Visa Stamping question(s) - Urgent Issue !

[nervewreck]

All,
Here is my situation. Any feedback and thoughts are appreciated.

My 6 years of H1 expired Oct 2005. We applied for 7th year extension, and received H1, with 3 years validity.

In April 2006, my Labor got approved for the GC, and we just filed for 140.

Now, I have a family emergency in India, and would need to go for a quick visit (3 weeks).

My Wife is also on an H1. And both of us need to go for Visa Stamping.

We are planing to go to Ciudad Juarez, Mexico or take Emergency appointments in India.

The questions that I have is:
Would the goof up by INS to give me 3 years instead of 1 year for extension pose any problem or issue when I go for interview?

Is it preferrable to go to India and get the stamping done there or is it safer to go to Mexico or Canada and then go for my visit?

In case I dont go to Mx or Canada, would I require a UK Transit Visa when I am travelling to India?

If I want to go to Mexico, should I get a Mexican Travel Visa (FMT) first and then go to Juarez ?

Your feedbacks and thoughts will be greatly appreciated.
Please Advise.

 

[ginnu]

All,
Here is my situation. Any feedback and thoughts are appreciated.

My 6 years of H1 expired Oct 2005. We applied for 7th year extension, and received H1, with 3 years validity.
------------ it is mistake of USCIS, you were supposed to get 1 year extension based on pending LC more than 1 year
In April 2006, my Labor got approved for the GC, and we just filed for 140.

Now, I have a family emergency in India, and would need to go for a quick visit (3 weeks).

My Wife is also on an H1. And both of us need to go for Visa Stamping.

We are planing to go to Ciudad Juarez, Mexico or take Emergency appointments in India.

The questions that I have is:
Would the goof up by INS to give me 3 years instead of 1 year for extension pose any problem or issue when I go for interview?
---------may be may be not. consulate stamp visa according to validity of H1 approval notice
Is it preferrable to go to India and get the stamping done there or is it safer to go to Mexico or Canada and then go for my visit?
----------- you can search the threads
In case I dont go to Mx or Canada, would I require a UK Transit Visa when I am travelling to India?
---------- if you have Valid H1 visa stamp then you dont require Visa stamp . why dont you check the UK embassy or consulate site??
If I want to go to Mexico, should I get a Mexican Travel Visa (FMT) first and then go to Juarez ?
---------- yes
Your feedbacks and thoughts will be greatly appreciated.
Please Advise.

You need to talk with your lawyer who filed H1 and point out the mistake on H1 approval. Better get it corrected or don’t forget to file 8th year H1 before 7th year H1 expires. Count your H1 extended for 1 year only and file extension according to lawyer advise because that extension if not corrected may haunt you at the time of I-485 filing and USCIS will discover the mistake

 

[nervewreck]

Ginnu,
Thanks for your feedback. I did talk to the lawyer and reported the mistake. my Lawyer says, its a mistake on their side and since we have an approved original i797, no matter what we should not have any problem.

I dont know why my lawyer seems to think its ok to not to do anything. I dont think he is ready to do the extra paperwork and file for my 8th year, in Oct'06.

I feel stuck and dont know what to do.

 

[ginnu]

Ginnu,
Thanks for your feedback. I did talk to the lawyer and reported the mistake. my Lawyer says, its a mistake on their side
and since we have an approved original i797, no matter what we should not have any problem.
----------- If you know that is a mistake why not to get it corrected. Many time lawyer write the incorrect name and one gets H1 approval corrected they same way if USCIS officer did a mistake your lawyer need to get it corrected. Ask the lawyer that if the USCIS discover at the time of approving I-485 that you were out of status or working illegally who is responsible for that? Ask if he is ready to go to Court or file appeal with out fees? And what about your GC? Will he give guarantee in writing? You have Lazy or bad lawyer. Don’t mind paying fees go to good knowledgeable lawyer and get it corrected
I dont know why my lawyer seems to think its ok to not to do anything. I dont think he is ready to do the extra paperwork and file for my 8th year, in Oct'06.
------------ if He is not ready go to good lawyer
I feel stuck and dont know what to do.