Discussion:
H1 Visa Stamping - 485 Pending - Same Employer
  Hi,
My 485 is pending (infamous FBI Namecheck) and I have got my approval for 8th year H1B. I was planning to go to Toronto for stamping btu when I was talking to my attorney she said a few things which made to ask these questions here.
First I hate going to Canada for stamping since I have to apply for Visa for myself and wife and take the kids to the counslate and spend two days there. I did it last time and since the kids are small it is a painful process. So I asked the attrorney what if I dont get the stamping for H1. She said you can use AP for your travel. I understand this and I think it is not a big issue. But my point is if I dont get stamping for this year,
1. Will I be able to apply for another renewal for H1 next year (Attorney said Yes, but I want to make sure)
2. What happenes if something happened to my 485 and I have to get stamping on my H1 after a gap of one year? Is there going to be any problem?
:confused: Thanks in advance.
Answer:
Guys and Gals,
Help please Please give me your opinions on this.
Thanks.
Answer:
You will not have any problem extending your H1 after using AP as long as you continue with your H1 employer. I got my latest h1 extension (9th year) after using AP. My last H1 stamping was 2 years before. I had 2 H1 extension(7th and 8th year) with out stamping.
As for 485 denial, I am not sure whether you can appeal a 485(I doubt it). If it can be appealed you can extend your H1 based on the pending appeal.
If it can't be appealed you can't extend your H1. I believe you immediately go out of status, since your one year extension is based on a pending 485
Answer:
Originally Posted by gc_mar_2004 You will not have any problem extending your H1 after using AP as long as you continue with your H1 employer. I got my latest h1 extension (9th year) after using AP. My last H1 stamping was 2 years before. I had 2 H1 extension(7th and 8th year) with out stamping.
As for 485 denial, I am not sure whether you can appeal a 485(I doubt it). If it can be appealed you can extend your H1 based on the pending appeal.
If it can't be appealed you can't extend your H1. I believe you immediately go out of status, since your one year extension is based on a pending 485 Thank you. Then I am not planning to get stamping. Thanks again.
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