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Old 07-17-2009, 02:57 AM
TwinkleM TwinkleM is offline
Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
06/20/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/09/2007
Compare
Join Date: Jul 2007
Posts: 48
TwinkleM will become famous soon enough
Default Advice & experience about new 2nd H1- B COnsulate Case

My H1 filed & approved thorugh company A from October 2004.

H1 then transferred to company B & approved from Nov 2005.

My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

Another H1 filed through company C (GC sponsoring company) in April 2009. My lawyer did receive the RFE for new H1 application.

Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.

But, since now we have no choice but to chose consulate case, I was wondering what would be the safe option - whether to choose Home country or Third country (Canada or Mexico).

I personally want to go to neighboring country instead of home country as that would save lot of time.

Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.

Also,

1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.

2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?

3) What are the chances of them disapproving my case?

4) Am I allowed to take my U.S citizen kids along with me to the consulate?

5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston

Would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.

Advices from the expert lawyers, senior & junior members is appreciated.


Attorneys, would appreciate your inputs on the above questions...

Also now,

Am planning to withdraw my husband's H4 application as he wants to continue his work on EAD.
1) Would this be a problem in his GC journey?

2) If something has to go wrong with my still pending I140, our EAD will not longer be valid. Then, can I apply for his H4 in future?(keeping in mind that his H4 application has been withdrawn right now)

3) Will he need to get out of the country while we file his H4 other then stamping?

4) Am planning to go for stamping to Qubec. Anybody who has recently been there for stamping, could you pls. post your experiences both at the consulate & POE?

Thanx in Advance
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