travel question

[msun79]

Hi Folks,

Another 'what if' question for the experts.

I am in the US on a H1B and I applied for a family based green card a month ago through my wife. My 7th year H1B extension was just approved - My work green card application is in the process as well.

I would need to get my visa stamped on my passport at the US consulate in my home country in order to return back to the US.

1.) Would the fact that I have two immigrant visa petitions (one each through work and family) pending pose problems with respect to my non immigrant H1B visa interview?

2.) I am not sure when my green card interview would be scheduled and a tad worried that i would have to travel around the same time when the interview might be scheduled. When and how can one reschedule green card interviews? Do I need to wait for the interview letter before I make any travel plans? Would this be a hassle and not worth the pain?

Appreciate your help as always.

 

[Al Southner]

1. Yes and NO. USCIS will transfer all your immigration files to your District Office during the scheduling of your AOS interview based on marriage. USCIS could schedule your interview for green card through marriage, at that time they will close your employment green card because you can't have 2 green cards.

2. You will have to wait for your interview letter to be mailed. It is a bad and risky idea to reschedule green card interview with USCIS, we have tons of cases of people who get screwed by USCIS because they reschedule their interview, only for USCIS to make a mistake in their rescheduling, which results in denial for green card. The green card was denied for "no show" due to reschedule. How long do you intend to travel? You spouse can inform you when the interview is scheduled, provided she is home to get the mail. . USCIS has improved a great deal, you can expect your green card interview to be scheduled within 3-4 months of filing, but since you are in DC, 7-8 months due to a crazy and slow DO...lol!!!

 

[msun79]

Al Southner,

On #1 that information is helpful, I probably would have to indicate to my employer about the family green card at some point. I was planning to do it after I get my family green card approved.

But my question was about my H1B visa interview, which is technically a non-immigrant visa. Would they find grounds to reject because I am technically trying to immigrate. This could be a question for a different forum but would appreciate your input.

On #2, both me and my wife plan to travel together. It's her turn to meet the crazy extended family. We intend to travel for at least 3 weeks but can have some friends keep an eye on our mail. I was hoping for 4 months but it recently dawned upon me that it is wishful thinking.