Best Option, please

D

dbalu

Registered Users (C)
My sixth year H visa expiring on Sept 15, 2003. I applied for GC last Dec 12, 2003. However, I received a notice of decision on the premium processing last week ignoring my 160 days of recapture days stating that I did not stay one year continuously outside the country These were the days I was out of the country last 6 years during my H4 and H1 visa for several court hearings in India, however not continuous stay.

1) Isthere any " motion of pending adjudication of my GC will enable me to continue working or stay in the country legally"? Or working in my branch office in Bangalore for a year and returning back in H1 is considered by my company.
2)However, returning in H1 next year may be risk taking one as I have to go thru the interview in India. Will my chances of my rejections in H1 stamping higher as I my Green Card is in process.
3)My husband needs another 2 years for his citizenship. I have two young sons who are UScitizen, nothing helps for a spouse to stay

Thanks for your advise.

Devi
 
Sorry to hear about your news. Here is my opinion/suggestion.

1) There is no need to stay one year in India. Since you applied for Labor in Dec 12, 2002, you can apply for 7th extension on Dec 12, 2003. If you apply for the extension through premium processing, you can come back to US in Jan, 2004.

2) You applied for recapturing the days, How BCIS is saying that you did not stay one year outside US (They might be assumed that you applied for new H1B process).

3)How long you were in H4 status? How many days you were out of US while in H4 status?(I think BCIS will grant the extesion for H1B visa period only, Also BCIS will grant the extension, if you are out US for minimum 30 days for each trip).

Could you please write the documents submitted to BCIS?

Hope it helps.

Thanks,
Ashkar.
 
Thanks for your response, however please see below fo rmy comments
1) Thats a big news for me. I will check the immigration sites or lawyers. If anyone is oding this , please let me know

2)BCIS has informed that as a Notice Of Decision saying that I DID NOT STAY CONTINUOSLY FOR ONE YEAR OUTSIDE THE COUNTRY.There is no way they can think about a new H1 extension, as I applied for recapture days along with my H1 extension.

3) 2 years in H4 visa. For 100% sure, H visa 6 year period means H1 and H4 visa. Thats what even I and th elawyers were thinking as the laws are not clear for the recapture days. So, made a decison as I did not stay continuosly outside the country for one year. All relevant documents in detail were sent by a leading lawyer.
 
Thanks for your reply.

1) I got the news from my Lawyer only. You can check with your Lawyer also.

2)Costly Idea: Why don't you try with other BCIS service center? Did you submit the letter from your employer to BCIS? (Which is saying that you were out US for *** days, that days your clients work were interrupted).

My H1B 6 years will expire in next month and my Lawyer is planning to apply for recapturing for 64 days. He told me to get the above letter from my previous employers.

Thanks,
Ashkar.
 
1) ok. Thanks
2) I can do that, but I am concerned that my status will be considered illegal stay if the results of the petition is negative.

3)Yes! I did. I also submitted papers which said clearly that I went to India for court cases. Anyways Good luck to you. If your lawyer is in Dallas, Texas, please send me his details to my email address at yagna@yahoo.com. Thanks!!!
 
You must log in or register to reply here.
Top