Hi experts,
I am H1-B holder, completing 6th year on 14 September'2005 and already got
7th year approval which is valid from Sep/15/2005 to Sep/14/2006. I got my
green-card labor and I-140 approved but can not file for I-485 due to
unavailability of green-card for India born EB3 workers.
My H1-B stamp is valid until Sep'2005 but that of my wife (H4 visa stamp) is
expired one year back. We both have valid I-94 for whole duration, this is
just her visa stamp which expired.
We want to visit some relatives in Canada in August and want to know.
1. My visa will be valid until Sep'2005 and new H1 approval is from
Sep/15/2005 to Sep/14/2006. Can I get new stamp in Toronto? My point is,
that in August my new approval may not be valid as it is effective from mid
September.
Q1. Do I need stamping? If I am returning back while my existing H1 visa is
valid
Q2. What if I apply for stamping and they refuse, will my existing visa will
also be in trouble?
Q3. What are the chances of getting the visa stamping done in a foreign
country.
2. My wife's visa is expired, so she definitely needs stamping in Toronto
before we can come back to US. Her existing H4 approval (and I-94) is valid
until Sep/14/2005 and also a new approval (and I-94) is valid from
Sep/15/2005~Sep/14/2006.
Q1. How long her new visa will be valid ? based upon existing approval in
that case it will be valid for just one month OR it will be valid until
Sep/2006?
Q2. What are the chances of rejection? In that case she need to go back to
US embassy in New Delhi before coming back to US.
Thanks for reading this, any help is appreciated.
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