Please help gurus <H1-->AP-->Marriage>

S

Sahin

Registered Users (C)
Hello Jaxen and other gurus,

I know you guys have already answer this question, yet I want to make sure once again and want to get peace of mind. Please help:

I am now on H1B and never had H1b VISA stamp as the way I am converted from F1 to H1. My I-140 and I-485 has been filed concurrently at Nebraska Service Center today. I did not get married yet, but have been trying for six months. For my country (Bangaldesh) nationals Consulate is taking 6-8 weeks to issue visa, even more. I can not take that much vacation. Now I do not know what to do? My future wife is in back home now.
I know I have cople of limited options:

1) If she can come somehow (F1, B1) to US/Canada/Mexico then we can get married, then she could apply for H4 herself from back home.

2) I can travel with my advanced payrol and apply for H1/H4 after getting married, if they delay beyond my vacation which is the potential, i would come using advanced payrol. I will do Follow-to-join for my spouse once I get my GC. which is not good idea but I dont have choice.

Now my question is:

1) Is other any other way, you could think of?? I can not really wait after december which is the deadline to get married set by her.
2) My lawer give me a fuzzy feelings that once you take the advanced payrol, you are not supposed to apply for H1. The people who already have H1 visa valid, they can travel with that even though they take advanced payrol?? Is this correct. Isn't this ok to apply for H1B1 after taking Advanced payrol. I mean the situation like this:

I will take the AP as a back up and travel back home on december and will apply for H1B1 visa. Can they deny me because I have advanced payrol ? My lawer says they will figure out that you have advanced payrol yet you are here for H1B visa what they wont issue.


You all know why I am struggling to bring her as H4 :) I can add her for AOS right after she comes here, however, not finding a way. Please help, if you can. Any type of suggestions will be appreciated.

Sahin
 
see posts

by mastaan and gctry. They are living examples of people who went back to h1 after using AP(advance Parole) to enter US.

If you already have a h1 approval (because you only talk about getting the visa at the consulate, not getting a h1 approval from INS), you can get the h1 visa stamped here at St.Louis. That way only your wife's departure will be delayed.

Your lawyer is wrong, just because you have AP does not mean that H1 visa will be denied by the consulate.
 
Hello Jaxen <H1-->AP-->Marriage>

Hello Jaxen GURU

I did not understand what did you mean by your text
"you can get the h1 visa stamped here at St.Louis. That way only your wife's departure will be delayed. " Would you please make it clear??

I understand that I will be eligible to apply/get a VISA even though I have advanced payrol. But how can I get VISA from ST. Louis. I did not understand that. I never had H1B before. I had approvel from INS which is valid till 2004. I know that I can revalidate VISA if I have one already of the same type of VISA.
But this is not the case for me. As soon as I will use my AP and will come to states because of VISA delaying for me and my wife, my wife will not be issued visa. At this point she wont be qualified for H4 anymore. Then I wont have anyway other than follow-to-join. Let me know your thoughts, please. It is driving me nut. I do not know why they are taking 8 weeks to issue visa. What H1b holder has 8 weeks vacation?? This is frustrating.
 
Jaxen guru again

Jaxen GURU,

I did some extensive search but did not find the posts posted by mastaan and gctry. Please help if it does not bother u, also read the following


If I continue to work for the same compnay through which my first H1b issued, can this company apply for my H1B again after using my AP what was processed by the same company.


So jaxen If I do like that

1) Get the AP, get married, use AP and come back to US. Dont allow spouse to apply for H4, she will stay back home.

2)I/my company will apply for H1B again to go back from AP to H1.

3) Handed wife the new H1 and ask her to apply for H4.


Jaxen/ Other gurus, are those steps ok?? Can I start proceeding that. I am not sure my company will be cooperative enough to apply for another H1 again or not? However, I can try, if this work well this way. Let me know guys please.

I am confused, I have valid H1b, but I used AP, now I want to go to H1 again. I have to apply again to INS service center for H1B.
How about my H1b that is still valid. Please help.
 
Last edited by a moderator:
calm down

Instead of going nuts you should give more information about your case. I am still not sure what visa you held before h1.

Let me ask you this. Do you have a F1 or a H1 stamp in your passport?
If yes for F1
1. go to Canada and get the H1 stamp and then proceed to your home country

If yes for h1
1. Why dont you apply for revalidation now?
2. You can also apply for revalidation after coming back in AP. That is what GCTRY and Mastaan did. USING AP DOES NOT CANCEL YOUR H1.
 
Hello Jaxen

Jaxen

1) I am H1B right now. However, I never had H1B visa, I think I mentioned that in my posts. I have H1B approval from INS which is valid till 2004.

2) I used to be F1, so I have F1 Visa which is also valid till 2004, but I can not use that. I am no longer student. I graduated, got EAD, got a job and secured H1B. Thus, my status has been changed from F1 to H1.


3) For my country Canada is taking same amount of time as my home country is taking. We need to have additional security background check. I am from Bangladesh. Even though bangladesh is not on those 26 terrorist country, still they are doing security background checking for my country nationals regardless where I am apply from Canada/Mexico/ My home country. This is true and fact. Also, they are accepting our country nationals appointment at third country (Canada/ Mexico) very few. Even if I get appointment there, I will have to wait 6-8 or more weeks to get my H1 visa. They will hold my passport, I can not come back. They change the rule since april 1st that if anybody apply at third country he can not come back without visa. It may be like that if he get denied, he can not come back. But the matters are same.

What I mentioned in three is true. Coupe of my friends has gone through this process. Things are very frustrating. If you go state department web site visa section, you will see about these 6-8 weeks time to process visa, may be more. They can not reduce this time. They need that to check the background. Thats what they mentioned.

Jaxen, if you have more information to give me some advice, please let me know. I will be happy to provide that.
 
Sorry

Only option is follow to join in CP. how about you change your application to consular processing after you come back married?
Then you both will get the green card in bangladesh. Although it does not help you bring your wife now, it will definitely (by using AC140) you can save some time, especially if your service center will take at least 1 year for 485 approval.
 
Hello Jaxen

Hello Jaxen,
That is a good idea brother. I think I will be fine in consular processing as they way I never been out of status, never worked illegaly.

Jaxen, why u suggest me to change my application to consular processing after comming back married. Is it possible to change
I-485 application to consular processing again after getting married. I do not know anything about consular processing. What should I do? I will take advanced payrol, go home, get married, come back and change the application to consular processing?? I do not know the route. Or should I file the consular processing right now. Please give me a complete path to follow which is optimized as far as my condition is concern.


Lets say after getting married, I change my application to consular processing. Since then how long it might take me to face the interview at my consulate with my wife. Please suggest me.
Me frustrated, she is also frustrated. Thinking about leaving this country for good :)

Is there any risk in follow to join besides the pitfall which is time.
NSC says for I-824 they are taking 2 years. Is not this wired??



Take it easy.
 
Jaxen

Hello,
I gathered some information about consular processing. However I am not sure whether US consulate at Dhaka, Bangladesh will accept AC14o or not. I think they donot. They are the only consulate in my country and they are not that updated. I did not find any information about this on net. However, I will call the embassy and ask that. They never reply email. So better not to email.
 
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