Please Help! Consular processing for H1B in Canada

I

indi_dude

Registered Users (C)
Hello everyone,
I need some urgent advice, I have an appointment for H1B visa stamping at a canadian consulate. But now I am rethinking my plan of going out of US just to get the Passport stamped because of the risk of visa refusal or a long delay in processing.
I used to be in H1 status with the same employer but my H1 status expired earlier this year. Now I have a new H1 from the same employer for the same job. The reason I am trying to get an H1 stamp now is because I want to apply for an H4 for my spouse.
FYI- I am an I-485 adjustment applicant and awaiting my I-485 decision and I have used Advance Parole in the past to re-enter.

1) Are you aware of any issues that might come up during my CP for H1 in Canada? If there is a delay in processing, what are my options? (I cannot stay in canada more than a couple of days due to my job duties)

2) Do I really need an H1 stamped in my passport in order for my spouse to get an H4 visa?

Thanks in advance.
:eek:
 
Originally posted by indi_dude
Hello everyone,
I need some urgent advice, I have an appointment for H1B visa stamping at a canadian consulate. But now I am rethinking my plan of going out of US just to get the Passport stamped because of the risk of visa refusal or a long delay in processing.
I used to be in H1 status with the same employer but my H1 status expired earlier this year. Now I have a new H1 from the same employer for the same job. The reason I am trying to get an H1 stamp now is because I want to apply for an H4 for my spouse.
FYI- I am an I-485 adjustment applicant and awaiting my I-485 decision and I have used Advance Parole in the past to re-enter.

1) Are you aware of any issues that might come up during my CP for H1 in Canada? If there is a delay in processing, what are my options? (I cannot stay in canada more than a couple of days due to my job duties)

2) Do I really need an H1 stamped in my passport in order for my spouse to get an H4 visa?

Thanks in advance.
:eek:
Click to expand...

Once you use your Advance Parole to enter US, your non immigrant H status is NO LONGER VALID. You are now in Adjustment status. This means that you cannot apply for an H1 visa for yourself or an H4 visa for your spouse. Remember that H4 status is dependent upon principal applicant's valid H1 status. Is your spouse included in your I-485 application? If she is not, then you have a BIG problem. If she is, she should use EAD/AP route to travel and seek employment.

Also you cannot use H1 to work with your employer. You should be using EAD. Please act immediately since this will be considered as unauthorized employment by INS and could jeopardize your I-485 petition. Please check with your immigration attorney ASAP!
 
Thanks for the response...
I had the same doubts before and I consulted couple of attorneys and all of them seem to think that having used an AP should not affect my H1 status. H1 and I-485 adjustee status' can be maintained at the same time.
But I will clarify this yet another time with a different attorney. After your response, I am getting a little apprehensive.

Thanks again and stay tuned for the response I get from my attorney.
 
As far as I know, As long as you dont use EAD, you will be able to use H1 and get H4 for your spouse. But, Act fast and bring your spouse, before they process your 485. I think in 1999/2000, Bunch of people in california applied for 485 and wanted to get married few months later, but to everyone's surprise it was processed in 3-6 months and they ran into trouble bringing their wives. Currently its taking a lot of time to process 485 (~2 years), but dont wait around thinking you have plenty of time.
I am not sure if you need H1 stamping, to get H4. May be you can search in this forum to find out or ask your attorney.
 
I talked to my attorney and this is what I got-

"You can maintain H1 status as long as your I-485 is not approved. This is because H1 is a dual intent status/visa. You can maintain this status as long as you dont become an immigrant. In addition, strictly by law, you do not need to have an H1 stamped in passport to apply for H4 for spouse." However, Visa requirements differ a little from consulate to consulate. The specific consulate I am applying at, they have asked me to show the visa stamp in passport in order to apply for H4. I guess it's consular discretion to ask for additional information.

In any case, wish me good luck. I have heard from a lot of people about the risks of applying for a visa in Canada especially when I am a TCN and an I-485 adjustee awaiting decision.

Thanks Canon and to all who responded.
 
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