Hi Subrahmanyam,
Thank you for your encouraging post.
I have been worrying too much on getting my visa revalidated as we are just missing my parents and India as it has been 3 years since we go to india.
here is my situation with my present company.
1. My present company is a clean and perfect US company based out in arizona. when they hired me, they trasanferred my h1b saying that I work in pheonix ( bull shit lawyer was she ) . but actually they sent me to clients place which is in cincinnati. This was in Aug 2004.
I got only I-94 cards for this h1b transfer. I have not received any approval notices or LCA copies.
Should I get these?
2. Time was passing. Menawhile I had a son. My husband is still on h14 and is not getting a good break in his field.
The implementaion went well and everybody left onsite,relocated back to phx except me . So company asked me if they process GC. I was thinking of going back to India. But some of the friends advised to go for Gc. FInally Gc started.
3. in 2004 Decmeber, the company got a problem with the old immigration lawyer and they fired the lawyer . And a new lawyer called me in 2005 jan saying " I am so so so and so. I will be your lawyer. I will process your GC with CIS in PERM' .I said ok. And in 2005 june , she started doing all the ground work in terms of h1b history. And she found that I was initially approved only to work at onesite ,i.e phx, not in cincinnati. and said that I was technically "out of status in terms of work location" and immediately she made an amendent and filed a new petition and our h1 and h4 got approved and we recieved I-797A and I-797C papers. and she confirmed in the email that we are fine.
And In 2006 feb, the new lawyer applied LCA ( GC ) and got approved in 12 days and in April 2006, she applied I-140 and got approved in 28 days.
that is the history of mine.
Now my questions to you.
1. I am not well prepared to go to India if they ask me to go to Inida because my visa can not be issued ( say at this time ). so what is the best recommendation you would make ( with your exp) if I can go to Nagoles or not?. i got the bank receipts too. but I am getting worried
and that too my son has no US passport for travel to India also if they ask us to stamp in india.
It is tough to follow your story until someone talks to your personally. All said and done you should proceed to Nogales for the visa stamping, at best there can a delay in issuing.
Since you already have I-140 approved, you may try and apply for Advance Parole (AP) and that will permit to enter US without any hassles irrespective of the visa stamping. I do not know how many days it might take, best bet is to contact your lawyer
Why does you son not have US Passport, if he was born here. May be you did not apply for one or sme such thing
2. since my PERM ( 12 days ) and I-140 ( 28 days ) got approved withput any queries or anything other things, does this mean I have clear history and go ahead for stamping?
I don't know how you got your PERM and I-140 approved so fast. Is there any premium processing for these or are there special cases. Are you in the Nursing Profession? Others are struggling even with normal PERM approvals
3. When I transfered my last h1b to my current employer, the first lawyer didnt give me approval notices. should I get them or the new amendent h1b approval notices are fine (above point#3).
New approval notices are fine (if you have copies of the old approval notices that may be useful)
4. Since I have valid visa till 2006 N0v 27, Do yo advise to just go back to India say in october and visit parents and come back before my visa expires . and my 6 visa limits expires in 2008 Nov. and since I visted india now, I am ok for the next two years without going to india. In this way I can avoid visa stamping. menawhile I get another 3 year extension with I -140 approval and I can take it from there from 2008 onwards.
If you have valid visa till Nov. RELAX. Get the next 3 year extension when it is due. As your I-140 is approved have you filed i-485 the AP is the best way to go as it is issued for 1 year and by all this time your green card will be through
what is your grandtotal recommendation if you were me?
Since you have valid visa, no need to go anywhere. Take care of your son and get his passport. Apply for AP then go to India, visit your parents, enjoy your stay, return to US.
If necessary you can take an appointment for visa stamping in India by match your journey date and visa stamping date.
Do not worry about too many issues at the same time. Take them one by one and visa tiger can be tamed
Hope this helps. Else, visit the forum. If you need to talk let me know your contact number and post it in my contct profile email
Subramanya
Till now I have no visa rejectioons ot any queries.
first h1B stamped at chennai
second new h1B stamped at ottawas,canada
so I am worrying if US visa messes up, I will be gone :-(
appreciate your help.
thanks,
desi[/QUOTE]
