Immigration Issues/H1B Visa stamping


I am an Indian citizen. I have my BS, MS and PHD from India. Currently I am an assistant professor in the University of Texas in the department of Mathematics with H1B visa. I am married with two sons. My wife and my older son are on H4. My wife has a MS in Zoology from India.

My H1B visa was initially issued from Mexico and first subsequent stamping was also from Mexico. My current visa is supposed to expire on May 31, 2009. I have an approved I-797 petition valid up to May 31st, 2011. This year I am supposed to go India with my family for my second subsequent visa stamping.

Recently, I came to know about the security check delays (Technology Alert List or TAL delays) in the areas of STEM (Science, Technology, Engineering and Mathematics). These delays are on an average 4 months or so. In some cases, it is even more.

I am just wandering whether I or my wife will be going through such delays if we go for stamping. My wife is not working right now, but my job may be at stake if we lose 4 months or more in the process.

What would you advise? Should we go? Will it be safe if only my wife travels with the kids and I stay back?

I will appreaciate your kind reply.  

It would be safe for your wife to travel but I cannot give you any guess on whether or not you would be delayed due to security checks.  As you know, it is in the discretion or the security officer.  I have not come across an instance where there has been such a delay for a University Professor.  Further, the TAL alert list does not show mathematics as a subject of interest but would depend upon the type of subspeciality research you are involved.  Thus, my best answer at this time would be that the safest route is not to go.

I would also be interested in your credentials.  As a college professor you are probably eligible for filing either an EB1 or EB2.  With the filing of the first preference your could also file for an Adjustment of Status and receive an Advanced Parole which would give you the ability to reenter the US. My firm is very experienced at this practice and have an unmatched success rate.  Please feel free to email me your resume with a biography list of your publications and presentations to evaluate your chances on success.  You may email me directly at:
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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