221g at Hyderabad Consulate - copy of husband's current visa

[nyckings]

My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.

So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

Now my last option is to apply for AP for my wife while she is in India.

Can I apply for AP when she is in India?


Thanks

[roseball]

My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.

So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

Now my last option is to apply for AP for my wife while she is in India.

Can I apply for AP when she is in India?


Thanks

You can tell the US Consulate that you dont have a H1 Visa Stamped in the Passport. I dont think the Consular Officer will revoke your H1 over that, unless there is any fraud involved. Unfortunately, you cannot file AP while your wife is outside US.

[psk79]

Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.

[psk79]

Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?


I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.

[tamil12]

I think you must have a valid H1B stamped in your passport to get H4 stamp for your wife.

[GC_dd]

I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.

[nyckings]

Is this her first time into US? if so, i guess they are trying to make sure your h1b is still valid. Since they see that you entered on AP, it might be confusing them. I am assuming you work for the same h1 employer who also sponsored your GC. Now all attorneys have told us that the law says you can resume your h1b once you are back on AP but lot of IO's don't care about it. Now you can just send an employer/personal letter stating that you are currently in the same job for which your H1 is approved and also have a I140 pending/approved for the same. Mention that you are still on H1b while you entered using your AP. Hence you never got your H1b visa stamped at the consulate. It shouldn't be a problem unless you are trying to get H$4 via a H1b from a former employer while you are working on EAD for someone else.

I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.

[psk79]

Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?


I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.

[roseball]

I think the same. As my latest passport shows no visa except the AP entry stamp, they are confused how did I travel to India earlier. My wife explained them that I used AP, but they still believe that a visa page is missing in the supporting docs. So they have retained the passport and asked to submit 'current copy of husband's visa'. Now I am going to write a personal letter explaining the same and attaching the original I-797 which has my I-94.

Did you have your wife take copies of all pages from your passport. If not, I suggest you send them along with the letter. Also attach copy of your AP.

[samsanju.corp]

Interview date 9th dec 2009
Submitted all documents 10th dec 2009 as mentioned below:-

1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.

Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.


Can anyone please tell me how long this whole process will take?

Is there any chance that such case goes into endless loop?

My house and all belongings are in U.S. and I am clueless as what to do

[nagio]

Six weeks it is. Sorry I said 7 weeks.

I just replied in the other thread too.

My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.

[deepakjain]

Interview date 9th dec 2009
Submitted all documents 10th dec 2009 as mentioned below:-

1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.

Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.


Can anyone please tell me how long this whole process will take?

Is there any chance that such case goes into endless loop?

My house and all belongings are in U.S. and I am clueless as what to do


I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.

Regards,
Deepak

[manusingh]

My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.

So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

Now my last option is to apply for AP for my wife while she is in India.

Can I apply for AP when she is in India?


Thanks

Hi

Does your wife got H-1B stamped, could you pl send us all details. It may help us.