questions for your guys, please help!

vsc485485

Registered Users (C)
Guys,
Saw my previous posts to get answer why I need to do so....

Anyway, I filed 485 on 1999, changed job on 2000, currentl using EAD to work...
I am in process to do an H1 through my new employer since I got an RFE and not sure what is going to happen next...

I am just off phone with HR pwrson in company.. she said that I am falling into the category outside US since I do not have any visa status now and on 485 pending.. and once my H1B gets approved , I will have to go out country to get a visa.

I got really confused now... Can someone give me an explanation over this..

Thanks!
 
No Title

She\'s right. Once on EAD, you do not have a H1 status and to get back into H1 status (this falls under change of Visa status), you have to attend an interview outside US.
 
No Title

Thanks for the info...
I am still a bit confused...
since I have to go out of country to attend an interview, then what kind of thing they have to do here in US now?
I got impression from HR that they have to file an an H1 application here and once that has got approved, at that point I will go to Canada to attend interview...
Another question, supposed that I go out of country for a interview , what is the chance that they will deny my visa?
Should I have an AP on hand in order to go there? or other solutions?

Thanks!
 
No Title

1. They are basically applying for a new H1 (since change of status from EAD to H1). Hence any change of status needs a consulate interview and consulates are always outside US. Mind you, you need a Canadian Visa to go to Canada or visa for anycountry you plan to visit. I only recommend Canada first or Mexico second because only these countries have NAFTA agreements with US and in case if something happens in the interviw, US will still allow you to comeback.
For canadian visitor visa, you might want to go for Multiple entry (you may be visiting once again for Multiple entry H1 and this visa will come handy for multiple visits). You need 4 photographs and $80 (I think) fee and the canadian consulate is open 8:30 to 11:00am.
They have websites as well which will latest and greatest information.

2. The chances of denial are slim and either way you don\'t have a choice but to visit the consulate. Hence, relax and don\'t worry.

3. Take each and every immigration document in an organized manner that you have with you so that you can present to Immigration officer on demand.

best of luck and keep us posted.
BK
 
No Title

Thanks for the explanation!
I just started H1 application now. I think that it is going to be 3 months from now for me to go Canada to get interviewed.
I will definitely keep your guys posted if Ido need to go to there.

Thanks again and good day!
 
Top