Posted by Nirav Mamdani from IP 71.103.228.152 on July 01, 2006 at 11:51:35:
In Reply to: COS to NIRAV posted by Dicky on June 30, 2006 at 13:44:55:
My friend, your case is little complicated and you have limited options. I think the option that your attorney suggested is not bad, you certainly can do that; there are only two issues with your attorney's suggestions:
1. Getting an early date for visa interview in the home country. One option would be to try to get a date in Canada or Mexico, but there may be some risk in going to those consulates as they will look at your application with suspicion due to withdrawal of COS etc. and may ask you to go to home country anyway.
2. Even at the visa consulate in home country, you may be questioned about visa extension and change of status application. You have to be tactful there.
Your stand at any consulate should be:
" you asked for visitor visa extension (with valid reason) and it was pending, while you got your H visa approved and so you withdrew that application for extension but due to that your COS did not come and so you are at the consulate to get the visa stampped" And yes, make sure to withdraw the extension of stay application before going to the consulate.
This would be easy if you took visitor visa for Step2 CS or for interviews; that will automatically prove consistency in the case that now you got your residency and so need different visa.
Eventhough it is a complex situation, I think your lawyer's advise is reasonable and probably the best way (other option is to wait for your extension applicatin to come through and then push COS, but if the extesion is refused, you will have to go back to home country for visa anyway as they will not apporve COS in that case. This option is only advisable if you your extension app is likely to comethrough in very near future (like few days or so; you can check it in processing times on USCIS website) and also you have more than reasonable expectation to get it approved).
All in all, a lot will depend on luck.
GL