Marriage based GC

[crazy.dude]

Can I please get some suggestion on my case from senior members in this forum?

I have been on H1B for past 5 years now. My H1 will expire on June 2013. Haven’t applied for employment based GC. I recently came to India for my marriage. Since I didn’t have visa stamping after 3rd year extension, I had to go to the Mumbai consulate for an interview on July 17th 2012. Never had gap in my visa or have been out of status.

I am in an EVC model and got a blue 221g slip and was asked to submit some documents. I have submitted the documents to VFS and waiting for an answer from US Consulate.

My wife is a US citizen and we decided to file I-130, but are concerned that with the pending H1B application, will that affect my I-130 processing.

Will there be a situation, where they will deny my I-130 on basis of H1B or if they will not issue me H1B with an I-130 pending and ask me wait to complete consular processing in India.

My client has allowed me to work from India till I get back.

I know once I get back to US on H1B, I can file for I-485 immediately and request for an AP to get out of the H1B travel situation.

Can I request JoeF or other contributors to please share their advice?

[crazy.dude]

Can I please request members to respond? I am very much concerned about the decision. Will really appreciate some of the replies.

[pontevecchio]

The H1 situation has no connection to your I-130.

[jprtgc]

Hello US_Dreamz, I am in a simiar situation and plan to get a telephone consultation from Murthy, should we get email each other?

My employer has agreed to allow work from India as well, and is willing to foot the bill for tickets and stay. But I've decided to apply for the I-130 irrespective and stay in the US, instead of risking stamping issues back in India on the extension. I havent been to India for my last 3 yr stamping either. Also applying I-130 from Indian consulate takes much longer is what I have heard.

Once advance parole is approved, I should be able to take a vacation back home.

Could you email me at lasforideshare@gmail.com? Please let me know if you've any further info.