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  • I have an unique situation ...please help

    My parents attended interview at Chennai Consulate for their visitor visa on Sept 03, 2003. Interviewing Officer said "All documents are fine. You just need to attach I-797 and drop it in". (Since several of my all colleague's parents got their tourist visa with I-129's receipt, I also tried). My H1-B petition (I-129) has already taken more than 7 months and I expect it to be approved in a month or so.

    When I get it, the new H1-B will be valid only thru March 18, 2004 and on that date, my six years stay in US expires. So, if I get my I-797 by end of Jan 2003, My parents can apply immediately and they can probably travel here around mid Feb 2003.

    The question is 1. Will their visa be approved or not?
    2. If approved, will it be valid only thru March 18 2003, as my H1-B will be valid thru that date?
    3. If they get only one month visa, Can they ask for '6 months stay' at Port of Entry? or will it be automatically granted for 6 months at POE? (It happened in my friend's case).
    4. I currently have my EAD approved. Can I use this as supporting document along with my I-797? Or should I file for 7th year extension and use that also as supporting document?
    5. Is there any downside using EAD(Consular may think thank that my parents become potential immigrant. But it wasn't a factor when my parents went for first interview).
    6. Any suggestions to get through this time would be appreciated. Please note that, on the first time interview, Consulate Officer mentioned that "All documents are good enough except the missing I-797".

    Your help will be greatly appreciated!
    Thanks,
    Sathish

  • #2
    1. It depends upon officer. But if they said all they need is I-797, then it should be fine.
    2. Not necessarily.
    3. They can ask for 6 months at POE.
    4. Either way is fine.
    5. No
    6. Read https://www.immihelp.com/usa-visas/visitor and before they come to US, consider buying visitor medical insurance for them, available for instant purchase at www.immihelp.com/insurance
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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    • #3
      more info

      My 485 is in pending. I also attached 485 receipt, EAD copies along with 797 for my aunts visitor visa.
      She got visa, no questions asked on my 485 status.

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      • #4
        Thanks A Lot!

        Lot of Thanks to Adminitrator and Sylvania. I hope everything will be fine this time. Wish You A Happy New Year!

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