H-! Visa revalidation refusal

I

iamsaif

Registered Users (C)
I have applied for my H-1B visa revalidation but I got refusal by giving standard reason that “You are not applicable for visa revalidation at this time pleas reapply from any foreign country".
Some of my friends also got refusal by giving the same reason that is their standard format they send to every one. My problem is I need to go back to my country and I hear that there is backlog of 3 to 4 month in my country for visa stamping. Some of my friends has gone their and they haven’t got their passport yet after passing the 3 or 4 months of course my employee cant bear this. I want to get lesson from their experience but I really need to get marry their and comeback to my work. One option I have is that I have my I-140 Application pending my employer said that he can get AP for me so I wouldn't have to go to the US embassy their and I can get back safely. But my question is that if I'll go on AP and get marry in my country how would I get my wife here. Obviously I wouldn't be able to get her on H-4 so how long would it take to get her here in US. Would she get GC with me? What would be the best option for me? Kindly let me know as I need to decide some thing ASAP.

Saif
 
“One option I have is that I have my I-140 Application pending my employer said that he can get AP for me so I wouldn't have to go to the US embassy their and I can get back safely. But my question is that if I'll go on AP and get marry in my country how would I get my wife here. Obviously I wouldn't be able to get her on H-4 so how long would it take to get her here in US. Would she get GC with me? What would be the best option for me? Kindly let me know as I need to decide some thing ASAP.
----While I-140 is pending you cannot get AP, you have to file I-485 and with that you can apply for AP and EAD your can use the I-140 filing reciept to file I-485. AP is taking 3-4 months depending on service center, if I-485 filed you may get AP from local BCIS office and may have to show emergency to visit your home country
 
Thanks for the reply
Getting AP is not my issue. My employer can file I-485 concurrently and I am not in hurry I can wait till I get my AP but my question is how would I get my wife here in US.

Thanks
Saif
 
One can try to get H4 visa without having a H1 visa. In countries where additioonal processing time is taking place for security reasons, they do approve H4 without delay and without H1 visa stamp (although you would have used AP).

But whether that will work in your case (US consulate in your country's practice, visa officer's mood) is a different matter altogether.

Check the archives, I remember seeing somebody posting a successful experience in a similar case here about 1-2 months ago.
 
You can come back using AP and can still maintain H1 status with your employer (do not use EAD for work with any employer) and your wife can get H4 visa based on your H1 approval notice even if takes 3-4 months she can enter later then once she reaches US you can file her I-485 with your I-485 filing receipt. Seek the legal advice from competent lawyer
 
Ginnu:

My understanding is that if you use ur AP then your H-1 will be invalid let me know if I am not correct. If my H-1 will be invalid then how can I get her on H-4.

Thanks
Saif
 
Last edited by a moderator:
Thanks Ginnu

I am still not sure about that statment. I have discus this with my employer he said once you entered in US on parole you status would become parole and your H-1 will be invalid. Because once I'll use my AP then I'll get my I-94 based on the AP I dont know how would I comeback to H-1 status again. If what you said is realy true then its a big hope for me. The link you sent me is dated May 2000 and ofcourse you could'nt comapre that situation with todays.

Thanks
Saif
 
Your employer is wrong the Memo I posted is the only latest Memo by INS (now BCIS) no new memo was issued after these memos by BCIS regarding H1, AP, EAD so they are effective. Take the printout to your lawyer not to employer he/she may be able to inform you if any latest development in this regard. Don’t believe the employer believe in lawyer
 
HI,

can u please tell me..if st. louis does not stamp it...do theyjust send a letter to get it done in ur country or do they put some stamp also......pl. let me know it is urgent...appreciate it..

:)
 
Yes they put a stamp on my previous visa " Cancelled without Prejudice". I think that shows that how much prejudice they are.
did they stamp ur passport too?

Goodluck and dont worry much.

bye
 
Hi WantGC,
Recently my passport was returned to me saying that they needed some missing documents and asked me to resubmit it again.

They did cancel my eairlier expired visa stamp by putting "Cancelled without Predujice".

I believe that is not going to affect anything.

I myself am sending it back for the revalidation stamp.

Regards,
Kas.
 
You must log in or register to reply here.
Top