Sponsoring a B2 when H1B expires

[vchandrasekaran]

Hello,
I have got my I-140 approved and have applied for AOS which is not
likely to get approved within next 3-5 yrs. My H1B expires in May 2006.
I am planning a trip to India in March 2006 to bring my Mom on B2 tourist
visa. She hasn't appeared for visa interview yet. I haven't applied for my
EAD/AP so far. I am in dilemma as to whether I should apply my H1B renewal
now or after I come back. I don't have time in India to go to US embassy to
get my new visa stamp even if I get my H1B renewed before I leave to India.
My main doubt is whether my mom will have problem in getting her B2 visa approved in March, beacuse of my status. If I went to Canada to get my visa stamped before leaving to India, would that be quicker?

Would greatly appreciate your advice and guidance in this regard, based on your expertise or prior experience under similar situation.

My emailid: [email protected]

thanks a lot,
chandra.

[immihelp]

If you renew H1, you don't need new stamp if you enter US before the current visa stamp expires.

You should apply for H1 renewal now.

Your mother should not have any problem as long as you are in legal status at any given time.

Read https://www.immihelp.com/maintaining...ent-of-status/

[vchandrasekaran]

Hello,
There are two problems I am concerned about:
- If I don't get a new visa stamp, but come back to US with only my H1
approval, my I-94 will be set based on my visa stamp which is May 2006
instead of 2007. This is a problem, it seems, the visa renewal will be nullified
by this.
- The other problem is since my visa stamp is only till May 2006, my Mom
would get B2 visa, even if she gets by luck, only from March 2006 till
May 2006, I suspect, since I as the sponsor have to have longer stay
permit in order for my Mom to get 1 yr visa. right?

Does anyone know, if going to Canada is a viable option to get visa stamped? Do they allow this, even though I am a citizen of India? If so, how long does Canadian US embassy take to issue visa stamp?

thanks a lot,
chandra.