Should I travel to india or not??

[raj_kumar197420]

My current visa and H1 approval expires Jan/2005. My employer has applied for my 7th year extension in Aug/2004 and I am awaiting for an approval. My I-140(EB2) has been approved in Dec/2004 and I am ready to file my I-485/AP/EAD(I140/I485 concurrent processing was not filed) in the month of Jan/05. I am planning to go to India to attend an event in the month of Feb/2005. Since my visa will be expired by then, I have scheduled an appointment at the Chennai American consulate in March/2005. Will I have any problem getting my H1 visa stamped at the consulate just because by that time I have already filed for I485/AP/EAD or is there any additional information I need to be aware of? Please advise.

 

[TheRealCanadian]

My current visa and H1 approval expires Jan/2005. My employer has applied for my 7th year extension in Aug/2004 and I am awaiting for an approval.

Since my visa will be expired by then, I have scheduled an appointment at the Chennai American consulate in March/2005. Will I have any problem getting my H1 visa stamped at the consulate just because by that time I have already filed for I485/AP/EAD or is there any additional information I need to be aware of?

If the 7th year H1 is not approved yet, on what basis do you expect to get the H-1 stamp? I would strongly suggest you file the I-485/AP/EAD right away, and not leave the US unless either the H1 extension is approved, or the AP is.

 

[raj_kumar197420]

Thanks for your response RC!!

Assuming, I will get the 7th year extension before I leave India and I have applied for I485/EAD/AP by then, will there be any problem if I go for H1 - Visa stamping in India!!

Thanks!!

 

[EricS]

Thanks for your response RC!!

Assuming, I will get the 7th year extension before I leave India and I have applied for I485/EAD/AP by then, will there be any problem if I go for H1 - Visa stamping in India!!

Thanks!!

Assuming the above, filing 485/EAD/AP will not create any problem for your H1 stamping. H1 holder can have an intent to get a GC.
That said, you should also consider other factors that may cause problems in you H1 stamping. You may already be aware of these, if not then read the dedicated threads on H1 stamping in India and other countries.