2 Questions => Please reply (After 6 years)

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poppyjoy

Registered Users (C)
Hi,

1) My husband applied for a leave extension to be legally in status to get his seventh year H4...( I applied for seventh year based on my green card.. We have a tough query (asking to prove that the travel is for business). We are planning to wind up.. Is it ok to leave it with the petition unanswered or do we have to answer the query ???. If so, what to answer ... Any suggestions ....All the petitions are in the applied status ...

My leave extension (H1 Expired as of Aug, Labor Applied in October)
My 7th Year H1 & H4 for my husband ( Based on 365 pending labor = October 2001)
My Husband's Leave Extension (H1 Expired as of Aug).


2) What are the options for us to come back. My husband's current company is willing to sponspor either B1 or L1 if he is eligible. Can he come in thru L1 or B1.

Thanks
 
1) My husband applied for a leave extension to be legally in status to get his seventh year H4...
( I applied for seventh year based on my green card..
We have a tough query (asking to prove that the travel is for business). We are planning to wind up..
----- your question is not clear, I hope you are on H1 and your spouse was also on H1B and he consumed 6 years of H1B so you applied 7th year H1 and also filed for his COS from H1B to H4 based on your 7th year H1 extension application. If that is true then what kind of TAUGH query USCIS asked? They only need the evidence that LC for you was filed 365 days back and evidence is SESA or SWA receipt that lawyer gets after sending the LC from SESA or SWA that receipt will have LC PD, Case# employer name and your name as beneficiary, once they have this evidence of filing LC 365 days then normally they approve the 7th year H1 and you are in status after you get the filing receipt from USCIS for 7th year H1 extension and can continue working.” asking to prove that the travel is for business” they don’t ask for travel when you file 7th year H1, you have not applied for AP so that they can ask for travel. Why this question about travel? If you have RFE regarding 7th year H1 extension then take the RFE letter to lawyer and he should reply the RFE, I suspect more story to it, you should post your complete situation and the QUERY in detail to got good answer to your concern

Is it ok to leave it with the petition unanswered or do we have to answer the query ???.

------ if you want to live and work RFE has to be replied, if you don’t reply petition will be abandoned
If so, what to answer ... Any suggestions ....All the petitions are in the applied status ...

------ Write what is the query from USCIS, write what they are asking and the last date of query date to send reply. you will get answers from others and me

My leave extension (H1 Expired as of Aug, Labor Applied in October)

----- Question not clear, do you mean you were on leave when you sent 7th year H1 extension? When did you take leave? How many days? Was it unpaid?
If your H1 expired in august and I-94 also expired in August then you can not get 7th year H1 extension, one needs to be on H1 status when 7th year H1 extension is filed
My 7th Year H1 & H4 for my husband ( Based on 365 pending labor = October 2001)
My Husband's Leave Extension (H1 Expired as of Aug).


2) What are the options for us to come back. My husband's current company is willing to sponspor either B1 or L1 if he is eligible. Can he come in thru L1 or B1.
-------- Please answer:
When did your H1 expire or I-94 expire?
When did you file 7th year H1 extension? Did you attach evidence that LC is pending more than 365 days
When your husband H1 expired, if he was on H4 when did his H4 expired
If he was on H1 did he file Change of status to H4 before his H1B expired?
What is the current status of your husband?
Did you receive 7th year H1 filing receipt?
What is the query from USCIS?
Have you or your husband been out of status in past?

Have you gone to your lawyer? what kind of advice he/she gave you.
 
This is my situation ...

1) My 6 years has got expired as of Aug 2003. I applied my labor in October 2002. To get the seventh year extension based on 365 days law, we have to be in status till October 2003. So I applied for leave extension from August 2003 to be in status from Aug 2003 to October 2003 and also applied a seventh year extension as of October 2003 (for me and a H4 for my husband) . My Seventh papers are still in process but I got a query for my leave extension and I have answered that....

2) My husband's six years also expired as of Aug 2003.. We applied a leave extension also for him upto October 2003, to get his seventh year H4 thru me. He has got a query to prove all his holidays outside India to be official and we have to answer that by March 6,2004.

My question is
===========
We are thinking of 2 options ..

1) Either wait for my seventh year reply or Wind up and go back to India.

2) Do we have to def answer my husband's query, if so can you give some information.

3) What are the options of us coming back other than coming back afer a year. My husband has a job ....

Hope my situation is clear ....
 
My lawyer is of no use and my employer is my friend. So I need some advice..


Any help would be appreciated ...
 
Your situation is beyond free advice, one needs to check all your paper work, receipts and the RFE,/query . go to other good lawyer if your present lawyer is not good, your situation needs to be analyzed by good lawyer
 
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