Please help with the decision!

P

partagas

Registered Users (C)
Dear experts in this forum,

My wife is expecting to get her LC certified in September 05 through PERM. We are debating which route to take, AOS or Consular. Here is the situation:

In March 2003, I was laid off from company A and it took me 3 months to find a new job. I had a valid visa at the time I sat at home. I found a job in May 2003 and at the end of 2003 since my first 3 years on H1B finished I needed to get the extension for the 2nd 3-year term. The lawyer told me to answer "yes" to the question whre it asks if I have ever violated my visa terms (because of the time I sat at home). He wrote an explanation and I sent the package to Dept. of State. Without any further questions or any problems I got the extension for the 2nd 3-year term in my H1B visa.

If we choose to go with the consular processing instead of AOS, do you think this might create problem at the consulate?

Appreciate your inputs. THANKS!
 
Better go with AOS

All your efforts will go down the drain if you do not act wisely. Better late than never.

partagas said:
Dear experts in this forum,

My wife is expecting to get her LC certified in September 05 through PERM. We are debating which route to take, AOS or Consular. Here is the situation:

In March 2003, I was laid off from company A and it took me 3 months to find a new job. I had a valid visa at the time I sat at home. I found a job in May 2003 and at the end of 2003 since my first 3 years on H1B finished I needed to get the extension for the 2nd 3-year term. The lawyer told me to answer "yes" to the question whre it asks if I have ever violated my visa terms (because of the time I sat at home). He wrote an explanation and I sent the package to Dept. of State. Without any further questions or any problems I got the extension for the 2nd 3-year term in my H1B visa.

If we choose to go with the consular processing instead of AOS, do you think this might create problem at the consulate?

Appreciate your inputs. THANKS!
Click to expand...
 
partagas said:
Dear experts in this forum,

My wife is expecting to get her LC certified in September 05 through PERM. We are debating which route to take, AOS or Consular. Here is the situation:

In March 2003, I was laid off from company A and it took me 3 months to find a new job. I had a valid visa at the time I sat at home. I found a job in May 2003 and at the end of 2003 since my first 3 years on H1B finished I needed to get the extension for the 2nd 3-year term. The lawyer told me to answer "yes" to the question whre it asks if I have ever violated my visa terms (because of the time I sat at home). He wrote an explanation and I sent the package to Dept. of State. Without any further questions or any problems I got the extension for the 2nd 3-year term in my H1B visa.

If we choose to go with the consular processing instead of AOS, do you think this might create problem at the consulate?

Appreciate your inputs. THANKS!
Click to expand...

In your situation I would play safe and go for AOS.
 
If you were on valid visa when you sat at home for 3 months, then how come you violated visa? Here valid visa means are you referring to previous H1B visa? or did you change your status like H4, B1, F2 or similar?

partagas said:
Dear experts in this forum,

In March 2003, I was laid off from company A and it took me 3 months to find a new job. I had a valid visa at the time I sat at home. I found a job in May 2003 and at the end of 2003 since my first 3 years on H1B finished I needed to get the extension for the 2nd 3-year term. The lawyer told me to answer "yes" to the question whre it asks if I have ever violated my visa terms (because of the time I sat at home).
Appreciate your inputs. THANKS!
Click to expand...
 
kewl said:
If you were on valid visa when you sat at home for 3 months, then how come you violated visa? Here valid visa means are you referring to previous H1B visa? or did you change your status like H4, B1, F2 or similar?
Click to expand...

H1 visa is valid when you have valid job along with pay stub.

Why INS ask for recent pay stub to transfer and renew H1?

If you are laid off and transfering your H1 to a different sponser with in a month makes you out of status. (Here previous company fired you)



 
My wife had the same issue as you have. Last year we were at Chennai consulate for H1b stamping. The visa offer figured from the W2 that my wife may have been on bench without pay for a while in the year 2002. [The annual wages on the W2 was less than the figure in the LCA].She had to answer a zillion questions. She did get the H1b stamping but had to go thro some real mental tension.
In your case , I would not take chances. I have heard from a friend of mine who went in for consular processing having a interview for 45mins. every little detail of his stay in the US was closely questioned. May have been an exception.....but its better not to take chances.
 
Consular

I got the visa stamp though (through revalidation) without any problems and since then I went abroad 3 times again without any problems.
 
You must log in or register to reply here.
Top