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  • My H-1 visa

    Hi all,

    The INS had recently approved the 8th year extension of my H-1 visa under AC21, since my I-485, which was filed on 11/13/01, is still pending approval.

    Subsequently, I had traveled to India on my Advance Parole to get married.

    When my wife and I visited the US Consulate in Bombay to get my H-1 visa for my wife's H-4 visa, the Consular Officer refused to grant it on the grounds that I had exceeded the maximum period of stay under H-1 status, which according to him is 7 years.

    The Officer did not issue a formal letter of refusal but kept our case pending under Section 221(g).

    When we re-appeared before the Officer with a brief from my employer's lawyer explaining the provisions of AC21, which entitle me to obtain an H-1 visa, he refused once again to grant my visa and:
    1. issued a formal letter of refusal in which he wrote the same reason he had orally stated the first time,
    2. retained a photocopy of the I-797 Notice of Action for the first H-1 petition on the basis of which I had joined my employer,
    3. informed us that the pending case would now be
    transferred to the INS Vermont Center with a request by the Consulate for review and possible revocation of my H-1 status.

    Given the above, could writing to the State Department, the Consulate, and the INS possibly resolve this issue?

  • #2
    Hi all,

    The INS had recently approved the 8th year extension of my H-1 visa under AC21, since my I-485, which was filed on 11/13/01, is still pending approval.

    Subsequently, I had traveled to India on my Advance Parole to get married.

    When my wife and I visited the US Consulate in Bombay to get my H-1 visa for my wife's H-4 visa, the Consular Officer refused to grant it on the grounds that I had exceeded the maximum period of stay under H-1 status, which according to him is 7 years.

    The Officer did not issue a formal letter of refusal but kept our case pending under Section 221(g).

    When we re-appeared before the Officer with a brief from my employer's lawyer explaining the provisions of AC21, which entitle me to obtain an H-1 visa, he refused once again to grant my visa and:
    1. issued a formal letter of refusal in which he wrote the same reason he had orally stated the first time,
    2. retained a photocopy of the I-797 Notice of Action for the first H-1 petition on the basis of which I had joined my employer,
    3. informed us that the pending case would now be
    transferred to the INS Vermont Center with a request by the Consulate for review and possible revocation of my H-1 status.

    Given the above, could writing to the State Department, the Consulate, and the INS possibly resolve this issue?

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