H4 revoked and dependents stranded in India

[helponrevoc]

I am here on a H1B work permit. I got arrested for a DUI on 22nd October 2016.I understand it is my mistake and this is the first offense of any kind in my driving records..

Unfortunately my Visa Stamping has been revoked by the USCIS under the "Prudential Revocation" act due to the arrest and irrespective of the case outcome, but it does not affect my legal status/stay (H1B Petition) in the USA. I am legal to stay in the USA and the "Prudential revocation" requires me to attend the Visa interview process only the next time I travel to India and try to re-enter the USA. The law however should not impact my dependents visa stamping but unfortunately my dependents visas has already been revoked with the same reason.

They are in India who went for a vacation, but unable to travel back as their visa stamps have been revoked currently.

List of Events with date for your reference:

22nd Oct 2016 – I got arrested for a DUI

27th Oct 2016 – Received an email that my H1B Visa stamp has been was revoked

31st Oct 2016 – Received an email that my Son’s H4 dependent Visa stamp has been revoked

3rd Nov 2016 – Received an email that my wife’s H4 dependent Visa stamp has been revoked

16th Nov 2016 – My Wife and Kid had re-applied for H4 visa and attended the interview at Chennai US consulate. Was given a 221g as the Visa officer is not aware of this situation and requires more administrative processing.

3rd Feb 2017 – Received another 221g with the below reason:

 

“SUBMIT COPY OF CURRENT PASSPORT AND CURRENT VALID VISA FOR  H1B VISA HOLDER”

 

Now, being the USCIS they should already be aware that my H1B VISA Stamp is not valid as they have already revoked it.

 

I also believe from  your forum that :

 “The prudential revocations of visas due to a DUI only impact the visa "stamp," not the person's status. Further, this generally has no impact on the H-4 spouse's visa. There is no need for the H1B worker to have a valid visa stamp in order for the H-4 spouse to travel.”

https://www.murthy.com/2016/08/08/my-husband-is-working-in-h1b-status-but-his-h1b-visa-stamp-was-revoked-due-to-a-dui-can-i-still-travel-using-my-h-4-visa/

Now I am planning to send copies of the below documents to prove that I am still working here in the USA legally in return for the latest 221g query :

·         Copy of My Passport

·         Copy of My Visa stamp on my passport (Irrespective of being valid or not)

·         Employer Verification letter

·         Recent paystubs

·         I797 copy

 

Please advise me in this regard.

[pontevecchio]

Give the firm of Murthy a call.

[NP2020]

Sad to hear the story but yes better to contact the Murthy Attorney

[kksk]

can you check your travel history and see if you have a departure date entry on your I-94 cpb website

[Skr1987]

On 2/6/2017 at 10:15 AM, helponrevoc said:

I am here on a H1B work permit. I got arrested for a DUI on 22nd October 2016.I understand it is my mistake and this is the first offense of any kind in my driving records..

Unfortunately my Visa Stamping has been revoked by the USCIS under the "Prudential Revocation" act due to the arrest and irrespective of the case outcome, but it does not affect my legal status/stay (H1B Petition) in the USA. I am legal to stay in the USA and the "Prudential revocation" requires me to attend the Visa interview process only the next time I travel to India and try to re-enter the USA. The law however should not impact my dependents visa stamping but unfortunately my dependents visas has already been revoked with the same reason.

They are in India who went for a vacation, but unable to travel back as their visa stamps have been revoked currently.

List of Events with date for your reference:

22nd Oct 2016 – I got arrested for a DUI

27th Oct 2016 – Received an email that my H1B Visa stamp has been was revoked

31st Oct 2016 – Received an email that my Son’s H4 dependent Visa stamp has been revoked

3rd Nov 2016 – Received an email that my wife’s H4 dependent Visa stamp has been revoked

16th Nov 2016 – My Wife and Kid had re-applied for H4 visa and attended the interview at Chennai US consulate. Was given a 221g as the Visa officer is not aware of this situation and requires more administrative processing.

3rd Feb 2017 – Received another 221g with the below reason:

 

“SUBMIT COPY OF CURRENT PASSPORT AND CURRENT VALID VISA FOR  H1B VISA HOLDER”

 

Now, being the USCIS they should already be aware that my H1B VISA Stamp is not valid as they have already revoked it.

 

I also believe from  your forum that :

 “The prudential revocations of visas due to a DUI only impact the visa "stamp," not the person's status. Further, this generally has no impact on the H-4 spouse's visa. There is no need for the H1B worker to have a valid visa stamp in order for the H-4 spouse to travel.”

https://www.murthy.com/2016/08/08/my-husband-is-working-in-h1b-status-but-his-h1b-visa-stamp-was-revoked-due-to-a-dui-can-i-still-travel-using-my-h-4-visa/

Now I am planning to send copies of the below documents to prove that I am still working here in the USA legally in return for the latest 221g query :

·         Copy of My Passport

·         Copy of My Visa stamp on my passport (Irrespective of being valid or not)

·         Employer Verification letter

·         Recent paystubs

·         I797 copy

 

Please advise me in this regard.

Hi,

i am also in same situation. Can you please tell, did your wife got visa restamping?