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Everything posted by immijam

  1. ...at POE you will be issued a I94. Ideally your I94 should have validity consistent with your I797 but practically they just go by whats on visa 90% of the times. if they go for visa you will have to extend your I797 as per the I94 last issued. Its just bad luck. you can contact the consulate for visa date - but I doubt it'll help and even if it does - god knows how long it could take.
  2. I have the same situation but with H1 (I have a 3 yr recent visa stamped too). I think I am going to use the AP/EAD in which case the H1 status is lost. The reason I am going to take that route as because of the flexibility AP/EAD offers rather than being trapped in L1/H1 status especially given current times (audits/site visits/etc), plus AP is specifically issued for that purpose. i.e. to travel while AOS is pending and not abandoned. So why not use the more flexible /convenient feature. Ps: Only if you feel you have a good possibility of I-485 denial you should consider preserving the L1 just so you don't have to immediately depart.
  3. immijam

    Is Stamping Required: Valid visa but new I-797?

    not at all required as long as he is still eligible for H4
  4. immijam

    Change I797 before Visa interview

    you will create unnecessary trouble for you there (delays). Your DS form needs to specify all details about petitioner which is submitted to the VC. They review your case (prep), just prior to your interview... changing your petition at the time of interview will require you to book your dates again
  5. immijam

    Same time for different H1's:Mumbai consulate

    Not same counter at the same time. It could be different counters at the same/different times or same counter different times. H1s are not related and would be interviewed separately...you may be asked about each other though Changing date and time is unnecessary
  6. immijam

    Suggestion needed AP or H1?

    Thanks for your suggestion. I was told that this was a good option a few years before, specifically before mid-2017. My AOS is FB and not EB so risk is lower of a denial. In current times there are a lot of unforeseen issues that can stem from being on H1 status. It's become more of a hassle each time anything changes plus have to be restricted to one employer.
  7. Guys I really need your suggestions I have both H1 as well as a marriage based (AOS), AP/EAD. I am going to travel soon. 1. Is it better to use AP than H1 for re-entry? I know both are possible, but I just need to figure what I actually should be using. 2. Even if I enter on AP, can I continue to use H1 for employment? or does that automatically change to EAD?
  8. immijam

    Suggestion needed AP or H1?

    Thank you so much! I think you made perfect sense there. Apart from being stuck there are also potential headaches such as amendments, etc.
  9. immijam

    Mumbai Visa Stamping office

    for stamping they use the one in BKC, and you are right - they do make you "stand outside in heat" + DUST, it's just how its is outside - if you have allergies can try stamping in Canada
  10. 1. Use correct (current) address 2. Get an employer letter stating just what you said..."moved to a new location within the same MSA (Metropolitan Statistical Area), from Plano, TX to Richardson, TX which is around 15 miles...this does not require any amendment as the same LCA is valid within the MSA" - additionally carry a print out of the CIS guidance over this...
  11. immijam

    221g on H1b. Travel back on valid F1 stamping?

    1. Can I travel back to US on my valid F1b stamp and OPT, as I have EAD card valid upto May 08, 2019 and a non-expired F1b stamp on passport? Once you go for stamping, generally your prior visa are "cancelled without prejudice", intent if F1 is to be a student /training, but by applying for H1 you established that you want to work and not study. You could get lucky, but can also be flagged for fraud /misuse of F1 visa just to re-enter. 2. Should I get H4 on my husband's H1b and then travel back to US ? Safest option in my opinion, but you will be asked about pending 221g and if you are no longer interested in getting the H1 visa. What is your answer going to be?
  12. immijam

    Travel during AOS I-485 pending?

    I have both H1 visa stamp, status and job. I additionally have AP.
  13. I have a marriage based AOS pending. I have not traveled outside the US yet since filing AOS. My case is ready for interview, but not scheduled. Does travel outside the us affect processing times? Meaning, will travel delay the interview date due to any additional kind of verification?
  14. once you are unlawful / or out of status - you have to exit and re-enter in correct / new classification - your visa foil is auto-void the day you went OOS
  15. for the same end client would land you in trouble
  16. I would highly recommend to get the right employer instead. Will save you tons of grief believe me. Ps: ...relying on forums cos your employer gets it wrong, esp such imp stuff. I mean think about it!
  17. you can request USCIS to update your status online, but I don't think they would. a large %'age of moot petitions never get updated - your employer should provide you with evidence
  18. immijam

    H1B or AP for re-entry?

    I have valid a H1 status and visa stamp for 2 more years. I recently got my marriage based (I130-AOS), Advance Parole/EAD card. My AOS is now just pending interview as last step. I plan to travel outside the US soon. Upon my return I don't know if to use H1 or AP. I am confused. What are the Pros Vs. Cons of each? I am not sure what's the best option given current times. Ill be thankful for any recommendations. Clear answers would be highly appreciated, I am not the best when it comes to reading between the lines. Thank you.
  19. immijam

    AP and i94

    once you enter using AP you are a parolee, i485 pending is authorized stay
  20. immijam


    "move back to my native country" - your AOS will be terminated / abandoned. Unless you get an AP/EAD and return at some point to resume that same employment
  21. immijam

    H1B RFE - 2019

    Is this a body shop consulting agency? Speciality occupation: Company attorney should have samples and based on your client job duties. Organization chart: Probably your company needs to give. I'm sure you cant provide your clients org chart. Would make no sense. sow: Your company client letter: Get this from your client. Visa date would be 90% based on client letter end date, unless SOW has something else
  22. immijam

    Lost advance parole

    That's the most important doc he lost at the wrong place and at the wrong time. Reapply for new AP. It may take 6 months + if they issue it.
  23. I have an AOS pending though IR/family category. I have a valid H1 status and visa both. I waited 3 months but AP still not processed (although I tried to expedite). I may have to travel out of the US soon due to urgent reasons. If I use H1 for re-entry, I know my AP will be denied. Am I also going to risk my pending AOS? I know the rule says no, but does anyone know current trends? Could it be a risk to AOS? I know one attorney advised against it stating "...due to current times", other attorneys indicated its fine to travel. Please let me know your thoughts.
  24. immijam

    Just Passing Through

    "JUST PASSING THROUGH" lol The rule says country of birth + nationality at the time of birth. If you were born in SA but your nationality was still Indian as SA didn't recognize your birth then you could claim India for CC. But not in your situation you were never a Nepalese citizen neither by birth nor nationality at the time of birth, so CC is not applicable in your case.