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H1-B Counsular Processing to Adjustment of Status

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  • H1-B Counsular Processing to Adjustment of Status

    My H1 expires on Sep 20, 2013 and I am currently in India. Came back to India last year. I am planning on joining my old firm again and they had applied for my H1 extension using consular processing as I got married on Sep 1, 2013 and wanted to return with my spouse (who has a visit visa). USCIS replied back yesterday with an RFE. My GC date is also current. My company is in a hurry and wants me to return at the earliest. Can I come back to the US on my old H1 (with a week of validity left) and change my H1 extension from CP to AOS. My wife and I can then travel to Canada for the stamping.

    Any suggestions are most welcome.

    Thanks,
    NM

  • #2
    Hello, Nadeem.

    I am not a professional. I have a query, which might help you / might not:

    a) With a week of H1 left, you feel you will not have issues at the Port of Entry?

    Just trying to understand.

    Sorry, if i confused you further.

    Wishing you luck.

    Cheers,

    Originally posted by Nadeem Moulvi View Post
    My H1 expires on Sep 20, 2013 and I am currently in India. Came back to India last year. I am planning on joining my old firm again and they had applied for my H1 extension using consular processing as I got married on Sep 1, 2013 and wanted to return with my spouse (who has a visit visa). USCIS replied back yesterday with an RFE. My GC date is also current. My company is in a hurry and wants me to return at the earliest. Can I come back to the US on my old H1 (with a week of validity left) and change my H1 extension from CP to AOS. My wife and I can then travel to Canada for the stamping.

    Any suggestions are most welcome.

    Thanks,
    NM
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Best course of action is to speak with the attorney doing your H1B and Green Card processing.

      Comment

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