Revalidation and Amedment ( Ginnu/Jaxen)

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prabca

Registered Users (C)
Revalidation and Amedment to H1b

Hi
This forum is really helpful to everyone, because of the forum i could learn something about the immigration and and petetions and problems.
your views and opinions are helpful to everyone.
please help me in this regard.
I think i am in soup.

let me present my case and explain
1) I came to US in Sepember 2002, on h1b , ON Company A but out of job till june 2003, for july and august i have worked for this company and got paid.
2) H1b was getting expired,( Oct 1-2003 ) Company A filed H1b petition.
3) I got another offer from Company B during September 2003 and joined the same. Company B filed the premium processing and got it apporved. but the approval date is Oct 28thto Nov 2005. ( there is a gap of 28 days from earlier h1b expiry from Company A to this new H1B ) .
4) Company A got a RFE ( general and not related to my H1b Petetion ) and company A withdraw the all the petetions pending with INS.
5) Inspite of withdrawing the petetion, Company A petetion got approval from INS along with wife H4.( i did not receive those papers as comphany has some problems with its lawyer )
6) I have applied for the revalidation with company B and sent to SL in December 1st week.
7) I have sent the papers to India for my Son h4, and got 221 (g), asking me and my wife to physically present in Chennai consulate. Consulate did not ask any other information, and all the papers i have sent returned back. ( my son had h4 Visa from Company A and got expired, i did not get him here because i was out of job, for a quite long period )

8) Company B later on reduced the salary and filed an Amended petetion with the regular processing for which the receipt notice date is 2/2//04.

My doubts are
1) How this would effect the revalidation processing
2) Secong doubt is i have ommitted a number in home telephone number coloum, of DS - 146 , how this going to impact revalidation, can i do something for it now.
3) How this would have an impact on my Son h4, ( under the assumption that me and my wife would get revalidation and go to Chennai Consulate)
4) Is there any instances where in visas are cancelled in consulates abroad because, the person is on bench for over and above 6 months. ( i mean visas not petetions )
5) what are the remedies, if we do not get the revalidation, i mean how to get my son here without we visiting consulate.
please answer the same.
I am really confused and concerned about my case, and my stay in US

your help is greatly appreciated
thanks
 
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Reval

Hi Prabaca...

I know your case appears jinxed but do not worry.

1. Since you have already sent the passport for revalidation at SL with an approved H1B transfer, you do not have to worry abt this aspect. Abt missing the phone number, worse case scenario, SL will send you back the application and you can resend it after correcting. But lets hope they would not make a big issue out of it.

2. Your amended petition with lower salary would be treated as a petition for a new job...and since AC21 allows anyone to work from day one after filing a petition with BCIS...(provided u already are in the same H1 classification)...you should be fine...but you have to note that your EAC or LIN number on the visa granted by SL would bear your currently approved H1. In my opinion, I would rather use your current H1 that has been approved for leaving/re-entering US.

3. 221(g) is an RFE requesting more evidence..the consulate at chennai usually issues this one if family members (say your wife or son...) has stayed back in india for prolonged time away from the principal applicant...I am sure the consulate would ask you to get your latest pay slips and W-2s. I know of a few friends who had recevied this 221(g)...but after showing latest payslips and W2's ...they did not have any problems....

4. Legally, consulates abroad come under Department of State....whereas SL where u send your revalidation comes under BCIS Homeland security..I have not heard cases where the abroad consulate would cancel a visa issued by BCIS unless ofcos if they suspect fraud...or they have legitimate reasons to...for security reasons....In my opinion, I would ask you to remain in the US and send your wife first....your wife could take your latest payslips and W-2(if asked since you have been on bench, dont take W2s with u without the consulate asking)...and go to the consulate with ur son...she can tell the consulate that you couldnt come to india becos you are not getting a vacation and are on a critical implementation project....but she came to take her son with her to US....i am sure the consulate would be happy to see atleast one parent...and you shouldnt have trouble...worse case scenario, consulate might ask her to get you...in which case you can think abt going to india...but be positive....

Good luck !
 
Thanks Catch
I appreciate it.
please clarify the same once again, i might sound over cautious but please read and give your opinion
1) Under the AC21 , when my wife and/or to chennai and come back, can we use the new approved petetion/or old petetion.

2) as suggested by you, if my wife goes to india, if my new H1 petetion approved, which approval notice she has to take to the consulate.

3) becuase old petetion, and new paystubs does not match.
from the approval date, and prior to the approval date, i am receiving the same salary, since the company wants to be on the safter side, they are amending the petetion, and stated the same amount of salary in new LCA and accordingly filed amended petetion.
4) and last thing is if we do not get the revalidation, how to get son here, current company can support any sort of documentation, any letter from attornery to consulate would help the case.
5) Consulate did not ask any other documentation for my son, except physically present in the consulate, it used the specific wording of both parents

please clarify the same
 
From your reply, I understand that basically both the approved petition and the amended petition are for the same employer. This makes the job more easier...

Under AC21, the minute you file a petition it becomes valid for you to work (provided you have already been on an H1 classification)...however you would not be able to use just the receipt notice of the amened petition...since the consulate would require an end date of validitiy for the petition...which you would get only if the petition is approved....

1. First of all , I guess that either you or your wife can go to India only if you get the revalidation from SL. After getting the revalidation done successfully, and if your amended petition is also approved(currently for regular processing, its taking 4 to 7 months for BCIS to even touch your petition), then exit US using the ameded petition I-94 stub. In this case, you can show the amended approved petition in the consulate with the appropriate LCA and payslips which match the LCA....you should not have any trouble getting approved...

However, if you get the revalidation done but could not get the approval for the amended petition, then you would have to exit US by giving the I-94 stub at the bottom of the approved petition. In this case, I would rather advise you to use the old approved petition at the consulate (but do not show the old LCA to the consulate...instead show an offer letter from the employer which is pre-dated showing the salary that you are having on ur latest payslip....incase they ask for the LCA, then show the LCA of the amended petition...basically couple the new LCA with the approved old petition...you have to understand that LCA's are stand-alone documents and are only used as supporting docs for H1Bs..its only used to show what is the current wage levels in your area of work and that your employer is matching that...and you can prove that using your current payslips...take payslips for atleast two months....I know what your company has done by filing amended petition is perfeclty correct...but unfortunately since you have been on bench, you dont want the consulate in chennai to dig up your dirt...

Then after you get the visa stamped, enter US back with the petition you used at the consulate...and get a new I-94...that matches the petition date...

You had written that consulate had asked for both parents to be present...I advise to send only your wife just to safeguard youself...to avoid any risks...you can probably ask your company to give you a letter saying that you are on critical project supporting a customer implementation and therefore cannot reach india at the moment but would be willing to answer any further queries that might arise at the consulate...


And lastly, if you do not get revalidation, you can apply again at SL and wait for revalidation...otherwise, go to india and get the visa stamped there...for all of u...no other doc from the company or an attorney will help at the consulate without the physical presence of the parents...maybe the consulate just wants to see you physically...and thats good news!

Good luck!
 
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Well although I can pick many holes in the story the most obvious ones are these
1. St. Louis revalidation center is still under dept. of state. It shares info with DHLS.
2. If both parents have to be at chennai, they have to be at chennai. No exceptions
3. Past W-2s will be asked for and that will definitely determine the approval trend.

Yes, an US consulate can cancel approved/stamped visas. Will ask for W-2s etc. Most probably you are going to regret the decision of leaving your son away from his parents.

My Opinion.
 
Jaxen

We all know the law here...I was just trying to provide workarounds to prabac for the situation he is in...and I stand corrected abt SL..yes it is indeed under dept of state...
 
Thanks Catch/Jaxen for your discussion and explanation.
amended petetion, and approved petetion is for the same employer.

Jaxen, u said, that there are lot of holes in the story, what are they can u please eloborate, it makes more comfortable in learning them, and i could act accordingly.
Thanks
 
Jaxen,
please help me and say about the loopholes, and possible remedies, i spoke to my attornery he says, he cannot see any problem in these all aspects.
i am so worried
:confused:
thanks
 
Hello All Gurus please read the thread and help me

i am so worried about my future and status in US

prab
 
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