its been a long time since I visted India and a little home sick so I thought I would visit India and also get my stamping.

I\'m not sure how the acceptance rate is after 911. To top that I have not finished my degree (project work is imcomplete, although I have finished all my course work with good GPA).

Thank you once again.

- Pong
 
No Title

I have the exact same problem. I have finished my course-work, and working on my MS thesis, but am currently on H1 status. I\'m thinking of postponing my visit to India by a few months, atleast until the time I get my degree.
Anyone else been in the same situation? Would love to hear your experience. Thanks

P.S. Feeling extremly homesick, hence wanted to go to India, but that might have to wait a bit I guess :-(
 
Guys.........have paitence and faith....

Dont get panicky guys.
WE all are feeling home sick and what not.

Get that degree somehow to make ur case a lot stronger.
I am not a lawyer or something but I have been around this forum for a long time and have read gurus like Jim and others.
My guess is u all will be ok...and be back...!!
:)
Kiyakaroon?
 
Be careful

I am not being pessimist but advise to be very careful in handling situations like this. My best advise is to bring your parents here for few months and get your Green card process started as soon as possible.

--A Friend
 
regarding H1 visa

You can still enter USA if they reject in Canada/Mexico? I am 100% positive that your visa will be issued. Have faith and Good Luck. You dont get rejected or approved for being any caste. Juraez(Mexico) is the best place as you dont waste time and the sucess rate is very high. You will have problem only if your extension of stay was rejected in your Work petition. This happens if you went out of Status and INS came to know about it. So dont worry
 
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