Visa revalidation in St.Louis - URGENT

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bmt74

Registered Users (C)
am working on my H1B visa. My passport still has my previous employer's stamping and it is valid until Dec '03. The current employer's I-797 is valid until Dec '04. But I got laid off from my previous company and they cancelled my visa .M y current employer filed for H1 within 30 days hence I was not out of status.

I am planning a trip to India this Dec or Jan'04. I just want to make sure I can re-enter the US without any problems. I know I should have the current employer's stamping when I re-enter the US. I am afraid I would not have enough time to do the stamping while I am in India. so I thought I could send the passport to St.Louis now.


My questions are:

1) I know I can send the passport to St.Louis for stamping only 3 months before the visa expiration date. Can I go ahead and send my passport ?. Will there be any problem as my previous H1 was cancelled ?.

2)My GC is in process. My labor got cleared, now I am going to apply I-140,I-484,EAD and advance parole together. If I get my EAD and advance parole approved, can I just forget about visa revalidation ?

Any inputs will be highly appreciated.

Thank You.
 
am working on my H1B visa. My passport still has my previous employer's stamping and it is valid until Dec '03. The current employer's I-797 is valid until Dec '04. But I got laid off from my previous company and they cancelled my visa .

------- Previous employer can only revoke the H1b petition and NOT H1 Visa stamp in passport
M y current employer filed for H1 within 30 days hence I was not out of status.

I am planning a trip to India this Dec or Jan'04.

------------- If you are planning to return before the Visa stamp on passport with past employer name before December 03 or before expiry date of visa stamp, no problem to re-enter but you should also show new H1 approval and passport visa at POE that way you will get new I-94 till the validity of your new H1 approval notice and then you can send the PP for visa revalidation in US. If you are going out after December then better get H1 visa stamped in India based on your H1 approval notice

I just want to make sure I can re-enter the US without any problems. I know I should have the current employer's stamping when I re-enter the US.
Current employer Stamp not needed if you enter before your Visa stamp expire and show your new H1 approval at POE
I am afraid I would not have enough time to do the stamping while I am in India. so I thought I could send the passport to St.Louis now.

------ You can send the passport to ST Louis only if your Visa stamp is going to expire in 60 days or not expired more than 1 year. Once you send the PP to ST Louis for revalidation you will get the PP back after 90-100 days it takes about 3 months to get PP back. If your consulate in India is Chennai better get visa stamped in US and then visit India.
For more info read:
http://travel.state.gov/hlop.html
http://travel.state.gov/visa_services.html
http://www.murthy.com/reissue.html


My questions are:

1) I know I can send the passport to St.Louis for stamping only 3 months before the visa expiration date. Can I go ahead and send my passport?. Will there be any problem as my previous H1 was cancelled?.
-- Only 2 months (60days) before visa expiry date, no problem if previous employer revoked the H1 petition you have new H1 approval
2) My GC is in process. My labor got cleared, now I am going to apply I-140,I-484,EAD and advance parole together. If I get my EAD and advance parole approved, can I just forget about visa revalidation?

-------- It depends on service center, and you may get EAD AP in 4-6 months time after you file I-140 and I-485, EAD, AP. At this time many are getting RFE for I-140. If I am in your situation I will send my PP for H1 visa stamp revalidation. it is much better to be on H1 status till your I-140 is not approved, any RFE on I-140 may delay the EAD and AP.
 
Can EAD be approved before I-140

Ginnu- (others, please post your inputs as well, if you have been in this situation)

I have one more question, if you could answer from what you have seen so far. Like I said before, I am going to file I-140, I-485, EAD and Adv. parole all together.

While RFEs are very common with the I-140 processing at this time, is it possible to get my EAD approved before I-140 ?. Somebody told me that EAD will be approved only after the I-140 is approved.

Thank you.
 
You may get EAD approved before I-140 approval I have read many got it, the BCIS is going to look at papers filed with I-140 if that is approvable, if RFE for I-140 then only after the RFE , many have got EAD and then RFE, I have read mixed responses from different service centers, no fixed rules
 
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