Non-Immigrant: VISTOR VISA issue

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believe_in_self

Registered Users (C)
Sorry for posting Non-Immigrant post here. But I thought I will get maximum information at this place.

Here is the situation.

1. Expecting a Baby in January.
2. Mother was going to appear for VISA this week.
3. My current status.
* Working on H1 - VISA extension not stamped in passport.
* Agent says VISA in passport is necessary only I-797 won't work for getting visitor VISA for mother.
* I-140/I-485 applied in February 2003. I have a valid EAD. (not using it)

I am considering following options for the quickest possibel turn-around of the issue - so that mother can be called in time.

1. Go to Canada and get stamping. - Do they still do it?
2. Instead of using my VISA for my mother's VISA, use AOS and EAD. (As you know I am not using it - can this pose any risks?)
3. Make a quick India visit for a week and get stamping there - can I get stamping within a week in India?

Please help me here - early responses appreciated.

regards,
believe_in_self
 
If you can wait till January (1st week) you can send your passport to washington . Otherwise you might have to go back to the home country to get it stamped. It takes about 10 weeks. I got it in 8 weeks.
Here is the link to send it for revalidation to Washington. Other than Chennai, the other centers are quick.

Originally posted by believe_in_self
Sorry for posting Non-Immigrant post here. But I thought I will get maximum information at this place.

Here is the situation.

1. Expecting a Baby in January.
2. Mother was going to appear for VISA this week.
3. My current status.
* Working on H1 - VISA extension not stamped in passport.
* Agent says VISA in passport is necessary only I-797 won't work for getting visitor VISA for mother.
* I-140/I-485 applied in February 2003. I have a valid EAD. (not using it)

I am considering following options for the quickest possibel turn-around of the issue - so that mother can be called in time.

1. Go to Canada and get stamping. - Do they still do it?
2. Instead of using my VISA for my mother's VISA, use AOS and EAD. (As you know I am not using it - can this pose any risks?)
3. Make a quick India visit for a week and get stamping there - can I get stamping within a week in India?

Please help me here - early responses appreciated.

regards,
believe_in_self
Click to expand...
 
I don't think stamped visa is required

My husband changed his status from F1 to H1 and he does not have H1B stamped on the passport. This year he sponsored both my parents and his parents..all four of them got visas without a problem. Infact my parents got 10 year visa (all four of them are travelling for the first time)
 
Re: I don't think stamped visa is required

Even I think so. Are you going through agency?
Just for information purpose
Almost One and half years before one of my friend went through some agency in India. Agency person did not have idea I-94. Finally my friend did on his own. He was telling he wasted almost $200 for phone to that agent.
 
ZeusChicago - Was the initial F1 stamp still valid on the passport

ZeusChicago,

Thanks for your response.

Was your husband's F1 VISA stamp on the passport still valid at the time his parents applied for visitors' VISA?

tammy2,

My parents are using agent only to get the papers checked and fill up the forms. Otherwise they are going directly to the consulate.
 
AGENT IS WRONG

I called my parents this year in March and my visa was expired in January, I still sent the I-797 (Copy) and they got 10 year visa without any problem.

You need visa only when you want to enter the country, if you are in US I-797 document is as legal as Visa.

Tell your parents to take as many documents as they can because these days they are rejecting visa a lot and also they are giving visas for very less duration. Ask them to ask for visa for 6 months.

On the other hand all the advices to you could prove useless since this whole thing depends on the person who will be interviewing them. I don't think it's a good idea for you to make a trip to India for a week leaving your pregnant wife behind.

I don't think you will have ANY issues if you send I-797 and you send all other documents. This is my personal view.
 
No his F1 wasn't valid

No he has been working for 2.5 years now (1 year on F1 EAD)..so F1 isn't valid anymore

He also has EAD (485 pending). But he didn't mention it (as he is working on h1B not using EAD).

Besides you are showing I-797 and a letter from your employer saying that you are employed. How does it matter if you have your H1B stamped or not.

We followed the instructions on this web site http://www.immihelp.com/visas/visitor/index.html. We didn't do anything more than what is mentioned on this web site.
 
Last edited by a moderator:
Thanks to all

Thank you all for your reply,

I also subscribe to your views. But I did not want to take any chance so posted here for confirmation.

I have sent I-134 and all other required documents. My mother is going to try this Thursday with I-197 only. I will wait with my fingers crossed.

Just like with our applications here - its hard to predict in VISITOR VISA cases. Wish me luck.

regards,
 
You don't need a visa. The agent who told is an idiot. All you need to send is photocopy of H-1B approval along with I-94, with other documents.
 
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