H-1B Expires August and have travel plans after - what are my options?GC not started

[NYC2INDIA]

I'm trying to figure out what my options are and what the best way to proceed is. My H1B expires early August although I have time until October 15th because of recapture time. Additionally, I have travel plans for the week after my H1B expires. I'm married to a U.S. citizen but I have not started the paperwork yet -I was planning on starting the process a couple months later. Additionally, my employer had started the process of applying for an employment based green card for me - but now that I am married, I'm going to tell them to hold off on that filing.

I could start the Family Based GC process immediately and hope that I get my advance parole in time - does that seem feasible? The downside to this is that it will cost me about 5K between lawyer fees and forms which isn't that big a deal but I'd rather not have to deal with. 

Is there a way I can get a new H1B visa stamped that is valid through the October 15 which is how much recapture time I have? I'm not familiar with what that process is but if that's a possibility, I could have my employer arrange for it.

Are there any other options that I am not considering?

Thanks

[pontevecchio]

The company can file a H1 extension to use the recapture time with PP and you can get a H1 visa stamp.

 

To be honest you can file your papers yourself. If there is any issue with the H1 visa, you may be stuck for an year or more back home to await CP.

[Niljig]

I agree with "pontevecchio" about applying H1B extension to use the RC time.

He should file Family Based GC process immediately as he still has time. If that date gets current as F1 category - Spouse, then he may file change of status form.

 

[NYC2INDIA]

 

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To be honest you can file your papers yourself. 

 

I take it you mean file the GC paperwork? Yeah -  I don't mind doing it but it would take me a little while and I didn't want to rush through doing the paperwork in an attempt to get the Advance Parole on time. Also, my wife and I got married within a few months of knowing each other and are doing still long distance for the next couple months and I wanted to get all of that sorted out before I apply, if possible. 

 

Quote

If there is any issue with the H1 visa, you may be stuck for an year or more back home to await CP.

If there is indeed an issue with CP, can I still file my GC paperwork from India and look to return to the US sooner or do I have to wait for CP to resolve?

[NYC2INDIA]

 

14 hours ago, Niljig said:

I agree with "pontevecchio" about applying H1B extension to use the RC time.

He should file Family Based GC process immediately as he still has time. If that date gets current as F1 category - Spouse, then he may file change of status form.

 

 

I'm not quite sure what that means - I thought you filed the Change of Status form with the original GC filing?

[pontevecchio]

@Op,

The paperwork takes up a couple of hours at the most. You must do what you want to do. Have you read my post carefully? I am saying the H1 visa could be denied for a multitude of reasons. The GC via CP CANNOT be denied if your marriage is genuine. If the H1 visa runs in to a problem, you will file VIA cp.

5000 USD vs a lifetime of Income? Quite difficult is it not? You could fill up the forms and have it vetted by a Lawfirm in case you want to save money.

[NYC2INDIA]

4 hours ago, pontevecchio said:

Have you read my post carefully?

Yes - I wasn't aware of how consular processing works but I did some googling and your response makes sense. I wasn't aware of that and I will keep that in mind. Thank you. 

Assuming it takes me 2-3 weeks to prepare the forms and gather all the paperwork necessary to send in my GC application, what are the odds that I will get my advance parole in time? 

 

[pontevecchio]

If you think the H1 visa is a slam dunk because say you are working for the big company in Seattle etc., then you can return on the H1 visa and then file for your GC.

[NYC2INDIA]

14 hours ago, pontevecchio said:

If you think the H1 visa is a slam dunk because say you are working for the big company in Seattle etc., then you can return on the H1 visa and then file for your GC.

Sadly not the big company in Seattle but for a large reputable consulting firm and I work directly for my employer with no vendor or anything in between so while it's not a slam dunk, I'm reasonably confident of getting the H1 visa. 

[pontevecchio]

I guess your reason for the travel is important enough. So have them reclaim the time with PP and return with the H1 Visa. You should be all right. Worst case CP in a few months later though I suspect it will not come to that.