Advice And Help

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sellapsx

Registered Users (C)
Hi ,
My wife got LC approved in June 2003, but she went on Vacation to India In May 2003. She tries to return to US in July, when she went to US Consulate for stamping they are not stamping and asking more documents like all w-2' pay slips, photos of the place of work, employer information... More over that 6 years of h1 for her expiring in Sep 2003. Right now she got stuck in India.
What are the suggestions from here? Can she come next year nd continue her 140/485....?
Please help.
 
Can she come next year nd continue her 140/485....?
Yes, But she might face same problem again after a year when/if she goes to consulate to get H1.
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Suggestion:
As you said LC is already approved, start I-140 process; try to gather all the document(s) consulate is asking for and let her try again.
 
sellapsx

Why don't you apply for I-140 & then go for CP if she is planning to comeback next year .. You may have GC by that time
 
Thx for the update.


For "usnycus"
I collected all the informations and sent to India. she is going to appear next wk in Chennai Consulate. Her 6 yrs of H1B1 period is ending on Sep 15 2003. [25 days left..]
Is it good to File HER I140 from India and CP..[EB3 Catogery]

For "gp111"
If she apply I-140 from India , can she concurentely file 485?
can she include dependant [it is me]. i'm worried about current rules and regulations in chennai consulate..

Any suggestions are welcome. Thanks in advance...
 
She cannot file I-140 from India; it is employer who files I-140 with BCIS not the employee

If you think she can’t reach US before September 15 then the employer also cant file for her H1 extension for 7th year as extension can be filed when you are in US. She may have to wait out side US if she does not get H1 visa. If she completes 6 years she cannot enter US for 1 year.
By law Employer can file I-140 for CP option but the trend is different, many I-140 are being denied in these kind of cases because BCIS wants that the person is not working with employer in US and is out of US they think that this person is going to take a job from US citizen, same trend you can see for RIR LC in many DOL RIR are being rejected.
You should immediately hire or involve lawyer that can write to consulate citing the law that she is eligible for H1 Visa

Many from Chennai side got H1 in past by submitting fraudulent education documents are responsible for this mess up you should curse them
 
Help

Thx for your advice.
Couple of things going around , that is US Gov is planning eliminate the H1B1 Programme from next year onwards. i'm worried about that.

Another question pl..
How do they calculate one year wait outside the country?
i mean the date that she left the country or the actual expiration of H1B1 date? [in this case may + 365 days or sep +365 days]

Thanks a lot in advance
 
Re: Help

I dont think they are eliminating the H1B program, yes some Senators are against it, but I doubt it will pass the muster in the house/floor. Then again, H1B extension does not depend on the H1B Quota, so extension should not be a problem.

I believe the they calculate 365 days outside US irrespective of H1 expiry, however it should probably be 365 days without a
H1B umbrella, visiting India (while still employed) may not start the 365 day counter.

001
Originally posted by sellapsx
Thx for your advice.
Couple of things going around , that is US Gov is planning eliminate the H1B1 Programme from next year onwards. i'm worried about that.

Another question pl..
How do they calculate one year wait outside the country?
i mean the date that she left the country or the actual expiration of H1B1 date? [in this case may + 365 days or sep +365 days]

Thanks a lot in advance
Click to expand...
 
sellapsx

365 day start from the day you leave USA and continuously stay abroad. If you enter USA anytime before 366th day, counter will start again. Also, after staying out of USA for a year, you need to apply for new H1 (not an extension).

As I said before, ask the employer to apply for I-140 (employer can do that even if she is not currently present in USA) and let her try again to get H1 stamped. Hopefully this time she will get the H1.
 
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Hi usnycus,
We submitted most of the documents to US Consulate.
like w2's, PaySlips,H1 copies, Employer Letter, employer information,tax id, photos etc. My wife appeared 4 times as of now she might go appearing once again next wk..
In one of the w2 she worked only 8 months cos she is out of job, and no payslip.. Counsler officer asking reasons for that. And for all the appearence they are asking more and more documents. For stamping they are drilling like this, and for 140 / 485 , i not aware of how many questions that they might ask. More over our process is EB3/RIR.
As you suggested her also employer gave the same suggestion as u did. Under current circumstances its is very though to make decesion.
Thanks a lot.
 
” In one of the w2 she worked only 8 months cos she is out of job, and no pay slip.. Consular officer asking reasons for that. And for all the appearance they are asking more and more documents.”

----------- It means she was out of status for 8 months, depends how she convinces Visa officer because benching is not allowed on H1b employer is supposed to pay the salary according to LCA. If she is lucky she may get Visa I see problems for her getting visa because many are facing the same problem in Chennai.

What is your status in US? Are you on H1B? If you are on H1b then after few months she should try to get H4 visa based on your H1 (if you have also problems about BENCH then again problems) and once she enter US on H4 she can file for Change of status from H4 to H1 once H1 approved she can start work and file for I-140 and I-485 in US.

**You should post this message in H Visa related threads many are facing this problem you can get more replies

http://www.immigrationportal.com/fo...ne=&forumid=186

http://www.immigrationportal.com/fo...ne=&forumid=188
 
Last edited by a moderator:
I'm in H1B1 Status, i came in H4 and converted to H1B1, another issue is i didnt get stamping on my PP for H1B1, if i go to India for stampign next yr. i guess i sould have the same problem.
i also started my LC about 5 months back. How does this help?
 
If you are on H1, she can also try to get H4; come here on H4; start 140/485 concurrently; apply for EAD and start working on EAD.
 
Fo H4 what documents that currently need? My concern is i don't have H1B1 Stamping on my PP. my stamping is expired.
 
I believe post 9/11, visa stamping must be done in the home country (3rd country stamping is not allowed), or a postal option to some location in US (not sure where)

001
Originally posted by rincytom
You may get it stambep without going outside US by sending it to seatle office(I am not sure about the address). But in this situation(I mean..since you need to try to bring your wife on H4), the best thing to do would be to get the stamping from Canada or Mexico.

note: Pls get the suggession fom other members also.



Fo H4 what documents that currently need? My concern is i don't have H1B1 Stamping on my PP. my stamping is expired.
Click to expand...
 
sellapsk;
for h4 she just need your i-797 send your 797 and copy of your new visa to india she can stand for h4
now for new h1b stamping u can send for revalidating your visa it takes 3 to 4 month in US u can stamp your new H!B visa in US too for that u need new employer petition and your new 797
don't make case complex just go step by step i think this way the she can come back

Originally posted by sellapsx
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Fo H4 what documents that currently need? My concern is i don't have H1B1 Stamping on my PP. my stamping is expired.
 
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