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**Kind_Heart** · 08-13-2007, 07:28 AM

Hi -

I am currently on h1b visa approved until 2009. I have just recently started the process of GC and in the recruiting stages of PERM. As soon as my PERM gets approved i am going to apply for I485 and I140 concurrently. I just recently got engaged to a girl in Pakistan and soon be married. Given all the security check delays that take place if you apply in any embassy for an H1b re-stamp i am not willing to take any risk of getting stuck out of US for a long time and potentially loose my job. I am planning to travel back home for my wedding on advance parole (once i get it) and bring my wife back on H1b with me. The question is if i have already applied for Change of Status and bring my spouse back with me on H1b how and when would i apply for my spouse change of status from h1b to green card given that i have already applied for my change of status?

Any help or clarification will be appreciated.

Thanks

**Rough Neighbor** · 08-13-2007, 11:00 PM

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Kind_Heart:
Hi -

I am currently on h1b visa approved until 2009. I have just recently started the process of GC and in the recruiting stages of PERM. As soon as my PERM gets approved i am going to apply for I485 and I140 concurrently.

Your optimism is admirable, but I'm simply wondering what made you so sure that you can concurrently file I-140 & I-485 after your PERM got certified. The current visa bulletin is not very encouraging. The start of 2008 fiscal year on October 01, 2007 may hold some promise, but during these very uncertain EB visa times, nobody can have a definite prediction this early.

I just recently got engaged to a girl in Pakistan and soon be married. Given all the security check delays that take place if you apply in any embassy for an H1b re-stamp i am not willing to take any risk of getting stuck out of US for a long time and potentially loose my job. I am planning to travel back home for my wedding on advance parole (once i get it) and bring my wife back on H1b with me.

Just the same, how could you be so sure to apply for an advance parole if it's unsure if you're lucky enough for an EB visa to be available by then?

Maybe you meant to get an H-4 visa for your future wife? You mentioned about the delays, so the same thing will apply to her. You've also got to document her eligibility for such benefit. I'm not saying that it's not possible, as long as you two got married (anyhow), but just like any other consular process applications, it's discretionary.

The question is if i have already applied for Change of Status and bring my spouse back with me on H1b how and when would i apply for my spouse change of status from h1b to green card given that i have already applied for my change of status?

Granting that your plans do materialize, and she's already in the US with an H-4 visa, she could file her own AOS application as your dependent during the pendency of your own.

If your H-4 plans didn't materialize and your AOS got approved, you can file Form I-824 for her and she could come here immediately.

But I repeat: all these theories hinge on the availability of EB visa after the certification of your PERM.

Any help or clarification will be appreciated.

I don't know, maybe it's just me but, have we met before?

Thanks </div></BLOCKQUOTE>

**Kind_Heart** · 08-14-2007, 09:01 AM

Thanks Rough Neighbor for your advice. I do understand that my planning is highly contingent upon the October prediction and that if the EB3 visa numbers are available. I am waiting for the PERM to get approved (estimating it to be around mid-late November) and then will see about the EB3 availability. If the EB-3 visa numbers go backlog by the time i am in the position to file for I-140 then i am left with no other option but to take the risk of going to Canada for visa re-stamp. What is your advice on the clearance for h1-b stamping? Have you seen any cases for the name check getting stuck for ages???? I am from Pakistan came here on a F1 and hold a bachelor degree in IT.

I do not think we have met....

**Rough Neighbor** · 08-14-2007, 09:58 AM

When you say "re-stamp" I think you mean to say you have a visa that's currently stamped on your passport; whether still valid, already expired, or another type, probably, F-1. As far as I know, when you go for a nonimmigrant visa consular processing, what's causing the delay are usually application backlog and insufficient documentary proof, not "name check getting stuck for ages." Don't worry you'll not be left waiting for a decision for a long time, they'll either grant or deny.

**Kind_Heart** · 08-14-2007, 10:18 AM

I should have written "Stamped" not re-stamped. I have not stamped my H1b visa yet. The whole thing started when i scheduled my interview at Ottawa embassy in July of 2007 and i received a call from US Consulate at Ottawa advising that my H1b stamping can take anywhere from 3 days to 3 months depending on the level of clearance the visa officer would deem necessary at the embassy. I spoke to my employer and he was not too thrilled with the idea of potentially living outside US for up to 3 months. Alternative way was to start the GC processing ASAP which i have already done and when at the stage, apply for AP to avoid the long delay at consulate and travel back home for wedding.

Now seems like that if EB3 visa numbers become unavailable for a long time, i would be left with no other option but to take a chance of Canada for h1b stamping. Have you heard or had experience where people have received similar calls but yet managed to get the H1b stamp in 2-3 days?

Thanks

**Retro-affect** · 08-14-2007, 11:43 AM

Hi Kind_Heart,

Are you sure that they are willing to 'Stamp' you in Canada? I think they need you to go back to your country of origin to have the visa stamping now a days.

I also think that you can look into the respective embassy web sites to know the available dates and block time for interviews as well.

Please see the following web sites for detailed information on taking a risk of going to Canada for a visa stamping:
1. www.immigrationportal.com
2. www.immigrationvoice.org
3. www.murthy.com

All the best.

Thanks

**RationalE** · 08-14-2007, 11:53 AM

http://murthyforum.atinfopop.com/4/O...1&f=4724019812

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