Prem.chn

Hello, Thank for starting this thread. I am in US on H1B and hold a approved 140 application. I have been hearing that with the new executive action that anyone with approved 140 can now apply for 485 to go in to EAD without having to wait for thier labor date to become current. Is that true? i do not see that information in president's transcript. If the above statement is true when is USICS going to accept application for 485 and what are the processing times going to be? Thanks

I am back to US today.Thanks all for your wishes.

Sil your email id is not going through..

@raghuvar-thats true even my visa was denied by the same VO he went one more step to revoke my exisiting valid visa.. so i came chennai for stamping now it is approved and waiting for passport

nbendi- yes you can, if you have all valid doc.

@Desperate123- they are very particular about it. there is another person who had the same reason as yours and the VO was not ready to hear. the same is updated in the site. i am not discouraging you but just letting you know. @brahmajidbr - for a similar case the VO asked about paid leave. so if you have taken more than 15 days then your employer wont be able to pay for that and you can say that as a reason but it is still up to the VO. i would say go for ottawa canada instead of matamoros if you can wait for interview.

Thanks all. Sorry i got busy.. I am still waiting to get my passport. "Your Passport is under process at U.S Embassy/Consulate." @ajexpert- In mexico the vo officer was not interested in seeing any document after he found that i had 3 months gap to join my employer after getting stamped. So immediately told that he cannot issue visa,cancelled the existing visa(God knows why even the chennai VO doesnt have an answer)and refused my renewal with a 221G. I didnt carry anything extra to chennai consulate.My petition is never revoked @bindasbob- Ya i got a 221g for visa denial @ mexico but that doesnt say the actual reason it just says needs more administrative processing. You can tell the exact reason why your visa is refused in mexico. i would suggest you to take an attorney's advice.. @gkh- the answer in my case is Yes-visa is denied. I gave the same reason what the Visa officer told me "i had 3 months gap after getting stamped to join my employer and the VO is mexico said they cannot process it there and i have to go to india for stamping" i also gave the reason for the gap.

http://www.usvisamex.com/matamoros/visa_stamping_updates take a look at this.. it might give you some idea

if you ever have gaps in your employment or if you had gaps after getting stamped for the first time in india and took time to join your employer then i would strongly suggest you to drop matamors plan..

you can get a temporary i-94 @ the border... i hope you have already left mexico.. you will have to pay 600+ $ for temp i-94

The answer would be "no" if you want to confirm you can call the VFS

VO: What are you doing in US Me: I am working as a Software engineer with my "Company" at one of thier client site(client name) VO: How long were you with "Company" Me:17 months VO:How many vendor do you have? Me: ONe VO:who cancelled you visa? Me:I had gone to mexico for interview and for some reason the VO their had cancelled and he didn't give me the reason VO: what is your annual income: Me: ******$ VO:Can you give the copies of I-129 and document submitted to USCIS Me: I gave the documents VO: Can you show me your recent paystubs? Me: VO: your visa is approved and we will courier it to you in a week

the chances of change of status is good if you have all the documents.I am in india now as I dont want to complicate things by applying for a change of status as i had to travel India by end october for a function and i will have to any way get stamped then... btw i went for stamping yesterday and it is approved..

If you have all the docs you can get it stamped in chennai.. there wont be any problem.. At matamoros they were very particular about any gap in employment after visa stamping. If you had gone through the previuos discussion in the forum before your interview you might have not been in this situation.. All the best

It is completely legal but the problem is that you should be ready to leave the country if h1B is either denied or if you receive a new H1B without i94 and you wont be able to work until the time you get your h1B approved. If you are planning for change of status then i would say do premium.