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H1 extension after filing 485

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  • H1 extension after filing 485

    I am in USA on H1 visa since 1999. The H1 visa stamped on my passport expired in June 2002 and I got it extended (same employer) until September 2003. Meanwhile, I filed I-485 in January 2002 and also got the Advanced Parole Visa in July 2002. My 485 petition is still pending with INS. I am planning to go to India in December to get married. I have the following questions:

    1. I have never used the AP Visa and maintaing H1 status. Can I go to the US Consulate in India and get my H1 extension stamped? Is there a risk involved since I filed for 485?

    2. If the US Consulate denies extension of my H1, can I re-enter USA using my AP? In that case how can I sponsor my wife for H4?

    3. While applying for H4, in addition to the original H1 approval notice (Form 797), is it necessary to have the H1 extension stamped on my passport?

    I would really appreciate if anyone can help me with these questions.

    Thanks in advance.

  • #2
    H1 Ext

    Hi,

    As far as i know you can go to india and get stamped,i don;t see any problem in that,bcos 485 - is for future and H1- is for present.

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