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H1B extension aaproval/stamping

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  • H1B extension aaproval/stamping

    My husband is a green card holder since Oct 2004. He got married after he got his green card. I had B2 visa before our marriage and entered USA on visitor visa in April 2005. My husband applied for my I-130 in July 2005 while she i was still on B2 and it got approved in Jan '09. I converted to H1-B in October 2005 and was employed full time ( 40 hrs / week ) till Nov 2007. I had a baby in Nov 2007 and took a break from Nov 2007 through Mar 2009. I have started working again for the same employer now since March 2009. My employer has applied for my H1-B extension on April 3rd 2009 since my current I94 would expire in June 2009, and my h1B extension and is pending approval.My husband will be applying for his citizenship in July 2009.We plan to move to India after he applies for his citizenship in July.

    1. I have never left the country since the time i came to USA on B2. What are the chances of my H1-B extension approved ? If at all it gets approved what are the chances of getting H1-B visa stamp at a Us consulate in Canada or India ?

    2. Since my I-130 is already approved , if i leave the country and wait till my priority date becomes current or when my husband become a US citizen will i be able to get an immigrant visa given my immigration history? Will the 3/10 year bar come into effect ?

    3.Its altready 1 month since my H1B extension has been applied(applied on april 3rd 2009).I see that processing time in Vermont center is currently 2 months.So does it make sense in upgrading to premium processing now to know the results earlier.

    4.The attorney related to my employer says that there should not be any issue in me getting my H1B stamped in Canada., despite the fact that i did not work for last 1+year.Although i dont beleive him and have no hopes.However if by chance i get h1b stamped in India, and quit my job in US, stay in India for sometime and then if i decide to come back to US after like 1 or 2 years,what is the criteria or chances to come back to US on H1B again(assuming my H1 is valid for 3 years)

  • #2

    I am awaiting for anyone of your responses please?


    • #3
      Travel to India while H1 extension is under process

      what will happen if we travel to India while H1 extension is pending and we dont have H1 stamped yet on the passport., which means we cant come back till we have valid visa on passport?please advise


      • #4
        help I am in dilemma too!!

        I am planning to travel India as I need to get married there and for that I need to get the H1 visa stamped on my passport. Are there more chances of rejection in stamping by the US consulate in India ? Keeping the current situation of US economy should I be considering a visit to India? Some people are suggesting that it is very risky, as they might reject the stamping and a situation might arise where I get stuck back in India and loose my job.
        Especially with the present scenario, when there is job insecurity. For last few months there have been some problems and I had to change two jobs. Now I have joined a new company in the month of April. Things are going good here but I am just being careful.

        But what’s confusing here is, for how long I will hold things and wait for the situation in US to improve and what is the guarantee that it will get ok after few more months. The only benefit I can see by staying more and holding my trip is that I can gain my companies confidence in me with respect to my work. So I am in a dilemma to wait for more time or go? Please suggest .