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Mumbai Jan/Feb/March 2005 CP Interview
- Thread starter gc_come_to_papa
- Start date
averma
Can you please tell me where you read this. i want to talk to my lawyer about it. my lawyer think i should be ok since my case was an inadvertent case of an overstay and also i believe that its only after you overstay 180 days, you get into trouble. i overstayed about 100 days. can you please provide the source of your information.
thanks.
Can you please tell me where you read this. i want to talk to my lawyer about it. my lawyer think i should be ok since my case was an inadvertent case of an overstay and also i believe that its only after you overstay 180 days, you get into trouble. i overstayed about 100 days. can you please provide the source of your information.
thanks.
averma said:Nishokie,
If you over stayed then you can not take 485 route. You have to go through CP. It is clearly mentioned that if you over stayed then you 485 can be denied and they ask you to go to CP.
Averma
Nishokie,
Same is true with me. My previous employer told me that they had applied for visa extension, but they never did. Even 2 months after expiring my visa when my renewal did not come (they even not provided LIN#), it was sure to me that they were not telling me the truth. They did this to few other folks. I found a new employer and got H1 from them. When I went to stamp new H1, in the form I said that I over stayed. Consular asked me the details as why I overstayed. I had all the email communication from my previous employer to prove that I was not at fault. He was convinced.
When my I140 approved from my new employer, (my new lawyer is very experienced), she told that I can not go through i485 route. I did my own research mostly on state department's web site under visa sections. On one of thr form for 485 application it is very clearly written that if you overstayed the visa or I94 for whatever reason you can not apply for adjustment of status. You need to go through CP.
I will see if I can found that link. If so I will provide you with that.
Hope this helps.
AVerma
Same is true with me. My previous employer told me that they had applied for visa extension, but they never did. Even 2 months after expiring my visa when my renewal did not come (they even not provided LIN#), it was sure to me that they were not telling me the truth. They did this to few other folks. I found a new employer and got H1 from them. When I went to stamp new H1, in the form I said that I over stayed. Consular asked me the details as why I overstayed. I had all the email communication from my previous employer to prove that I was not at fault. He was convinced.
When my I140 approved from my new employer, (my new lawyer is very experienced), she told that I can not go through i485 route. I did my own research mostly on state department's web site under visa sections. On one of thr form for 485 application it is very clearly written that if you overstayed the visa or I94 for whatever reason you can not apply for adjustment of status. You need to go through CP.
I will see if I can found that link. If so I will provide you with that.
Hope this helps.
AVerma
Averma,
Thanks for your feedback. I had an overstay because my I-94 had expired for 100days and then later my lawyers caught the problem.
Here's my letter to the US Consulate in Mumbai when i applied for a renewal visa -
I have been working with ABC company since July 1999. I was issued my first H1-B visa valid from March 2000 to March 2003. In September 2001, while working in the U.S. in valid H-1B status, I was assigned a new position as a Product Development Engineer for ABC Company in Nashville, TN. A new H-1B petition was filed with BCIS and I was issued a new I-797A form confirming my temporary employment from September 2001 to May 2004 with the company. Upon entering the United States back from vacation in January 2003, I was inadvertently issued an I-94 with an expiration date of March 2003 (based upon the expiration date of my old H-1B visa) instead of the expiration date per the new I-747A form. During my entry I presented my passport and my new I-797A approval notice. As a result of this error, my I-94 card expired in March 2003, while I was present in the U.S.
While preparing documents for a revalidation of my visa, my company’s lawyers noticed the error and alerted me to the fact that my I-94 card had expired. I immediately departed the US to rectify the problem. Therefore, I am applying to the US Consulate in Mumbai for an issuance of a new H1-B visa based on my new I-747A form, valid from September 2001 to May 2004.
Do you think I was wrong here? Is this going to be a serious case considering that I did not overstay more than 180 days(which I know is a big problem).
I got my new visa re-issued without any problems, I wasnt asked any question by the consular officer because in the visa application form i said No to overstay because thats what the VFS people told me i.e. not put overtsay in the visa application form.
But do you think the consulate will look at my entry-exit dates more closely during the CP process. My lawyer its not going to be a problem if i go either way, i am not sure if she knows that i cant apply via i-485 way.
Please help. also do you think i will have a problem getting a GC?
thanks.
Thanks for your feedback. I had an overstay because my I-94 had expired for 100days and then later my lawyers caught the problem.
Here's my letter to the US Consulate in Mumbai when i applied for a renewal visa -
I have been working with ABC company since July 1999. I was issued my first H1-B visa valid from March 2000 to March 2003. In September 2001, while working in the U.S. in valid H-1B status, I was assigned a new position as a Product Development Engineer for ABC Company in Nashville, TN. A new H-1B petition was filed with BCIS and I was issued a new I-797A form confirming my temporary employment from September 2001 to May 2004 with the company. Upon entering the United States back from vacation in January 2003, I was inadvertently issued an I-94 with an expiration date of March 2003 (based upon the expiration date of my old H-1B visa) instead of the expiration date per the new I-747A form. During my entry I presented my passport and my new I-797A approval notice. As a result of this error, my I-94 card expired in March 2003, while I was present in the U.S.
While preparing documents for a revalidation of my visa, my company’s lawyers noticed the error and alerted me to the fact that my I-94 card had expired. I immediately departed the US to rectify the problem. Therefore, I am applying to the US Consulate in Mumbai for an issuance of a new H1-B visa based on my new I-747A form, valid from September 2001 to May 2004.
Do you think I was wrong here? Is this going to be a serious case considering that I did not overstay more than 180 days(which I know is a big problem).
I got my new visa re-issued without any problems, I wasnt asked any question by the consular officer because in the visa application form i said No to overstay because thats what the VFS people told me i.e. not put overtsay in the visa application form.
But do you think the consulate will look at my entry-exit dates more closely during the CP process. My lawyer its not going to be a problem if i go either way, i am not sure if she knows that i cant apply via i-485 way.
Please help. also do you think i will have a problem getting a GC?
thanks.
averma said:Nishokie,
Same is true with me. My previous employer told me that they had applied for visa extension, but they never did. Even 2 months after expiring my visa when my renewal did not come (they even not provided LIN#), it was sure to me that they were not telling me the truth. They did this to few other folks. I found a new employer and got H1 from them. When I went to stamp new H1, in the form I said that I over stayed. Consular asked me the details as why I overstayed. I had all the email communication from my previous employer to prove that I was not at fault. He was convinced.
When my I140 approved from my new employer, (my new lawyer is very experienced), she told that I can not go through i485 route. I did my own research mostly on state department's web site under visa sections. On one of thr form for 485 application it is very clearly written that if you overstayed the visa or I94 for whatever reason you can not apply for adjustment of status. You need to go through CP.
I will see if I can found that link. If so I will provide you with that.
Hope this helps.
AVerma
Nishokie,
I don't think there would be any problem either in my case or your case. But you never know... some times they create problem for nothing. There is nothing you can do. So I am taking it easy and its not afecting my routine in any way...
Things can go wrong with anybody. It happened with us due to no fault of us. If consular checks this history, he/she is sure going to ask us the details. We can explain. We do not have any thing to hide. He is not going to deny without asking the details. Once you present your case, any reasonable person will be ok with that. I am sure they will know from what you present that you did not mean it and it was just a technical glitch.
Don't worry. Just enjoy. That's all we can do..
I don't think there would be any problem either in my case or your case. But you never know... some times they create problem for nothing. There is nothing you can do. So I am taking it easy and its not afecting my routine in any way...
Things can go wrong with anybody. It happened with us due to no fault of us. If consular checks this history, he/she is sure going to ask us the details. We can explain. We do not have any thing to hide. He is not going to deny without asking the details. Once you present your case, any reasonable person will be ok with that. I am sure they will know from what you present that you did not mean it and it was just a technical glitch.
Don't worry. Just enjoy. That's all we can do..
gc_come_to_papa
Registered Users (C)
packet 4 still not received
waiting for P-4, parents got the duplicate from the consulate but i haven't received mine here. Sandeep or any late feb CP'ers have you received your P-4 from mumbai consulate yet
waiting for P-4, parents got the duplicate from the consulate but i haven't received mine here. Sandeep or any late feb CP'ers have you received your P-4 from mumbai consulate yet
gc_come_to_papa
Registered Users (C)
sam_a
No,
Your parents can pick the duplicate, they will mail the original either to your lawyer or to you
No,
Your parents can pick the duplicate, they will mail the original either to your lawyer or to you
averma - thanks and were you able to find that information about my ineligibility to file I-485 because of overstay? if you can just tell me the website where to look for, i'd appreciate it.
averma said:Nishokie,
I don't think there would be any problem either in my case or your case. But you never know... some times they create problem for nothing. There is nothing you can do. So I am taking it easy and its not afecting my routine in any way...
Things can go wrong with anybody. It happened with us due to no fault of us. If consular checks this history, he/she is sure going to ask us the details. We can explain. We do not have any thing to hide. He is not going to deny without asking the details. Once you present your case, any reasonable person will be ok with that. I am sure they will know from what you present that you did not mean it and it was just a technical glitch.
Don't worry. Just enjoy. That's all we can do..
Sandeep420
Registered Users (C)
I am also waiting for P4. Last time it came 2 weeks before my date to my USA home in sept04 but unfortunately i had to reschedule my interview. As per consulate, they already mailed my new P4 on Jan12th. hope it will come soon...
Sandeep420
Registered Users (C)
My wife was in her 7th month pregnancy. I wrote email to consulate with this reason & requested them to consider for Feb05.. No proof or no documents asked or needed. They accepted this request and sent me one line reply email. Its very simple i think..
hi averma,
this is the only thing i found on the ineligibility for filing I-485.
You may be ineligible for adjustment to permanent resident status if:
You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).[/I]
Certain foreign medical graduates, international organization employees and family members.
But none of this applies to me anymore because at one time i had inlawful presence but now i am lawfully present.....am i missing something.
this is the only thing i found on the ineligibility for filing I-485.
You may be ineligible for adjustment to permanent resident status if:
You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
You are the immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21 years old).[/I]
Certain foreign medical graduates, international organization employees and family members.
But none of this applies to me anymore because at one time i had inlawful presence but now i am lawfully present.....am i missing something.
averma said:
Usually more than 80-90% of the cases are family based. I think, originally that was the idea for CP. The fact that you can use for E category while in US is good and fortunate.nishokie said:quick question - i noticed that there were very few E1 or E2 and E3 applicants in the February CP interview list at bombay. so does that mean there arent many employment based applications that go through the CP process and its much faster than the I-485 process?
thanks
Thanks.
i am struggling a little bit on my decision whether i should opt for CP or I-485. i would like to go for CP because its quicker and also i have a case of inadvertent overstay beyond my i-94 date so i am really worried if its going to affect my GC process.
i just want my GC, man its been 2.5 years into the process and i am nowhere near.
i am struggling a little bit on my decision whether i should opt for CP or I-485. i would like to go for CP because its quicker and also i have a case of inadvertent overstay beyond my i-94 date so i am really worried if its going to affect my GC process.
i just want my GC, man its been 2.5 years into the process and i am nowhere near.
alren said:Usually more than 80-90% of the cases are family based. I think, originally that was the idea for CP. The fact that you can use for E category while in US is good and fortunate.
well my lawyer thinks it shouldnt be a problem as i dint overstay more than 180 days. he told me that i can apply for either way i like but i just recently learned from averma on this forum that i have to only apply CP and cant apply via 485 route because of my overstay.
alren said:That's a decsion you have to make weighing all the pros and cons. Though consult with the lawyer with your overstay before making any decsions.