green card app question

[vmsk1234]

Since the last time I entered the US from a trip to India (mar'10), I've switched jobs but I have not gone back to India (so, no visa stamp with current employer). The expiration on the Visa stamp on passport is Dec'11 but my current Work Authorization (I-797?) is until Sep. 2013. This should not be an issue while filing, right? Do I need to get my visa stamped with current company before applying?

thanks in advance.

[osweiti50]

Though your question is not so clear but what I understood that your visa has expired in Dec 2011 how ever your work authorization is valid until Dec 2013. Also I understood that some body (company...) has already filed I-130, I-140/I-485 for you and you are waiting for feedback from USCIS....if this is the case I think you must be fine however, it is better to consult an immigration lawyer...else please clarify.

[vmsk1234]

Here's the timeline:

Entered US in Mar 2010 - i94 has a Dec 2011 stamp on it (Visa also valid until Dec 2011)
Switched jobs in early 2011
New company filed for h1 transfer - h1b approval i797 petition has an i94 portion on the bottom with "valid until sep 2013"

Now, I'm filing for green card through family. Should I get my h1b stamped first or am I good to go as is?

Thanks in advance.

Though your question is not so clear but what I understood that your visa has expired in Dec 2011 how ever your work authorization is valid until Dec 2013. Also I understood that some body (company...) has already filed I-130, I-140/I-485 for you and you are waiting for feedback from USCIS....if this is the case I think you must be fine however, it is better to consult an immigration lawyer...else please clarify.

[osweiti50]

Now it is much more clear...are you married to a USC? If yes then go with family based LPR filing option as it saves you time otherwise it is better to go with employment based option since you are holding a valid H1B.

Regarding the validity of your I-94, I think as long as you are staying in the US then you are fine however, if you travel outside US then you need to take your I-797 to the US Embassy at your country of origin to extend your H1B to become able to enter the US again, i.e, you get the H1B stamp on your passport.

In other word if you stay in the US you are fine to file your Green Card application. Good Luck.

[vmsk1234]

thanks Osweiti50 for your response. Yes, i'm married to a USC and will be filing the green card petition in the next couple of weeks. And, I don't intend to travel outside the US until I get my Advance Parole ready. I'm relieved to know that the i94 I have through my i797 is good to go. Thanks again.

Now it is much more clear...are you married to a USC? If yes then go with family based LPR filing option as it saves you time otherwise it is better to go with employment based option since you are holding a valid H1B.

Regarding the validity of your I-94, I think as long as you are staying in the US then you are fine however, if you travel outside US then you need to take your I-797 to the US Embassy at your country of origin to extend your H1B to become able to enter the US again, i.e, you get the H1B stamp on your passport.

In other word if you stay in the US you are fine to file your Green Card application. Good Luck.