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  #1 (permalink)  
Old 01-23-2009, 01:08 PM
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Default Wife in India while H1B revoked

I am having a situation where me, my wife and 4 months old US born daughter went to India in Jan'2008. While we were in India, my H1bs were revoked with the company I was working. Fortunately, I have Travel document as a backup and I could come back to US with deffered inspection. But my wife along with my daughter got stuck in India since my wife was not having AP. My attorney sent reply to USCIS RFE regarding H1bs revocation but he mentioned just one H1 reciept number and forgot to mention the other one. USCIS fixed the one H1 for which they recieved the reply but the other one is still revoked as that petition number was missing. My attorney filed appeals twice but there is no reply from USCIS. Its almost One and half year I am away from my family. I wrote several letters to my Texas Senator, DHS Ombudsman and they all say that they are working on this case. I am working on EAD now with AC21 portability. My question is if I get back on H1B i.e. if I apply H1b for myself again, do I have to go back to India or Mexico for stamping. If not, can my wife come to US on existing H4 on her passport and will there be any problem at the port of entry?
Any advice will be greatly appreciated.
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  #2 (permalink)  
Old 01-23-2009, 02:23 PM
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Default

Quote:
Originally Posted by manupushye View Post
I am having a situation where me, my wife and 4 months old US born daughter went to India in Jan'2008.
......
......
.....
If not, can my wife come to US on existing H4 on her passport and will there be any problem at the port of entry?
Any advice will be greatly appreciated.
Since your wife is not in US, she can not be granted H4 status. Please consider filing premium H1-B extension. This will allow your wife to obtain H4 visa stamp for re-entry.

Please note that she can not use H4 visa to reenter if you are not in H1-B status. This is very important.

I wonder why your attorney has not suggested this.

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  #3 (permalink)  
Old 01-23-2009, 04:37 PM
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Default Did you file 485 for your wife

Quote:
Originally Posted by manupushye View Post
I am having a situation where me, my wife and 4 months old US born daughter went to India in Jan'2008. While we were in India, my H1bs were revoked with the company I was working. Fortunately, I have Travel document as a backup and I could come back to US with deffered inspection. But my wife along with my daughter got stuck in India since my wife was not having AP. My attorney sent reply to USCIS RFE regarding H1bs revocation but he mentioned just one H1 reciept number and forgot to mention the other one. USCIS fixed the one H1 for which they recieved the reply but the other one is still revoked as that petition number was missing. My attorney filed appeals twice but there is no reply from USCIS. Its almost One and half year I am away from my family. I wrote several letters to my Texas Senator, DHS Ombudsman and they all say that they are working on this case. I am working on EAD now with AC21 portability. My question is if I get back on H1B i.e. if I apply H1b for myself again, do I have to go back to India or Mexico for stamping. If not, can my wife come to US on existing H4 on her passport and will there be any problem at the port of entry?
Any advice will be greatly appreciated.
Did you file 485 for your wife along with you?
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  #4 (permalink)  
Old 01-23-2009, 04:40 PM
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Default

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Originally Posted by reddymjm View Post
Did you file 485 for your wife along with you?
It won't matter since she does not have AP. One needs to be in US to apply for AP.

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  #5 (permalink)  
Old 01-23-2009, 04:57 PM
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Quote:
Originally Posted by desi3933 View Post
Since your wife is not in US, she can not be granted H4 status. Please consider filing premium H1-B extension. This will allow your wife to obtain H4 visa stamp for re-entry.

Please note that she can not use H4 visa to reenter if you are not in H1-B status. This is very important.

I wonder why your attorney has not suggested this.

____________________
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US Citizen of Indian Origin
Isn't only necessary for AP - to be present in the US. I am wondering why some one needs to be in the US for H4.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
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  #6 (permalink)  
Old 01-23-2009, 04:58 PM
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Default You might be correct

Quote:
Originally Posted by desi3933 View Post
It won't matter since she does not have AP. One needs to be in US to apply for AP.

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http://www.uscis.gov/files/form/I-131.pdf I looked at this form and felt like he should be able to apply AP for his wife.

Other option might be to convert his case to CP so that he will get a visa number as soon as the dates become current and bring his wife back to US.
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  #7 (permalink)  
Old 01-23-2009, 05:05 PM
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Originally Posted by manupushye View Post
Fortunately, I have Travel document as a backup and I could come back to US with deffered inspection.
Just a doubt here, Can't you apply for a travel document for your wife also ? Since you had for yourself then it should not be an issue if you apply for her..

It took me 13 days to get my travel document from USCIS.
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  #8 (permalink)  
Old 01-23-2009, 05:11 PM
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Default

Quote:
Originally Posted by snathan View Post
Isn't only necessary for AP - to be present in the US. I am wondering why some one needs to be in the US for H4.
I was referring to H4 status.

USCIS grants change of status (to H4, in this case) ONLY for person who are in US. If person is outside US, he/she must have valid visa stamp to enter in US to get into that visa status.

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  #9 (permalink)  
Old 01-23-2009, 05:16 PM
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Quote:
Originally Posted by reddymjm View Post
http://www.uscis.gov/files/form/I-131.pdf I looked at this form and felt like he should be able to apply AP for his wife.

Other option might be to convert his case to CP so that he will get a visa number as soon as the dates become current and bring his wife back to US.
That applies for only this condition -

If the person is outside the US and needs to visit the US temporarily for emergent humanitarian reasons,
1. You may apply for an advance parole document. However, your application must be based on the fact that you cannot obtain the necessary visa and any required waiver of inadmissibility. Parole under these conditions is granted on a case-by-case basis or temporary entry, according to such conditions as prescribed.

2. A person in the United States may file this application on your behalf. In doing so, he or she should complete Part 1 of the form with information about him/herself.


This option, however, is not available to I-485 applicant.

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  #10 (permalink)  
Old 01-23-2009, 09:06 PM
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Default

Quote:
Originally Posted by reddymjm View Post
Did you file 485 for your wife along with you?
yes. I did file I 485 for my wife when she was in US.
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  #11 (permalink)  
Old 01-23-2009, 09:13 PM
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Default

Quote:
Originally Posted by desi3933 View Post
That applies for only this condition -

If the person is outside the US and needs to visit the US temporarily for emergent humanitarian reasons,
1. You may apply for an advance parole document. However, your application must be based on the fact that you cannot obtain the necessary visa and any required waiver of inadmissibility. Parole under these conditions is granted on a case-by-case basis or temporary entry, according to such conditions as prescribed.

2. A person in the United States may file this application on your behalf. In doing so, he or she should complete Part 1 of the form with information about him/herself.


This option, however, is not available to I-485 applicant.

____________________
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Thanks desi3933,
You have no idea how much you helped me by showing this clause in I-131. I really appreciate if you can guide me by replying that I should do this through attorney or myself. Also, it will not affect my 485 since its pending.
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  #12 (permalink)  
Old 01-24-2009, 12:58 AM
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Default

Quote:
Originally Posted by manupushye View Post
Thanks desi3933,
You have no idea how much you helped me by showing this clause in I-131. I really appreciate if you can guide me by replying that I should do this through attorney or myself. Also, it will not affect my 485 since its pending.
You case is already complicated. If I were you, I would go with some good attorney like Sheela Murthy. Why dont you have a paid consultation with them and its really worth.
__________________
When you come across any immigration Frauds
# Contact the U.S. Immigration and Customs Enforcement (ice.gov) by telephone at (866) DHS-2-ICE. The hotline is designed specifically to accept immigration violation reports. You can complain anonymously.

Fraud Detection and National Security (FDNS) Directorate
111 Massachusetts Ave., NW Suite 7002,
Mail Stop 2280 Washington,
D.C. 20529-2280
FDNS@dhs.gov
filing without current PD
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  #13 (permalink)  
Old 01-24-2009, 02:57 PM
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Default Even I would

Quote:
Originally Posted by snathan View Post
You case is already complicated. If I were you, I would go with some good attorney like Sheela Murthy. Why dont you have a paid consultation with them and its really worth.
Even I would suggest talk to Murthy. She is very good.
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  #14 (permalink)  
Old 01-25-2009, 10:13 AM
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Default

Quote:
Originally Posted by manupushye View Post
Thanks desi3933,
You have no idea how much you helped me by showing this clause in I-131. I really appreciate if you can guide me by replying that I should do this through attorney or myself. Also, it will not affect my 485 since its pending.
Please read my post again. This option is not availableto your wife since she has already filed for I-485.

Please provide me following details -
1. Date when H4 I-94 expired
2. Filing and Approval date for previous AP
3. Date when she left USA

____________________
Not a legal advice.
US Citizen of Indian Origin
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  #15 (permalink)  
Old 01-25-2009, 02:10 PM
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Default

Quote:
Originally Posted by desi3933 View Post
Please read my post again. This option is not availableto your wife since she has already filed for I-485.

Please provide me following details -
1. Date when H4 I-94 expired
2. Filing and Approval date for previous AP
3. Date when she left USA

____________________
Not a legal advice.
US Citizen of Indian Origin
1)Her H4 will visa will expire on Nov'2009
2)Never filed for her AP.
3)She left USA on Jan'2008.

Please let me know if you need any other information. Your help is truely appreciated.

Thanks
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