Travel to India: I-485 pending, Long wait to AP, H1>H4 StampinCanada/Mex… How Risky?

[Naaz]

Hi:

Need to travel to India 1st week of August 2004 for my brother’s wedding.
Was on H1-B (with stamp in passport) until recently, now home with our baby daughter as my new boss. H-4 approved (I-797 notice) extended to the period based on my husband’s Seventh Year H1-B. I have my I-485 pending on derivative status from husband.

Went to Local INS office (Tampa) to request for AP from local office about 20 days after Advance Parole applied at TSC for both of us: Receipt Date: 3/12/2004, Notice Date: 3/15/2004: Estimated time of adjudication: 220 to 250 days. Refused. (Reason: Directive that AP be issued from Local offices only in case of death/ serious illness in the family, also added that if a considerable time has elapsed since the time of application.)

One Option for me is to apply for H4 as a TCN at Canada/Mexico. How advisable is this? If H1-B is refused what are the implications? Between Canada & Mexica which is a better shot.

Will I be able to get back into the U.S?

I don’t want to be put in a position that I get stuck in Canada with my daughter possibly for weeks or months (security check?).Is it better to try in India itself?

Also have a new passport issued,my last visa is in the old passport. I am hoping this should not be a problem

What would be the status of my AP & I-485? Any advice/Suggestions would be much appreciated. I am trying to weigh my options here..

Thanks for your time.

 

[jaxen2]

India will be a better option (unless you are not eligible for drop box and you have to apply at chennai consulate). So try getting an appoinitment for dropbox in ttsvisas.com (you can choose not to hit the submit button in the last screen).

If you have a previous H4 stamp in the passport (even old) Canada will not be a problem. If US consulate denies H4, contingency plan will have to be going to India. Tijuana is always better.

Your getting H4 stamp will not affect AP/485

 

[reval_wait]

naaz

based on the information that you provided you will not be eligible for drop box at chennai since they expect the visa to be of the same classification as what you are seeking to be eligible and which has expired less than a year ago. Ironically if you were to try for H1 (if you had a approval...etc) you will be eligible for drop box (if the visa didn't expire more than a year ago)

This doesn't necessarily mean anything bad but thought will let you know so that you are not taken by surprise..

reval_wait