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7th yr H1 during CP...

Discussion in 'Consular Processing Issues-Immigrant Visas (Green ' started by go_lakers, Mar 19, 2003.

  1. go_lakers

    go_lakers New Member

    This is for a friend of mine, here are his details
    - I140 approved mid 2001
    - Started CP end 2001
    - 6th yr H-1 expired Dec 2002
    - Re-entered US end Dec after marriage
    - Before entering US after marrige, he got his H-1 stamped and got a valid I-94 till Dec 2003.
    - His wife's H4 was also approved.
    What is his current status and what are his options? If he is out of status now, will he have problems in his CP interview?
    Appreciate all input.
  2. Rajeev Kumar

    Rajeev Kumar Registered Users (C)

    When did he leave the country?

    If he overstayed, it may be an issue for Adjustment of status, but not necessarily for CP. He should contact an attorney for clear guidance.
  3. go_lakers

    go_lakers New Member

    He left sometime in November 2002, and returned to the US after his wedding. They entered US just a few days before the end date of his 6th hyr H1. Actually he also got his current H1 visa which is valid until Dec 2003 stamped while he was in India. His wife also got her H4 stamped just a few days before enetering the US. At the port of entry the officer gave him a valid I-94 until Dec 2003.
    Thanks for your reply.
  4. cpDelhi

    cpDelhi Registered Users (C)

    In status

  5. Rajeev Kumar

    Rajeev Kumar Registered Users (C)

    From the data you have presented, your friend and his wife are still in status. But why haven't they scheduled their CP interview yet?
  6. go_lakers

    go_lakers New Member

    He has just received his packet3 and will be sending it out soon. The only doubt is he has already been here for 6+ years and there is a definite 6 yr limit on H1? They don't want to take a risk by going for the CP interview and finding out that they were out of status from Dec 2002. In such a case will his GC be denied in the CP interview?
    Thanks for your replies.
  7. cpDelhi

    cpDelhi Registered Users (C)

    CP process will take time

  8. Rajeev Kumar

    Rajeev Kumar Registered Users (C)

    I agree with everything CPDelhi says except....
    If your friend is out of status, AOS will not work because even in the final stages, INS can question status violation and deny PR status. However, CP is safer because the consular officer does not have discretionary powers to deny PR status unless fraud/health issues/terror concerns are at play. Check with a lawyer and browse Ron Gotcher's website for more info.
  9. go_lakers

    go_lakers New Member

    Thanks Rajeev and CPDelhi for your input.
  10. cpDelhi

    cpDelhi Registered Users (C)

    All consular/visa officers have same discretionary powers

    Last edited by a moderator: Mar 20, 2003
  11. Rajeev Kumar

    Rajeev Kumar Registered Users (C)

    Last edited by a moderator: Mar 21, 2003
  12. cpDelhi

    cpDelhi Registered Users (C)

    84% percent AOS denial-- Hard to believe

    In the URL posted on this thread, its very hard for be to believe the statement made by Ron stating that "There is 84% denial rate in AOS for last 20 years in EB category". I don't have statistics or data to disprove it. But by just with the information flowing around, it's very hard for me to believe the truth/reality in Ron's statement. I smell someting in the way Ron(an Attorney) has stated/represented some info from the archives.


    I am in no way a legal immigration law expert or a paralegal or an attorney. These are just my individual thoughts based on my knowledge and experience.

    Thanks & Good Luck.
    Last edited by a moderator: Mar 21, 2003
  13. rahul07

    rahul07 Registered Users (C)

    Any idea - What kinds of checks at performed at Consulate?

    Marriage Certificate?
    Previous employment - calling employers ?
    out-of-status ? how do they do this ?
    empoyment verification?
  14. Raju595

    Raju595 Registered Users (C)

    84% denial ?????????????

    My thoughts are same as you guys,

    Wait a minute !!!

    84% denial ???. I do not believe this, and I do not have any
    proof to support my theory.

    I would like to view the URLs inserted, but not able to navigate
    to them.

    I too would like to hear about the kind of checks made by the
    Consulate , just like rahul07.

  15. cpDelhi

    cpDelhi Registered Users (C)

    Consulate checks

    Most of the checks(name/fraud/FBI/employment/etc) are already done in US before the cases are sent to US Consulate in the individual's home country.
    Last edited by a moderator: Mar 21, 2003
  16. Rajeev Kumar

    Rajeev Kumar Registered Users (C)

    Ahh.. just back from a short vacation..

    The 84% rejection rate for EBs was hard to believe for me too. However Ron seems to be quoting INS figures. Before vilifying him or questioning his motives, remember that he is the only immigration lawyer that has provided prompt and free legal advice to thousands of immigrants. Even if you take that figure with a pinch of salt, the rest of the arguments in the threads show the benefits of CP. In some other posts, he has maintained that if your CP is 'rejected' for whatever reason, you would have surely failed to do AOS. Since every law needs to be interpreted by an officer, there is a huge variation in how INS/Consulate interacts with us. My attempt was to dispel any myths from a would be CPer's mind.

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