Visitors Visa- 1-485 Pending and using H1B

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withdraw485

Registered Users (C)
Hi
I re-filed my I-485 in August'03 (I had to withdraw my previous in favour of my wedding in Dec'02) and I have an approved I-140 (approved April'2000). Currently I do not have an EAD or AP, they are pending. However, I am still on my H1b which is going to expire on April 26th'2004.
My Question :
I am planning on inviting my parents for a visit in the month of April '04 and would like to have them stay with us for 6 months.
Since my H1B is going to exire by April '04, how that is going to play a part for my parents visa approval?
I am hoping my company will file for my H1B 7th year extension before that but that would still be pending by April'04.
However, I am hoping to receive my EAD and AP by that time though.
I'd really appreciate if anyone out there could help me guide me thru the options I have and the best approach I should take in such scenerio.
Thank You.
 
Your employer will need a valid work permit, if your company is not
filing for H1b extension, you should consider filing for I-485 and
subsequently get an EAD, AP but beware it is taking 4-5 months to
get an EAD.

What kind of visa are you considering for your parents ?
 
Thanks for your response vsc_babu but I think I am a little confused regarding your questions.

"Your employer will need a valid work permit, if your company is not filing for H1b extension"

-- My employer will need a valid work permit?? I assume you meant, I need a valid work permit which currently I do thru my H1B visa. I am hoping my company would file for my H1B extension.

"you should consider filing for I-485 and subsequently get an EAD, AP but beware it is taking 4-5 months to get an EAD"

-- As I have already stated in my posting, I have already applied for my I-485 in Aug'03. At that time, I have also filed for my EAD and AP. I did have a query both on my EAD and AP for photographs so I am hoping to hear an approval during the next couple of months.

"What kind of visa are you considering for your parents ?"

-- Are there more than one type of visa on which you could get your parents to visit you? I assumed it would be visitors visa unless there are any other visa that can be used.

Thanks for your input. I appreciate it.
 
Originally posted by withdraw485


Since my H1B is going to exire by April '04, how that is going to play a part for my parents visa approval?

Click to expand...

It will not affect their visit visa application as u (sponsor) are in-status (AOS). Send copies of ur 485 receipt notices etc.

I am currently working on EAD with pending AOS and successfully got visit visa for my parents. U can see the details here:

http://www.immigrationportal.com/showthread.php?s=&threadid=101882


goodluck

-ab
 
Thank You sir, I really appreciate your detailed information in your post. That will be very helpful for ppl like me.
I understand that if I were in AOS status, I could use my EAD and AP to sponsor my parents but I am currently on H1B and would like to continue on H1B. Obviously hoping that my company would apply my H1B extension by then.
So, assuming by the time I send documents for my parents visit, I have a pending H1B 7th year extension, what are my options?
Can I just send my H1B extension documents or should I also have to send my EAD and AP although I would not be using them at that time.
Thanks so much for your input.
 
I understand that if I were in AOS status, I could use my EAD and AP to sponsor my parents but I am currently on H1B and would like to continue on H1B. Obviously hoping that my company would apply my H1B extension by then.
So, assuming by the time I send documents for my parents visit, I have a pending H1B 7th year extension, what are my options?
Can I just send my H1B extension documents or should I also have to send my EAD and AP although I would not be using them at that time.
Click to expand...

Send both - 7th year extension approval (if you have it by that time) and 485, EAD and AP receipts.

The basis of these docs is to prove that you are in-status and not illegally staying in US. U currently have 2 valid legal statuses - H and Pending AOS (485). So, if your company gets ur 7th year extension, u would continue to have the 2 valid legal statuses (H and AOS pending). If your company does not files for extension or the extension is not approved by that time, you would still have 1 valid legal status (pending AOS). You have to send docs accordingly to prove these statuses.

Make sure ur parents understand each and every document that proves ur status, so that they can provide the same if asked by the interviewer.

goodluck

-ab
 
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