Consular Processing (New Delhi)

How do you find that case has been entered by Consulate?

Hi Guys,

My case has been sent to the consulate, updated the CPTracker.

I saw Pitamber and Rajeev have also entered dates for "Entered the system in Consulate". How did you find that?

Also have you guys already got PCC?

CPFromDelhi
 
cpfromdelhi:

The only way to know if p3 has been entered in consulate system is by calling/ visiting consulate and asking the telephone operator / person at the information desk by providing either NWD number/ first name & last name of the primary candidate!
 
Thanks KD1403!

Thanks KD1403! I have seen lot of answers to the forum members!

May I ask you about following issue?

Want to get an opinion on if my wife was out of status or not in past.

What happened when I changed a company in US I got a new visa but did not apply for new H4 for my wife. She still had valid I-94 that she got the airport while entering US. Then before her stamping expired, a day before I file for my H1 extension and new H4 visa for my wife.

While processing for H1 and H4 were underway I got an RFE and before we could respond the company closed the shop. I joined another company the next business day and filed for new H1 but did not file for H4.

After couple of months I realized this and filed for H4. INS approved new H1 and H4 from the starting date of new company.

Later we went to India and got new Visa's stampled.

Do you think that my wife was out of status and can that be an issue at the CP Interview?
 
CPFromDelhi,

I tried calling the Embassy but got the person at a especially grouchy time.
However, they replied to my email within an hour. I got the date through my lawyer.

Yes, I have got my Police Clearance Certificate from San Francisco Consulate.

P_L
 
cpfromdelhi:

Assuming that you have provided all information. It appears that your wife was out-of-status. Not sure how you managed to remember to apply for your h-1 but forgot to apply for your wife's h-4 and that to 2 times. Anyway it MAY become an issue if your spouse was out of status for more than 180 days. But at the same time the fact that the USCIS issued and consulate stamped the new h-4 means that everything is squared away. How long was wife without a visa?
 
Let me give more details and so that you can provide your opinion for each period:

1) When I first changed my company from A to B my wife had valid I-94, my understanding at that time was that wife's visa does not require a renewal just because I am change the company because she is dependent on me and company has nothing to do with it. This was about 2 years long. I "think" (some how unable to find the article) even INS said there is no need to file for H4 primary visa holder (H1) is just changing the company. Let me know what you think about this time period?

2) Then before my H1 expired and my wife's I-94 expired we filed for extension for both me and my wife H1 and H4 respectievly. So during this time again we were in status. Right?

3) Now before our extensions got approved an RFE was issued and before we could reply to RFE the company went down. The next business day I filed for H1 from another company and started working for new company. This time I thought that I already filed for my wife's H4 who is dependent on me. Later I thought let us file for a new H4 anyway. This time the gap in joining a new compnay and filing a new H4 was about 1.5 months. But the H4 was approved by INS from the date I joined this new company. So in affect my H1 and H4 approval effective dates are same. So I do not think she was out of status from new company joining date to the time we filed for another H4 because the approval was effective from the date I joined the company. Right?

4) Later on we got another approval of H1 and H4 from another company and got Visa stamping from consulate in Delhi.

Given these details let me know what do you think.
 
CPFromDelhi said:
Let me give more details and so that you can provide your opinion for each period:

1) When I first changed my company from A to B my wife had valid I-94, my understanding at that time was that wife's visa does not require a renewal just because I am change the company because she is dependent on me and company has nothing to do with it. This was about 2 years long. I "think" (some how unable to find the article) even INS said there is no need to file for H4 primary visa holder (H1) is just changing the company. Let me know what you think about this time period?
Click to expand...
You are fine here.
2) Then before my H1 expired and my wife's I-94 expired we filed for extension for both me and my wife H1 and H4 respectievly. So during this time again we were in status. Right?
Click to expand...
You are fine here.
3) Now before our extensions got approved an RFE was issued and before we could reply to RFE the company went down. The next business day I filed for H1 from another company and started working for new company. This time I thought that I already filed for my wife's H4 who is dependent on me. Later I thought let us file for a new H4 anyway. This time the gap in joining a new compnay and filing a new H4 was about 1.5 months. But the H4 was approved by INS from the date I joined this new company. So in affect my H1 and H4 approval effective dates are same. So I do not think she was out of status from new company joining date to the time we filed for another H4 because the approval was effective from the date I joined the company. Right?
Click to expand...
You are fine from the day you joined your new co. But how much was the gap between your 1-94 expiry and the new co. joining date?
4) Later on we got another approval of H1 and H4 from another company and got Visa stamping from consulate in Delhi.

Given these details let me know what do you think.
Click to expand...
 
cpfromdelhi:

I concur with alren on all the points.

As alren pointed out and I did in my previous posting, you have not answered the primary question: " How long was your wife out-of-status". If greater than equal to 180 days then RED Flag!
 
KD1403 and Alren

Thanks guys for replying to the queries!

In my opinion my wife was out of status for any time so I am not sure how to reply when KD is asking how long she was out of status. And I posted this query to find out if my understanding is correct or not. So KD please let me know what are the events between which you think she was out of status.

For Alren's question:
You are fine from the day you joined your new co. But how much was the gap between your 1-94 expiry and the new co. joining date?

The gap between expiry of I-94 and new co. joining date the difference was 4 months. But my opinion is she was in status because we filed for extension before I-94 expired, there was no RFE for her and we got new approval.

Let me know what you guys think.

(PS: Why there is red circle in front of my name every time I post a query?)
 
cpfromdelhi:

The best way for you to calculate out-of-status days is the number of days acrrued after a VALID I-94 expired and new Visa was not filed prior to such valid I-94 expiration. Not knowing the exact dates which you do, all i can say is out-of-status exceeding 180 days is a RED Flag. I guess knowing the definition of out-of-status from above you should be able to calculate.

The red dot next to your name is whether then person is online/ offline!
 
KD1403 and Alren

Thanks both of you for reply!

KD, we filed for extension of H1 for me and H4 before I-94 expired for my wife. Then while we were waiting for approval of extension, RFE was issued for my H1, before we could respond the compnay closed and I joined new company and filed for H1 and H4 again and got approval from the date I joined new company.

So I think she was not out of status even for a day. But to be on safer side I am going to talk to an attorney.
 
KD1403 and Alren

Thanks both of you for reply!

KD, we filed for extension of H1 for me and H4 for my wife before I-94 expired for my wife. Then while we were waiting for approval of extension, RFE was issued for my H1, before we could respond the compnay closed and I joined new company and filed for H1 and H4 again and got approval from the date I joined new company.

So I think she was not out of status even for a day. But to be on safer side I am going to talk to an attorney.
 
cpfromdelhi:

ASSUMING your last posting is correct the way it is phrased, then neither of you have been out-of-status for a single day. Anyway, since neither of you have accrued more than 180 days you should be safe as far as CP interview is concerned. But it is always good to get a 2nd opinion by asking a good attorney!
 
Need Advice

Guys

I need advice from Guru's.

Seeing at backlog, I am opting for AC-140 consular processing at NWD. My I-140 got approved in April.

My lawyer has applied for I-824 this week. Should I expect receipt in what 2 weeks ?
Also I have question reagrding endorsement on the passport. All the names like Spouse name, fathers name etc. does not have last name. My passport is under name (say) Mohan Kumar Khosla. But endorsement in my wife passport says Mohan Kumar. Similary for wife's passport, name (Bina Devi Khosla) but endorsement in my passport says Bina Devi. Also in my son's passport , fathers and mothers name are Mohan Kumar and Bina Devi. Do you think consulate will object to that ? should I get it changed ?

thank you guys for help.
 
gchope2166 said:
Guys

I need advice from Guru's.

Seeing at backlog, I am opting for AC-140 consular processing at NWD. My I-140 got approved in April.

My lawyer has applied for I-824 this week. Should I expect receipt in what 2 weeks ?
Also I have question reagrding endorsement on the passport. All the names like Spouse name, fathers name etc. does not have last name. My passport is under name (say) Mohan Kumar Khosla. But endorsement in my wife passport says Mohan Kumar. Similary for wife's passport, name (Bina Devi Khosla) but endorsement in my passport says Bina Devi. Also in my son's passport , fathers and mothers name are Mohan Kumar and Bina Devi. Do you think consulate will object to that ? should I get it changed ?

thank you guys for help.
Click to expand...

No. You should be fine about the names in the passports.

Raju
 
gchope:

Expect I-824 receipt in about 2-4 weeks from the date of application. Raju has answered your questions around endorsement.
 
Kd1403

Kd, Thanks for the reply for my last post!

Want to let you know that I appreciate your spending time and helping me for these issue!!

Thanks to Pitamber, Rjain and Alren too!!

Will keep posting, I will be getting PCC from Indian consulate soon.
 
gchope2166,

As Raju and KD have written you should be fine with your passports.
However, if the same is the case with your birth certificate and marriage certificate then you MIGHT need additional evidence (e.g. in the form of your school leaving certificate)

P_L
 
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