Philadelphia Backlog Elimination Center Tracking

No you dont visa stamped in your PP

All that is required to revalidate the visa is her notice of action and all the supporting documents from you. Typically those include letter from your employer, your bank statements, if you own a house jointly (deed of the house showing yours and her name), anything else you can think of etc.

You do not need to have a visa stamped in your PP for her to obtain a visa. Now whether it will get revalidated or not, thats anyone's guess.
Hope this helps. Remember I am not an attorney, if you want professional opinion on the matter please contact a professional attorney.
Thanks,
frog

tot-batot said:
Guys
I know that I am in the wrong place to ask this question, but I have tried the relevant threads but not able to get any answer yet for this questions. I really appologize for any inconvenience, really appriciate anybody response on this one

I am here in H1 for the last 5 years, got married in december 2002 and wife came to US in november 2003 on H4. 7th year extension filed in April 2006 and got extension till June 2008 (my lawyer able to capture the time when I was not in US). My wife wants to visit pakistan with our new born, her H4 visa expired on the passport same as mine but we both have our new notice of actions till june 2008.

My question is will she be able to get her visa revalidate in Pakistan, since I am not going back with her cuz of the extremely long background check etc. Is it necessary that I have to have my visa stamped on my passport to get her visa stamped or she can just get it based on hers and mine notice of action which is till June 2008.

Also if anybody has any similiar experiece in islamabad embassy.

I really appriciate your help

Thanks
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the officer

My NOF is from this Barabara Shelly too.
Anybody else?

pd111 said:
Hi Gurus and Everyone -

I got a NOF because I possess 3 (Bachelor Science) + 2 (Master Science) and the job requirement was BS in Engineering

Also the 2nd reason that we rejected 28 people during screening interview process but no detail was given for 24 of them.

My lawyer sat on the NOF and replied on the last day citing the Educational Evaluation that says the (3+2) education is equivalent to BS in Computer Science and my company could only provide the names of rest 24 people with the rejection reason but not the resumes as they have asked.

This is from Certifying Officer Barabara Shelly.

I know that the 5 year education is accepted in any University here in US as 4 year degree equivalent and our company has done due dilligence in screening but the lawyer is not so good as I would expect in reprsenting the case.

What are my options now that the last date has gone and my lawyer has responded?

Should I send another addendum with more educational evaluations?

I am already on 7th year extension.
Should I apply PERM immediately? 8th year exension?

Should I go for an approved labor substitution? Any help appreciated!
Click to expand...
 
Conversion cost - Non RIR to RIR

Hi Gurus,
Anyone is aware of the cost of conversion of the LC case from type Non RIR to RIR????

-R
 
USCIS Director Updates Backlog Elimination as of September 2006

Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:

o Total Pending Cases: 1,131,333
o Cases Pending Customer Follow-Up Action: 200,828
+ RFE or Fault in Initial or Other Required Documentation: 187,457
+ Others: 13,371
o Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
+ Family Based Cases: 682,936
+ Employment-based or Other: 110,786
o Cases Pending Other Agency Action: 136,763
+ 4,905: Other Agencies Investigation Result Waiting
+ 130,091: Interview Completed but Waiting for Name Check Clearance
 
Originally Posted by pd111
Hi Gurus and Everyone -

I got a NOF because I possess 3 (Bachelor Science) + 2 (Master Science) and the job requirement was BS in Engineering

Also the 2nd reason that we rejected 28 people during screening interview process but no detail was given for 24 of them.

My lawyer sat on the NOF and replied on the last day citing the Educational Evaluation that says the (3+2) education is equivalent to BS in Computer Science and my company could only provide the names of rest 24 people with the rejection reason but not the resumes as they have asked.

This is from Certifying Officer Barabara Shelly.

I know that the 5 year education is accepted in any University here in US as 4 year degree equivalent and our company has done due dilligence in screening but the lawyer is not so good as I would expect in reprsenting the case.

What are my options now that the last date has gone and my lawyer has responded?

Should I send another addendum with more educational evaluations?

I am already on 7th year extension.
Should I apply PERM immediately? 8th year exension?

Should I go for an approved labor substitution? Any help appreciated!
Click to expand...

Holy Cow, this is bad news, they are issuing NOF's for 3+2 year degrees now?

I can almost see it coming my way - I have the same education level and the filing is EB2 - MS + 0. We only got may be 8-10 resume's in response to the AD and 2 were interviewed, I think.

The HR person at my company at the time was dumb as bricks and my lawyer actually had to tell her a few times on how she needed to submit recruitment information, but I am sure she still managed to F*ck up at many places.

I remember her sending the lawyer a spreadsheet with 2 columns, 1 with the name of the person and other column had status which basically said rejected, interviewed etc and that is what she sent to the lawyers office as final report. He promptly rejected it and asked for more detailed information, Thank God he did.

In any case, it does not look good reading about all the NOF's especially related to one's education.
 
eefrog said:
All that is required to revalidate the visa is her notice of action and all the supporting documents from you. Typically those include letter from your employer, your bank statements, if you own a house jointly (deed of the house showing yours and her name), anything else you can think of etc.

You do not need to have a visa stamped in your PP for her to obtain a visa. Now whether it will get revalidated or not, thats anyone's guess.
Hope this helps. Remember I am not an attorney, if you want professional opinion on the matter please contact a professional attorney.
Thanks,
frog
Click to expand...
eefrog.. One of my friends case was exactly like tot-batot.. Both husband and wife had expired visa on their passports. The husband was in the US and the wife recently went to the US embassy in India to get her passport stamped. They refused to stamp her passport saying that since the husband's visa was not stamped in his passport. What he told me is that somewhere in the list of documents that are required for stamping it states that a copy of the visa stamp of the primary H1 holder should be enclosed. So as my friends visa had expired they refused to give his wife a visa. So the husband had to go to Canada and get his visa stamped on the passport and then send all the documents to his wife in India. This is NOT to alarm anyone of you. This is what he had told me. I would check/re-check with the lawyer and the US embassy to find out all the documents that will be required just to be sure.
 
Thanks GCVARUMA

Thanks for sharing the details of your experience, hope this will help TotBatot and many others.
frog

GCVARUMA said:
eefrog.. One of my friends case was exactly like tot-batot.. Both husband and wife had expired visa on their passports. The husband was in the US and the wife recently went to the US embassy in India to get her passport stamped. They refused to stamp her passport saying that since the husband's visa was not stamped in his passport. What he told me is that somewhere in the list of documents that are required for stamping it states that a copy of the visa stamp of the primary H1 holder should be enclosed. So as my friends visa had expired they refused to give his wife a visa. So the husband had to go to Canada and get his visa stamped on the passport and then send all the documents to his wife in India. This is NOT to alarm anyone of you. This is what he had told me. I would check/re-check with the lawyer and the US embassy to find out all the documents that will be required just to be sure.
Click to expand...
 
GCVARUMA said:
eefrog.. One of my friends case was exactly like tot-batot.. Both husband and wife had expired visa on their passports. The husband was in the US and the wife recently went to the US embassy in India to get her passport stamped. They refused to stamp her passport saying that since the husband's visa was not stamped in his passport. What he told me is that somewhere in the list of documents that are required for stamping it states that a copy of the visa stamp of the primary H1 holder should be enclosed. So as my friends visa had expired they refused to give his wife a visa. So the husband had to go to Canada and get his visa stamped on the passport and then send all the documents to his wife in India. This is NOT to alarm anyone of you. This is what he had told me. I would check/re-check with the lawyer and the US embassy to find out all the documents that will be required just to be sure.
Click to expand...

Do you know if your friend was on a 7th year H1 or was within the 6 year H1 limit.

I just looked it up and it does say under the required documentation that a Photocopy of the Principal Applicant’s valid visa (if applying separately). is required.

This is interesting because in essence they are now taking a position that a spouse on H4 cannot get his/her passport stamped if the the principal applicant's passport does not have a valid visa stamp. This is more bad news.

Thanks for the information though as I was actually planning a similar move as wife was suppose to travel to India a couple of months before me and thought she could get this over with before I get there, but it seems like it would not be possible anymore.
 
Hi staffq

staffq said:
My NOF is from this Barabara Shelly too.
Anybody else?
Click to expand...


what is Bsc Major and Msc Major?
also How much experience was asked in the Labor ( i mean Eb2 or Eb3)

This is New from PBEC!

thanks
 
I was in the same situation

I was in the same situation and my wife went to India so she had to get her visa stamped.she got the stamping with out any issues with my(H1) passport with out stamped.


clzeus10 said:
Do you know if your friend was on a 7th year H1 or was within the 6 year H1 limit.

I just looked it up and it does say under the required documentation that a Photocopy of the Principal Applicant’s valid visa (if applying separately). is required.

This is interesting because in essence they are now taking a position that a spouse on H4 cannot get his/her passport stamped if the the principal applicant's passport does not have a valid visa stamp. This is more bad news.

Thanks for the information though as I was actually planning a similar move as wife was suppose to travel to India a couple of months before me and thought she could get this over with before I get there, but it seems like it would not be possible anymore.
Click to expand...
 
raboy said:
I was in the same situation and my wife went to India so she had to get her visa stamped.she got the stamping with out any issues with my(H1) passport with out stamped.
Click to expand...

Thanks Robby for sharing that information. This now confuses things even further, one guy got his rejected and you had success in the same situation, can this get anymore ambiguous?

I think i will just go with my wife when I get there just to be sure there are no issues.
 
New news!!!

Today I called my employe to ask to convert my application to PERM. He told me that he has received another letter (similar to 45 days letter) for my application and another 4 guys from PBEC. Basically PBEC again asked my employer whether to continue with the cases or not. My employer has replied +vely for all of us. Now my employer is sure that approvals may come in 10-15 days as soon as they receive the response from my employer. My employer also received two approvals around my priority date last week from PBEC.

Did anybody receive letter like that, I mean 2nd time confirmation letter from PBEC whether to continue or not? Please let me know.
 
Originally Posted by a_to_z_gc
Thanks!!

Did their office help you in any way or did it end up they forwarding your request to PBEC. Could you please let me know...

I have also sent you a private message asking more details...

Thanks,
Click to expand...

NYRIREB3_11_02 said:
I don't know if they "helped" but I was surprised to receive a response (via snail mail) from William Carlson saying my labor was certified.
Click to expand...


I had also faxed a letter to Elaine Chao's office and it got forwarded to William Carlson as well as I received a response from him after about 3-4 weeks and the letter was completely dismissive of all of my concerns. And to rub salt on the wounds it further said that they cannot offer any status information to me directly as my application is filed by the employer and if they want to know the status they should send a letter to them directly, all the regular BS you know.

This is when you are saying he got back to you with the status of your case, I think they will only provide information when it is good news, so that you don't complain any more.

I think I will try sending another letter from but HR this time.
 
same happened with me back in 2004

clzeus10 said:
I think i will just go with my wife when I get there just to be sure there are no issues.
Click to expand...

On VISA restamping request of my wife and kids, VFS asked to resubmit with my passport. This was back in the drop-box days. I would think that H4 VISA is subject to H1 VISA.
 
clzeus10 said:
Do you know if your friend was on a 7th year H1 or was within the 6 year H1 limit.

I just looked it up and it does say under the required documentation that a Photocopy of the Principal Applicant’s valid visa (if applying separately). is required.

This is interesting because in essence they are now taking a position that a spouse on H4 cannot get his/her passport stamped if the the principal applicant's passport does not have a valid visa stamp. This is more bad news.

Thanks for the information though as I was actually planning a similar move as wife was suppose to travel to India a couple of months before me and thought she could get this over with before I get there, but it seems like it would not be possible anymore.
Click to expand...

clzeus10.. he was on the 6+years H1.. Also could you post that link so that it could be helpfull for the others..


raboy said:
I was in the same situation and my wife went to India so she had to get her visa stamped.she got the stamping with out any issues with my(H1) passport with out stamped.
Click to expand...
raboy... let me ask you the same question that clzeus10 asked.. where you on a 7th year H1 or was it within the 6 year H1 limit. Just to see if there is a pattern of approval..

Thanks.
GCVaruma.
 
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