H1B stamping in chennai

[vasukode]

Hi,
I need some advise. Here is my case:
I came to the U.S. after completing my PhD in Plant Science from University of Manchester, U.K. on a J1 visa in June 2005 and worked as a post doctoral fellow at the University of Central Florida for 1 1/2 years. My research here was plant-based. In 2006, I took another job at the University of Hawaii and I changed my visa status to H1B visa status. My first H1B visa was for a year which expired on Jan 1st 2008. However, University of Hawaii applied for my H1B visa extension and I got it approved for another 3 years.
When I was in orlando (still with J1 visa status), I got married. My husband is a Green Card holder. When I applied for H1B visa status, I had mentioned that I was married.
I will be going to India for 4 weeks and for me to come back to the U.S. I will have to get my visa stamped.
My questions are:
1. Since I have a PhD in Plant science and since I am doing biology based research projects, will I have problems getting my H1B visa stamped? What are the steps or documents required to get the stamping done without any problems?
2. Since, my husband is a green card holder will it prove to be difficult for me to get the stamping?
Kindly advise. This is an emergency. I really appreciate your help

[topcatin]

I am not able to understand one thing, you said you are on J1 and then you mentioned about working for the university on H1. So you are on H1 right?
Never hide any information about your husband. If asked whether your husband is a permanent resident, you will have to say Yes for that. I think they do ask this. Even I work for a university, I did not face any problems when I had my interview at Chennai last month.Just have all your paper work in place and answer to the point and dont panic if you see people in front of you getting their visas rejected.It depends on case to case, so it is wrong to say "depends on the officer's mood". The officer who granted me the visa,rejected a few visas for some people before me..so dont panic.I have posted my experience here :http://www.immihelp.com/forum/showthread.php?t=36131. All the best.

[vasukode]

Hi, Thanks for your response. Yes, I am right now on H1B visa status.

[topcatin]

No problem.All the best.

[orion]

If the field of your study cannot be used to create a weapon for war or another means of hurting people, you are fine. So as long as the plants you researched on dont turn nasty when thrown on people, you'll be fine

[vasukode]

Thank you very much for your response.

[vasukode]

Hi Topcatin,
You mentioned that you work as a researcher. What is your field of research? Does it come under Technology Alert List? My research is plant-based and this does come under TAL. This may require admin processing which will take 3-4 weeks.

[topcatin]

No I dont do research. I am into software.

[vasukode]

Thanks to all your advise. I have another question with regards to DS-156 form question # 36: Has anyone filed a immigrant visa petition on your behalf?
The question that I have is: I have H1 B visa approval.
1.My husband and my brother are both Legal permanent residents, but have never filed any prtition on my behalf. Should I say ;NO' to this or say 'yes'.
2.What do you mean by: H1B is dual intent? Kindly advise...

[topcatin]

For 36 it means whether your uni has applied for any green-card processing?
I want to be cautious in your case as you said your bro and husband are legal PR's. I think the answer is NO for this.

[vasukode]

The university has not filed any immigrant visa on my behalf. Thanks for your advise.

[topcatin]

Ok then you will have to check NO.
Based on your post,this is what I understand.. you are on H1 and your husband and son are PR's and you are independent of them..in the sense you havent filed for your greencard or anything with your husband(i have no clue if this is possible..but just trying to understand your case).

[vasukode]

Hi Topcatin,
My husband had his Green card when we got married. I was on J1 visa status at that time. To check for the possibility of applying Green card through my husband,I and my husband contacted nearly 10 lawyers and all of them were of the opinion that I should maintain my visa status on my own. Because, if my husband sponsors, it might take4-5 years for me get the green card. I don't know if there is a way to change my status.

[topcatin]

Then the answer is NO for this. I had the similar doubt on 36 while filing but it made sense that if only I had a GC processing going on, I would have to check "Yes". I called my lawyer later on and found out. To be 200% sure,call your attorney and clear it..just to be sure.