H1B extension waiting - Travelling for marriage. HELP!!

[bpl]

Dear all,

Sorry for the lengthy message, please help with your response

i HAVE to travel to India the week of Nov 26th for getting married!! But, my H1-B extension is still pending.

H1B extension applied (Vermont): July 11, 2012

Status still says: Initial review

With my employer's permission, I have asked the lawyer to upgrade to Premium processing IMMEDIATELY. Premium application in process...

* If things go smoothly, do I still have a chance to get my H1B approval notice (hardcopy) before I leave on Nov 26th? How long does it take normally for the lawyer to get the hardcopy once the date on the USCIS site says approved?

* If my case is approved before I leave USA but the hardcopy isn't received, can I still travel and get the stamping in India if my lawyer can Fedex the approval notice?

* Worst case scenario, if I get a RFE on the premium processing but I still leave US, what are my options, if any? Can't come back to US even if my case got approved when I'm in India? MY GC is in process and my I-140 is approved already.

I have to go for the marriage but don't want to ruin my hard earned career in US...Any suggestions please

Thanks.....BPL

[shandan]

If things go smoothly with PP then hopefully you can have hard copy of I-797 before Nov 26th.

If it gets approved and you did not receive a copy by the time you leave, then yes your lawyer/employer can send you the hard copy via Fedex/UPS/etc etc.. and you can get the stamping done.

Qoute: "* Worst case scenario, if I get a RFE on the premium processing but I still leave US, what are my options, if any? Can't come back to US even if my case got approved when I'm in India? MY GC is in process and my I-140 is approved already."

In that case if your employer/you respond to the RFE and you get approval, then you can get the approval sent to you via mail and then apply for stamping.

Your GC process is independent of your H1B, as long as the employer is supporting your GC does not matter where you are as GC process is for a future job, not your current job. If you are in US, you will file I-485 when your PD is current, and if you are out of US, then you'll have to go for CP when your PD is current.

[bpl]

Thanks Shandan.

My concern is my H1B visa expired as of Sept 30th 2012. So, if I travel outside US now when H1B is in RFE/pending stage, won't that be a problem...like abandanment of status etc?

[rahul412]

Advice to all bachelors especially these days...don't get married when on H1B.

But get married if you already have the visa.

I agree with om....to all the bachelors don't ruin your life by getting into this kind of situation. Plan one by one.

[shandan]

Advice to all bachelors especially these days...don't get married when on H1B.

You know I can relate to your emotion, as I know how tough it is for your spouse on H4, especially if they were independent and working prior to marrinng you and you bring them away from everyone to this land and then take away the only thing they had of there own, independence. It sure is a terrible predicament for them. Especially when dependents of L1 visas can get EAD why not for dependents on H4.

[supriya098]

bpl I will suggest you strongly for PP. They are working on June. I will not take chance because even the stamping date are issue in India.

[chtummala]

Advice to all bachelors especially these days...don't get married when on H1B.

lol .. you know for indians it will take longer time to get green card because of log list ..

most of my friends married when they have stamping ..

since then they never left the country ..

[luck2u]

@bpl: There are quite a few chances that you can get I-797 before you leave the country as there is still one month from now whereas you already initiated for PP. Moreover, just giving you heads up it's very tough to find visa interview dates in India right now. So, plan accordingly.

[luck2u]

@bpl: There are quite a few chances that you can get I-797 before you leave the country as there is still one month from now whereas you already initiated for PP. Moreover, just giving you heads up it's very tough to find visa interview dates in India right now. So, plan accordingly.

[bpl]

Thanks everyone.

@Luck2u: Thanks for the heads-up on the interview date. But, I checked their site for wait timings....it says only '2 days' delay. What does that mean?

Chennai ( Madras)

Typical Wait Time (Calendar Days*) for a Nonimmigrant Visa Interview Appointment

Visitors Visas: 2 Days

Student/Exchange Visitors Visas: 2 Days

All Other Nonimmigrant Visas*** (Excludes: A, G, K, and V): 2 Days

[luck2u]

@bpl: But in reality when you complete DS 160 and start process of booking visa interview appointment you will come to know as I'm seeing many people suffering due to lack of date available in this murthy forum.

[luck2u]

@bpl: But in reality when you complete DS 160 and start process of booking visa interview appointment you will come to know as I'm seeing many people suffering due to lack of date available in this murthy forum.

[bpl]

@Luck2u and others ......Quick update:

My H1-B premium processing was applied and the receipt date is October 23, 2012. (Vermont)

I have about 28 days before my travel to India....hope things work out and I get the approval before hand. I work directly for the employer at a single location, no client etc...hence no complications I hope.

Please clarify below:

* I am about to file my DS-160 as 'married' so that me and my would-be wife can both appear together for the H1 and H4 interviews. Is it risky to do so?

* In the unlikely event of my wife not being able to accompany me to the visa interview (delay in getting her passport etc), can I still go ahead with my H1 stamping at least? Or, should I have to cancel the entire appointment and start running around for interview dates for me ?

Thanks guys...BPL

[luck2u]

@ bpl:

* I am about to file my DS-160 as 'married' so that me and my would-be wife can both appear together for the H1 and H4 interviews. Is it risky to do so?

No, it's not risky yet all if you both attend together.

* In the unlikely event of my wife not being able to accompany me to the visa interview (delay in getting her passport etc), can I still go ahead with my H1 stamping at least? Or, should I have to cancel the entire appointment and start running around for interview dates for me ?

Yes, it's better to complete your visa interview first (depend on your vacation) and later your wife can attend for her H4.

[bpl]

@luck2u: You sir....are God sent! Thanks for your response / clarification.

One more qtn please...If I go for my H1B stamping only.....in the DS-160, should I say then "married" and "NO travel companion"? (Although she might be able to get her H4 stamped and may accompany me back to US?)

Should I say "No companion" when filling out my wife's DS-160 as well?

Thanks for the help!

[luck2u]

You should mention No companion as you alone will be traveling back if your wife is not attending for her visa interview along with you. If you both together planning for H1 and H4 visa interviews, then mention YES.

[luck2u]

You should mention No companion as you alone will be traveling back if your wife is not attending for her visa interview along with you. If you both together planning for H1 and H4 visa interviews, then mention YES.

[bpl]

Great news! H1B extension approved today.

Applied for H1B extension: July 2012

Upgraded to premium on: Oct 22, 2012 (Vermont)

H1B extension approved on: Oct 30, 2012

Wonder how long it'll take to get the hardcopy!? Thanks everyone for your inputs.

[luck2u]

@bpl: Your attorney should get hard copy in 3 to 4 days.