H1 I94 Issue Urgent - Please Advise

[rmrangan]

Hello,

I have applied for permanent residency under the NIW (National Interest Waiver) category. Currently the I-140 and I-485 are pending. I am currently in the US under this status. I got my employment authorization approved and have been working using this.

I had applied for a H1B visa and it was approved. I had also applied for an adjustment of status. But I did not receive an I-94 along with the I-767 and it states that I will have to go to India for stamping.

I have my F1 I-94 which has expired.

Since my NIW is pending, I will have to get my H1B stamping done before a decision is made on the NIW case.

(1) Can I make an appointment under the emergency quota?
(2) Can I make the appointment at any of the consular centers?

Also in my I-797 approval it states that I will have to go to Mumbai. But I am from Bangalore and my attorney had given Mumbai as the consulate by mistake.

Please advise. Hoping to hear soon. Thank you.

[Kulbiker]

1. Your I-94 is an arrival departure record. You cannot get a new one when you are in US. Once you either leave or enter the US you will be given a new I-94 based on the visa in your passport at the time of arrival (its the form you fill out when you are in air and they give it to you just before landing).

2. You cannot apply under emergency quota unless its a "grave sitiuation" like family death, disease or illness.

3. Yes you can apply at any consulate but there is always the chance that you would have to go to your consulate if they feel the reason for you to go to a particular consulate is not strong enough (read 221g)

4. As far as i know I-797 does not come with a specified consulate to go to...at least i did not have one on mine. If yours states so then i advise you go where its stated because it might be for a good reason its stated.

4. Since you have applied for permanent residency....I wuld advise not going for a H1 renewal to India. The whole point of H1B is that you are going to convince them that you are applying for a non-immigrant status. Once you ahve already declared your intention for permanent residency.....it becomes moot for them to give you an H1B. That is according to my understanding i may be wrong. You choices would be to stay here on the visa status change approval till your green card comes through. You dont need to get the H1b stamped in your passport if you dont leave the country.

[rmrangan]

Hi Kulbiker,

Thanks for the response. Here are the issues I have.

(1) My NIW is still pending. But according to my lawyer, my chances of getting it approved are very little. Also it can be decided anytime now. Once the application has been rejected, then I will no longer be able to stay or work in the US as my work permit will also be expired.

(2) So based on the above reason, will I be eligible to make an appointment under the emergency quota? If not are there any other options for me at this point in time? Please advise. Thank you.