Stamping of Approved H1B In India

[vasudevan_viswanathan]

Dear Sir/Madam

My son has applied for Green Card and his I485 is under process.

He is working as an employee of an American Company and holds a H1B approved visa till 2011.

1. Please let us know whether his H1B will be stamped in Chennai,India and he can return to the US (Meaning whether his H1B is automatically approved) at this stage.

2. Can he marry a girl now in chennai and take his wife to U.S with H4 Visa stamped at the US Consulate, Chennai, India.

Thanks and Regards.

R.Viswanathan.

[OMM]

Dear Sir/Madam

My son has applied for Green Card and his I485 is under process.

He is working as an employee of an American Company and holds a H1B approved visa till 2011.

1. Please let us know whether his H1B will be stamped in Chennai,India and he can return to the US (Meaning whether his H1B is automatically approved) at this stage.

2. Can he marry a girl now in chennai and take his wife to U.S with H4 Visa stamped at the US Consulate, Chennai, India.

Thanks and Regards.

R.Viswanathan.

-- so, he have I797A for extention right? he can marry with indian girl. where is he right now? in USA? if he is into the USA and his visa is expired then he have to stamp it first. if his visa is valid and he want to stamp it from india he can stamp it from chennai consulate....

[txh1b]

1. Nothing is automatically approved. He should get a visa stamped following the normal procedure for H1b stamping and return on H1. Having a 485 pending does not impact his H1b stamping.
2. He has to marry and bring his spouse o US before his 485 gets approved on a H4 and he needs to also enter on a H1b visa only. He cannot use EAD to work or AP to enter.

His H4 has to apply for 485 once his PD becomes current (Meaning USCIS starts serving the people in line at the time when your son entered the queue). In theunfortunate event that his 485 gets approved prior to his spouse applies for 485, then it is a huge problem as the H4 has to maintain their own status (H4 is no longer valid). It is complicated if it happens.

[vasudevan_viswanathan]

Thanks for the reply

Thanks for the immediate response. I hope I have put my question in a different style. My actual question regarding the h1b is that it is already been approved in the US and he travels to India to get that stamped. My question was whether the US consulate in India will have a different part to play other than stamping the visa in the passport for his travel back to the US.

Thanks and Regards.

R.Viswanathan

[txh1b]

Yes, the consulate will evaluate the H1b docs, employer credentials and determine if it is worthy of a visa being granted. They just don't stamp it just because the petition was approved in the US.