DDash
08-06 04:36 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
hopefulgc
08-17 03:59 PM
isn't the date ... Apr 01 2004 according to sept bulletin
(not jan 1 2004)
If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...
Hope for the best..
(not jan 1 2004)
If ur EB2 and PD older than Jan 01, 2004 probably you have chance to refile again. During this crunch time don't trust USPS/UPS. Always use fedex...
Hope for the best..
EndlessWait
07-09 01:08 PM
Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs
lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.
Ofcourse its protectionism for those who thought its a fair game!
lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.
Ofcourse its protectionism for those who thought its a fair game!
xgoogle
06-24 11:08 AM
Thanks you guys and smart move admin for collapsing both the threads together! I was only hoping if one of the lawyers could also confirm on this, then I would be really confident going forward with this decision.
Thanks a bunch again for listening to my rant!
Thanks a bunch again for listening to my rant!
more...
needhelp!
10-22 08:13 PM
sw33t volunteering for this event coming all the way from San Antonio..
I know there are tons of IV members from DFW.
Please volunteer. need help!
I know there are tons of IV members from DFW.
Please volunteer. need help!
lskreddy
11-18 11:07 PM
you will have to pay the new fee, which is $305. Do efiling, it is easy and convenient.
Thanks for the info.
Is e-filing an option for folks like me who did not submit the I-131 form while I filed I-485?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.
Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
I tried reading the above but could not conclude whether I should or not. Was this announcement valid only until 08.17.07 or forever?
Thanks for the info.
Is e-filing an option for folks like me who did not submit the I-131 form while I filed I-485?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.
Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
I tried reading the above but could not conclude whether I should or not. Was this announcement valid only until 08.17.07 or forever?
more...
sk.aggarwal
03-25 08:00 PM
Yes, you can go out of US and use that time to recapture as long as you go within 6 yrs of H1. This is my understanding from my conversation with lawyer working to file my perm. I am planning to travel to India for a month or two once I know the exact time I need. Please help to advice if my understanding is inacccurate.
link to another thread
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html
link to another thread
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html
saketkapur
07-27 05:24 PM
ImmInfo Newsletter "Unlawful presence" myths and realities (http://imminfo.com/Newsletter/2009-7/unlawful_presence.html)
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
Unlawful Presence: Myths and Realities
Ron Gotcher
Recently, the USCIS released a new policy memorandum on the subject of �unlawful presence.� Because of its length and the poor quality of the writing, there has been a great deal of confusion resulting from it. We would like to clarify a few of the more egregious misunderstandings that have taken root as a result of this memorandum.
A person who applies for adjustment of status while in lawful status, and thereafter allows his or her nonimmigrant status to expire is not going to be deported.
The new memo makes it clear that when someone applies for adjustment of status, they are thereafter present with the permission of the Secretary of DHS. As such, they do not accrue unlawful presence even if their nonimmigrant status expires. While technically they may be subject to removal, the CIS does not attempt to remove them for a very practical reason. If the immigration service institutes removal proceedings against someone who is eligible for adjustment of status, that person will simply renew their application before the immigration judge. Immigration will have wasted a great deal of time and energy and accomplished nothing. There is no possible reason that would compel the immigration authorities to change their current policy and begin trying to remove people with valid pending adjustment of status applications.
Nonimmigrants are not required to maintain their status after filing for adjustment of status.
Some writers have said that AOS applicants must continue to maintain their nonimmigrant status after filing for adjustment of status. They are wrong. In many cases, attempting to do so would involve visa fraud and render the applicant ineligible to adjust status. Certain nonimmigrant categories, such as B, F, J, and M are �single intent� categories. If someone who is actively in the process of immigrating to the United States attempted to extend status in a category where they are required by law to have a good faith intent to leave the United States and return to their home country to resume their residence there, that would be an act of fraud. You can swear on the one hand that you intend to return to your home country immediately upon the expiration of your nonimmigrant status, while on the other continue to request permanent resident status in the United States. Filing this type of application would do positive harm to your case.
It is not necessary to maintain H1B status after filing for adjustment of status, and in many cases doing causes harm to the applicant.
There is really only one valid reason for an adjustment of status applicant to maintain H1B nonimmigrant status after filing for AOS. That is the situation where the H1B has a spouse or child who has not filed for AOS and requires an H4 visa in order to remain in the United States. Other than this situation, there is no valid reason for someone to try to maintain H1B status after filing for AOS.
Maintenance of H-1B status is not without cost. The CIS filing fees are $320, plus $500 for the anti-fraud fee it is a first filing (such as an employer transfer), and $750 to $1,500 for the ACWIA fee. This does not include attorney�s fees. There are two other �costs� that must be counted as well. If you travel, you must have a valid H-1B visa to re-enter. This means that you may have expend time and money renewing your H visa. Also, with an H visa, you may not accept work from anyone other than your petitioning employer. Otherwise, you are in violation of your H status.
Historically, I�ve heard three main arguments I�ve in favor of using H-1B. First, there is the �just in case� argument. To me, this falls into the �monsters under the bed� or fear of the dark kind of superstitious dread argument. �I don�t know what might happen, but I want to keep my H-1B just in case.� I�ve always felt that if you can�t articulate the reason for doing something, it isn�t a very good reason.
The second reason is a concern that if the applicant�s I-485 is denied, the applicant can revert to H-1B status. I believe this to be a specious argument also. Most I-485 denials result from I-140 denials. If your I-140 has been approved, the odds of your I-485 being denied drop to almost zero. The two remaining reasons for I-485 denials are status violations prior to filing and fraud. Both of these reasons impact H-1B validity as well and if an I-485 is denied for either reason, it is doubtful that the applicant would be allowed to resume H-1B status.
The third reason, and in my opinion the only valid reason, arises in unusual situations where the principal applicant has applied for adjustment of status but his or her spouse hasn�t. In such cases, it is essential that the principal applicant maintain H-1B status so that the spouse remains eligible for H-4 status.
There is one other important consideration with respect to maintaining H-1B status while applying for adjustment of status (AOS). I�ve seen situations involving individuals who elected to stay in H status while applying for AOS and traveled abroad using their H visas and were laid off unexpectedly while abroad, or other saw their H petitioner go out of business suddenly. All were left high and dry overseas with no way to return to the US. If they tried to use their H visas, they would be guilty of visa fraud at entry and thus ineligible for adjustment of status.
Finally, AOS applicants who have given up H status should understand that there is nothing to prevent them from re-applying for H classification should something go disastrously wrong with their AOS application. If the applicant is still eligible for H classification, there is nothing to prevent them from re-acquiring it later.
Employment authorization documents (EAD) are presently valid for one year at a time, unless you have an approved I-140, in which case they will issue them for two years. Advance parole (AP) documents are presently valid for only one year. The EAD/AP combination provides an applicant with a simple, inexpensive alternative to trying to maintain H status while applying for AOS. More importantly, EADs give an applicant job flexibility. With an EAD, an AOS applicant who wishes to exercise his or her right to job portability need only show an EAD card in order to accept new employment immediately. Similarly, an applicant who travels and uses AP as a re-entry document need never bother with having to make an appointment and apply for a new visa while abroad.
Finally, the CIS is now looking closely at the issue of unauthorized employment after filing for AOS. With an EAD, as long as you keep it current, it is impossible for you to engage in unauthorized employment. With an H1B, you are very strictly constrained by the LCA and H petition terms. If you or your employer deviate in any way, you risk violating your H status and thereafter engaging in unauthorized employment. The EAD path is far safer.
Ron Gotcher
Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved
more...
pappu
12-20 11:01 PM
I will also be attending this meeting. IV members from Tristate area are welcome to join.
alterego
09-14 06:06 PM
People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
more...
frostrated
10-02 03:02 PM
the two are separate as they belong to different countries. you can maintain both as long as you fulfill the requirements to keep both of the permits current.
sivatallapaneni
04-04 03:19 PM
From Dallas.
more...
ssterian01
07-07 04:38 PM
Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US
bsbawa10
08-14 10:03 PM
Idea is good. But, I can see the rows being edited every now and then. So, how secure is the data really?
It is not secure, all forum people have access to it.
It is not secure, all forum people have access to it.
more...
anilsal
12-20 09:47 AM
Stephen Colbert on comedy central has turned out to be one of the most influential persons in the media. Along with Jon Stewart, Stephen is supposed to be one of the influencers of young minds for the last congressional elections.
I am not sure if he has really taken any stance on legal immigration. I am confident that it is favorable.
A question is whether IV has really approached Stephen. Lately, I saw Jack Welch on the show. Apparently, every congressmen who appeared on Colbert's show has won the last election.
Here is a thread on comedy central I started on this.
http://www.comedycentral.com/shows/the_colbert_report/message_board.jhtml?c=v&t=3456
I am damn sure that a lot of law makers (or their staff) enjoy Stephen's antics.
I am not sure if he has really taken any stance on legal immigration. I am confident that it is favorable.
A question is whether IV has really approached Stephen. Lately, I saw Jack Welch on the show. Apparently, every congressmen who appeared on Colbert's show has won the last election.
Here is a thread on comedy central I started on this.
http://www.comedycentral.com/shows/the_colbert_report/message_board.jhtml?c=v&t=3456
I am damn sure that a lot of law makers (or their staff) enjoy Stephen's antics.
gparr
March 3rd, 2004, 07:28 PM
I don't think the spiral staircase shot ever gets old. Each one has its own characteristics and the varied tones and depths always make for interesting B&W shots. I'm sure it's a rare day that an office stairwell makes a good color shot. ;) I vote that you work the shot from every angle and show us what you came up with.
Gary
Gary
more...
kroy1976
04-13 03:36 PM
Thanks a lot for the reply.
I have talked with lawyer regarding this.
She has the following to Say:
a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
b) CBP officers know about this and there is nothing to worry.
c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
d) she assures me that there is nothing to worry and I can go and come back hassle free.
Do you people think all of these statements are correct?
Thanks a lot.
I have talked with lawyer regarding this.
She has the following to Say:
a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
b) CBP officers know about this and there is nothing to worry.
c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
d) she assures me that there is nothing to worry and I can go and come back hassle free.
Do you people think all of these statements are correct?
Thanks a lot.
Pagal
02-02 02:33 PM
:) Yes, one of the founding principles of USA "No taxation without representation" has gone down the drain for all 'temporary' workers...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
Some countries have tax treaties with USA whereby, their citizens are not required to pay medicare/social security taxes, wonder if India can have such a treaty...
gccovet
06-19 09:42 AM
Hi everyone:
I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.
She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).
My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)
Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?
Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.
My parents are thinking of doing the same very soon.
GCCovet
I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.
She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).
My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)
Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?
Cousin went through same situation recently (early 2008). Parents "surrendered" their GC's, to Mumbai consulate general office, and simultaneously applied (same day same time while in the consulate) for Visitor VISA (they were advised about the procedure by Mumbai consulate office via phone, they had called them couple of months before doing this). Visitor VISA was granted without any questions asked.
My parents are thinking of doing the same very soon.
GCCovet
ssdtm
12-12 03:56 PM
Leaving with expired I-94 is no issues. My wife recently went India, gave expired i-94 on passport. She did not give the latest i-94 that came with her H4. She got visa stamped from India, and came back without any issues.
roseball
07-18 03:21 AM
Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....
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