This happened with my friend's mom who they didn't quite refuse entry but asked to leave US in 2 days and she did. So your MIL can take her chances. But it would be a good idea to wait 6 months.
Originally Posted by MeraGC1
This happened with my friend's mom who they didn't quite refuse entry but asked to leave US in 2 days and she did. So your MIL can take her chances. But it would be a good idea to wait 6 months.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Unless it is an emergency, why would you want to chance it. A 6 month gap between visits is suggested especially when someone has just finished the entire allowed duration of the last visit. A visit so soon is likely to trigger secondary inspection with questions raised on whether the person is "visiting" or "living" in the country. It is not illegal per se - but goes against the underlying assumptions of B1/B2 visa - that you live somewhere else and are only visiting the US.
If, however, there are extenuating circumstances - health issues for example - then it might work out. I, personally, would not want to take the risk.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Guys as per the VB goes here is a gist:
1. EB2I is not a surprise. The dates will remain retrogressed until Q4 of USCIS year 2014 i.e. until Jul.
2. EB2C is not a surprise. The date will likely move 1 month at a time.
3. EB3ROWCM is certainly a surprise. The movement from 2011 Oct to Apr 2012 is a big one and it indicates that EB3ROW most likely is on way to become current next year. Good news for EB3I.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Qesehmk & form members - My priority date is July-21-2008. Will it be current in July 2014 visa bulletin?
Appreciate your answer.
You will be current in FY2014. July-Aug-Sept 2014 are your months. It is likely that you should be current for the July bulletin - but if not July then Aug for sure. Assuming that everything goes according to plan of course.
EB2I NSC | PD: 08/07/2009 | Forum Glossary
Guru's,
Looks like few lucky EB2I guys are still getting approved...Officially retro should start on 12/1.... Now 12/16. I am happy for them. But whats going on any Info?
Lastest approval on Trackitt URL
http://www.trackitt.com/usa-discussi...page/last_page
TSC || PD: 15-03-2010 || RD: 05-Mar-2012 || ND: 07-Mar-2012 || FP sch/done : 16-Apr-2012 || EAD/AP: 20-Apr-2012|| GC:
Hi Gurus,
What is the best scenario for CO to move EB2I dates in third quarter (April,May,June)?Can he apply SOFAD in third quarter?
Thanks!
I am not a Guru but will still reply.
I do not see movement before Jul 2014 visa bulletin. But the jump would be significant when it moves. Hopefully it jumps to Mar 2009 in Sep 2014.
I feel the dates will move for EB2I in the Aug 2014 bulletin. Until then no movement. MY 2 cents.
gkjppp - I'm the one who started the thread when I got approved. I have explained in that same thread why I was approved in spite of numbers being retrogressed. I'm posting it here again. Hope this helps.
"I have explained it in one of my posts above in this thread. If USCIS allotted a visa number, then the case is approved as long as the result is not a denial. What I have heard is, anyone who received the mass RFE of June 14 was allotted a number.
I know for a fact that my case came out of extended review at the end of October (this info thanks for CM) and my guess is that that is when a number must have been allotted to my case. If you remember, the dates were current at that time."
TSC |-| PD - 03/27/08 |-| MD - 01/05/12 |-| RD - 01/07/12 |-| ND - 01/10/12 |-| Check Encashed - 01/12/12 |-| FP Appt Date - 02/14/12 |-| EAD/AP Approval & card production notice - 02/02/12 |-| EAD/AP renewal approval - 12/22/12 |-| RFE Received - June 14 |-| RFE responded - July 09 |- |RFE Status Change Online (LUD) - July 15|| 485 Approval notice - 12/11/13 |-| GC RD - TBD|
Good to know. so mostly RFE means GC( if you are current).
TSC || PD: 15-03-2010 || RD: 05-Mar-2012 || ND: 07-Mar-2012 || FP sch/done : 16-Apr-2012 || EAD/AP: 20-Apr-2012|| GC:
I wouldn't say 100% but very high probability, all other things being equal.
TSC |-| PD - 03/27/08 |-| MD - 01/05/12 |-| RD - 01/07/12 |-| ND - 01/10/12 |-| Check Encashed - 01/12/12 |-| FP Appt Date - 02/14/12 |-| EAD/AP Approval & card production notice - 02/02/12 |-| EAD/AP renewal approval - 12/22/12 |-| RFE Received - June 14 |-| RFE responded - July 09 |- |RFE Status Change Online (LUD) - July 15|| 485 Approval notice - 12/11/13 |-| GC RD - TBD|
Hi Guru's,
I am silent reader for this forum, and this forum will help a lot of users. Please advice my status.
My 9th year H1B/H4 was completed Oct 2013 and my wife used her EAD to join full time employee since April 2013 and I’m still with GC employer as contractor using EAD valid until Jan 2015. ( 25 Feb 2009-EB2- GC filled 2012 and we used AP couple of times).
My contract was tentatively ending Jan 2014 and Client is offering full time position from Feb . I can not to move other distant places due to my health issue/2 Kids education/wife full time job.
1. Shall I join full time employee using EAD and to file AC21 or to wait until Sep 2014 by luck GC. if not will file AC21, is it ok to wait? I have to find myself new attorney/revoke G28 form etc..
2. GC employer does not know about my full time offer and take sick leave from GC sponsor without filing AC21 until Sep 2014, if there is no GC then will file AC21 with new Attorney with new client details.( I have to pay all expenses).
3. Is it ok to run payroll 2 places for 2 month due to full time/contract job?
The whole process will not affect my wife status since she is sponsoring family health insurance etc.. Which is the best idea to wait Sep 2014 to find another contract job or to join full time to test luck for GC?
Hi Guru's,
I am silent reader for this forum, and this forum will help a lot of users. Please advice my status.
My 9th year H1B/H4 was completed Oct 2013 and my wife used her EAD to join full time employee since April 2013 and I’m still with GC employer as contractor using EAD valid until Jan 2015. ( 25 Feb 2009-EB2- GC filled 2012 and we used AP couple of times).
My contract was tentatively ending Jan 2014 and Client is offering full time position from Feb . I can not to move other distant places due to my health issue/2 Kids education/wife full time job.
1. Shall I join full time employee using EAD and to file AC21 or to wait until Sep 2014 by luck GC. if not will file AC21, is it ok to wait? I have to find myself new attorney/revoke G28 form etc..
2. GC employer does not know about my full time offer and take sick leave from GC sponsor without filing AC21 until Sep 2014, if there is no GC then will file AC21 with new Attorney with new client details.( I have to pay all expenses).
3. Is it ok to run payroll 2 places for 2 month due to full time/contract job?
The whole process will not affect my wife status since she is sponsoring family health insurance etc.. Which is the best idea to wait Sep 2014 to find another contract job or to join full time to test luck for GC?
Sorry for posting this question on the wrong forum. I am just posting it here as it is an emergency and this thread has the maximum traffic. I will remove it once someone answers it.
My wife needs to travel to India in emergency. She is leaving tomorrow. She is on H4 visa. I am on H1B visa. I am not traveling with her. My and my wife's visa expired in June, 2013. We filed the extension and we both have approved I-797, valid till 2016. Now, if she travels outside US, I understand that she has to have her visa stamped before she comes back. But the only problem with that process is that my passport is expiring in May, 2014 and has less than 6 months left on it. Can my wife get her H4 visa stamped when I have less than 6 months left on the expiry of my passport?
The way, I am thinking of doing this is, I will let my wife go to India. I will apply for Tatkal passport in USA. If I get it than I can either send her the copy of my passport and have her H4 visa stamped or I can personally go there and have our H1B and H4 visa stamped. If I can't get the Tatkal passport than I will apply through regular process and either send my passport copy or go personally. I think that's the best possible choice.
My questions are,
1) Does anyone know if my wife can get her H4 stamped when my passport is valid for less than 6 months only?
2) Can I travel to India and get my passport renewed in India, instead of renewing it in USA?
Any quick answer will be appreciated as we don't have enough time left on our hands.
Jonty relax - I am pretty sure she can stamp and her stamping doesn't require your passport with certain expiry date. All she needs is valid 797 + her own passport in good standing.
Second - it is a good idea to do your passport work here in US rather than in India
On another note I also believe that Indian passports are valid 6 months beyond the expiry shown on the passport. You may want to send email to SFO office (or whatever you are closest to). My experience was good with them.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Good to see you after a long time, Jonty!
1. Your passport expiry shouldn't have ANY bearing on whether the H4 visa can be stamped or not. I am very confident about that because I've been through it.
2. Yes, you can travel to India. But with what I hear, its easier to get it done here, even if it takes a little longer. (Depends on where you live in US and in India). If you are paranoid (like I am), you might want to wait for your wife to come back before handing over your passport to the Indian embassy in US - for the unlikely scenario that you might need to travel to India in emergency when your wife is there.
Thanks Q for the prompt reply.
Good to know that my wife can still get her H4 stamped even when my passport is valid for less than 6 months. It seems like manubhai has also gone through it. I guess that answers my question whether she can have her H4 stamped or not. My wife's passport expires in June, 2015 so still has more than a year.
Regarding my 2nd question, I thought the same that it may be easier to get the passport renewed in USA rather than India. But if my wife can have her H4 stamped without any problem, than I don't have to rush to renew my passport.
Correct me if I am wrong, but problem will only arise if I go to India without renewing my passport and try to get my H1B stamped because for that my passport should have more than 6 months validity, right?
Q, what you are saying regarding Indian Passports being valid for more than 6 months beyond their expiry seems to be true. I found the list of countries on State Department Website who extent passport validity for an additional 6 months after expiration.
http://www.state.gov/documents/organization/104770.pdf
From what I understand is that this validity beyond 6 months of expiry, only applies when you are entering USA at the port of entry. Do you think it would also apply if I go to India without renewing my passport and try to get my H1B stamped in Consulate? Would the US Consulate stamp my H1B when my passport is less than 6 months valid?
Thanks a lot manubhai for the quick reply.
1. I think I will then go ahead and take an appointment for my wife to have her H4 visa stamped with the Consulate in India. In that case, I don't think I need to rush to renew my passport.
2. But if it comes to a point that I also need to make a quick trip to India, than I think it will be a problem going there without renewing my passport. I think I can still come back to USA even if my passport has less than 6 months validity as Q just mentioned in his answer. But do you think I can get my H1B stamped in Consulate with my passport being valid for less than 6 months?
See that I am not sure about. And that is something that I wouldn't recommend to take a chance on. So perhaps sending an email to Mumbai Consulate (assume you are from Mumbai) would be a good idea.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Thanks Q. I am under Mumbai Consulate. I would either call them or send an e-mail. Thanks a lot again.
Hi Jonty,
I just renewed my indian passport in SFO even I have expiry date until July 2014. I got new passport with in 15 days in SFO, Please ask me any questions related to passport I will help you. They said before expiry one year you can renewal any time.
I was travel to india 2 month ago, they stamped until my passport expiry date only even though have valid AP for another 2 month.
Thanks,
Anish
Anish - you may want to rephrase your question. It is hard to understand.
From what I understand - if I were you - I would.
1. Not wait until next september since who know where the dates will move and even if they do then 6 month requirement post GC etc.
2. Not be afraid of 2 payrolls. You can do as many jobs on EAD as you want. I do not think there is any limit - as long as your employers are ok with it. Legally you are also not supposed to disclose voluntarily to them how many other jobs you are doing. But if they ask and you lie - that could be a potential liability between you and your employers.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
Here is an update Q.
So my wife left for India today. I dropped her at O'hare. She is flying Air India as that was the earliest flight we could get. I asked Air India staff at the check-in counter and explained my situation. They said that as long as I have a return ticket before the passport expiry date, I should be fine and I will be able to board the aircraft.
I also called the Mumbai Consulate yesterday and talked with them. The lady who I spoke with told me that since India is exempt from the list of countries that require 6 month validity for passport, I should be fine applying for an H1B stamping and get it stamped. I asked her to send me an e-mail after I submitted a written query just to have an e-mail proof. I got the response within 4 hours and there was a link in the reply which took me to the first question.
http://www.ustraveldocs.com/in/in-gen-faq.asp#gen1
Q.1 How long does my passport have to be valid in order to apply for a U. S. visa?
A.1 You must possess a passport valid for travel to the United States with a validity date at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions).
As mentioned above, India is exempt from this requirement.
I also asked my immigration attorney and he said the same thing that 6 month of passport validity does not apply to Indian Citizens and I should be good to go for stamping. However, he wasn't sure whether airlines will allow me to board the aircraft with passport which is valid less than 6 months.
I asked TSA people at O'hare today and they said that there is no issue with them. I believe that CBP office at POE while coming back to US should not create any issue either. I found out that Mumbai Consulate will stamp my passport with visa that is valid till the I-797 expiration but at the POE, CBP office will issue I-94 up to Passport expiration date only and I can either a) get I-94 corrected b) apply for extension of I-94 with USCIS or c) leave and re-enter US to get a new I-94.
http://www.cilawgroup.com/news/2011/...ion-of-status/
So, overall it seems that I am good to go from Airline standpoint (at least while flying from US), TSA, Mumbai Consulate and CBP officer at POE. Once I reach my destination in India, I should not have any problem clearing the immigration being an Indian national, even though the passport will be valid for less than 6 months. My only worry is what if the Immigration Officer in India does not let me board the aircraft while coming back to US? What if he asks me to get my passport renewed first? I can carry the State Department Document which shows that India is exempt from that 6 month requirement but I am really worried whether the Immigration Officers in India would listen or care. Also, I am little worried about the problem in case if the Air India staff at Indian airport does not allow me to fly back to US, citing passport validity less than 6 months. I have read several experiences online on various forums, and they were hit or miss. Some people were allowed to travel while some were not. So decision was at the discretion of an Immigration Officer or sometimes Airline staff.
I have thought about following options on this situation. I would really appreciate it somebody can give their input and tell me what's the most feasible option in their opinion.
Option 1 - Don't go to India at all as it is too risky. Send all the documents to spouse. Let her finish her H4 stamping before she heads back to US. Problem - I won't be able to attend the family medical emergency.
Option 2 - Go to India. Get H1B stamped. Try to come back to US. Problem - Indian Immigration Officer or the Airline staff in India, may deny the travel citing passport validity.
Option 3 - Go to India. Get H1B stamped. Apply for a new passport in India in Tatkal scheme. Get old passport with valid visa stapled to a new passport. Problem - Will be too long process and it has to go smooth at every step to work.
Option 4 - Go to India. Apply for a new passport in India in Tatkal scheme. Get H1B stamped in a new passport. Problem - Again can be too long process. Have to wait to take dates for H1B stamping till new passport arrives which can take time.
Option 5 - Apply for renewal of passport under Tatkal Scheme in Indian Consulate in Chicago. If approved in 1-3 days, this is the best way. Problem - Consulate officer may not approve reason to issue Tatkal passport.
Option 6 - Apply for renewal of passport through regular process with BLS International in Chicago, if attempt at getting Tatkal passport fails. Problem - Regular processing of passport takes at least 4-6 weeks.
Any input would be appreciated.
Jonty,
I am confused with what you have described in option No.3. What is that extra stapling process?
You can travel with old passport + US visa stamp + New extended passport .
He is just referring to physically stapling two passports together. He meant that getting H1 stamped in old while waiting for new in india will be risky.
My personal opinion is that jonty you are better off sticking to old passport. And then get it done in US when you come back or before you leave. All the best and hope things turn out ok for the medical emergency in family.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
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