pagetrip

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  1. I currently reside in USA and on H1B status. I have an I797 that is valid until Aug 30 2023, although visa stamp in my passport is expired. I have a H4 visa stamp from a few years ago. Never got H1B stamping done after I did COS from H4 to H1B. My H1B extension is also approved from Aug 30 2023 to Aug 29 2026. I was planning to visit US consulate in early Aug to get my H1B stamping done. If I get the stamping done in early Aug, I will be re-entering USA couple of weeks before the start of the validity date of my new I-797. I am being told by my attorney to that I should wait until after new I-797 start date (Aug 30 2023) to go for stamping. He says that if I go for stamping and re-enter before the start date mentioned in my new I-797, my new H1B will not be valid. I don't understand how H1B can be invalidated if I get stamping before the I-797 start date and re-enter the country. Can anyone confirm if this is true? TIA.
  2. Has anyone tried "Margarita Switch" for re-entry as mentioned by Reddy & Newmann? According to their youtube video, they mention that one can re-enter USA on AP and then immediately cross Canada/Mexico border and switch their I-94 to H1B based on approved I-797 document. Is this correct? I understand that when one re-enters into USA using AP, they are technically a parolee and are able to file for H1B extension. But can one change from Parolee to H1B by the method above? Thanks.
  3. We are currently in India. Our dropbox appointment was in early March and our passports were returned with white 221G (asking us to attend interview). We can walk-in as soon as consulates open. We do not require a new appointment as per 221-G document. Meanwhile, my firm has applied for my H1B extension and we are anticipating approval soon. Once approved, I will get a new I-797 with consular process. Assuming that I will receive extension approval by the time consulates open, do I need to submit a new DS 160 when I walk-in for my interview? Thanks.
  4. I am currently on H1B and my wife is on H4 with EAD. Our petitions are currently valid until September 2020. Currently we are stuck in India due to COVID-19 situation and are waiting to get our stamping done (went to dropbox and consulate returned passports asking us to attend interview. We can attend interview without booking appointment). My company is willing to file my H1B extension. Since we are out of USA, H1B extension will be done as consular process and we cannot file for H4/H4 EAD extension until we are back in USA. So, is it recommended to wait until we go back to USA to file for extensions? I have couple of questions: · File for H1B extension with us being in India – Can we file for H4/H4 EAD extension as soon as we re-enter USA or do we have to wait until my H1B extension is approved? Will H4 extension also be issued as consular process? · File for H1B extension with us being in India and it gets approved while we are in India – Do we have to refill our DS-160 forms? We received a 221G white slip asking us to attend interview but all the DS 160 forms we submitted contain our current I-797 details. Will this cause us to re-take a new appointment? Currently we can immediately go to consulate for interview without having to book a date since we received 221G. We do not want to get stuck in the process of trying to find an available date. · File for extensions once we are back in USA – How long is it typically taking to get H4 and H4 EAD renewals? Thanks.