Stamping - Go or not to Go or wait.

[vanvas]

Here's my situation:

EB3 India - PD2005/EAD/AP

H1B with the same employer (Full time) since 2003. Valid till 2015.

Some background.....

In 2011 I had make an emergency visit to India due to a death in family and I had to use my Parole as I do not have H1B visa stamped. At the port of entry I explained to the officer that I am maintaining H1B status as I have a depended on H4 Status in USA and am I not using EAD. The officer looked at my parole and consulted another senior and wrote AOS on my I94 and said the dependent status will be fine. Now, I hear conflicting answers on the status of dependent when you enter on AOS. I got 3 years H1B extension in 2012 and I am planning to get H1B visa stamped in Ottawa. I had my H1B visa stamped in Ottawa in 2006.

I am looking for your advice on my options.

1) Is it advisable to go alone and get the Visa stamped? or is it advisable to go as a family?

I ask this 'cause if at the POE the office did mess up my status then the H4 will be in trouble. Once, I switch back to H1 then getting H4 visa should not be an issue. (Maybe, I am overanalyzing :)

Can I get back to US using my AP if visa is delayed for some reason?

2) If going with a family is it fine to bring along a 3 year old child to the consulate? if not, are there any daycare options available near Ottawa consulate?

3) or does it make sense to just wait and see how the CIR evolves and then decide what to do later this year? (weak option, but have to consider all angles)

I'm sure many in the forum have been through similar situations that I am facing. I have thought about the pros and cons of the outcome. I would like to hear from the folks who have been in similar situation.

Before I get flamed for my questions, please note I did spend some time googling for the answers on net as well as this forum. Appreciate your time.

[Arvinder Vemula]

It is better off you ask your company attorney and they would be the right persons to guide you.