H1B Approved Under Consular Processing After More than 6months Out of Status


srinathchowdary

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Hi All,

                     I got H1B Approved under consular Processing to Vancouver. I 

 

Here is my Situation.

    

                    I already completed my 6 years of H1B On Oct 26th 2013 and so extension filed based on I-140 requesting for 3 years so they gave an RFE on Nov 6th related to client letter, paystubs etc and finally got denied on Feb 6th. I planned to fly on the day itself but the risk is my wife is expecting a baby on April 4th and Doctor strongly adviced not to travel untill delivery is done and she gave letter objecting the international travel. Then after Delivery again same issue Baby cannot fly being days old kid and need to apply for passport, birth certificates etc. Meanwhile I filed fresh H1B on April 4th and got approved on May 6th given 3 years without I-94 pointing me to go to vancouver , canada.  But since i am out of status since Oct 26th i cannot apply for Canada Visa as they are asking for US status in their application. So Can i go to Jamaica as they dont require visa to enter their country or should i go to home country. My wife and baby cannot be able to fly as the baby is having vaccinations stuff and also passport not yet received. Also at the time of concerns with 180 days out of status 3 years Bar i have conversation with Murthy attorney explaining my situation and got Positive Output saying   180 days bars starts from the day of h1b denial.

 

Any Suggestions would be Highly Appreciated in regards to stamping

 

Regards,

 

 

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Hi All,

                     I got H1B Approved under consular Processing to Vancouver. I 

 

Here is my Situation.

    

                    I already completed my 6 years of H1B On Oct 26th 2013 and so extension filed based on I-140 requesting for 3 years so they gave an RFE on Nov 6th related to client letter, paystubs etc and finally got denied on Feb 6th. I planned to fly on the day itself but the risk is my wife is expecting a baby on April 4th and Doctor strongly adviced not to travel untill delivery is done and she gave letter objecting the international travel. Then after Delivery again same issue Baby cannot fly being days old kid and need to apply for passport, birth certificates etc. Meanwhile I filed fresh H1B on April 4th and got approved on May 6th given 3 years without I-94 pointing me to go to vancouver , canada.  But since i am out of status since Oct 26th i cannot apply for Canada Visa as they are asking for US status in their application. So Can i go to Jamaica as they dont require visa to enter their country or should i go to home country. My wife and baby cannot be able to fly as the baby is having vaccinations stuff and also passport not yet received. Also at the time of concerns with 180 days out of status 3 years Bar i have conversation with Murthy attorney explaining my situation and got Positive Output saying   180 days bars starts from the day of h1b denial.

 

Any Suggestions would be Highly Appreciated in regards to stamping

 

Regards,

A passport for a newborn baby can be received in 5 working days if you apply through National Passport Agency. Vaccinations for a baby can be given in any part of the world and there is no vaccination in the first two months of birth. I can understand your situation but do not give these excuses. Immediately go for your visa stamping to home country.

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No i am not using as excuses just i am saying the facts. She was Born on April 5th(saturday) and the hospital applied for SSN and DOB certificates and it has taken 3 weeks and then applied for passport and so far i did not got back. I spoke to Sheela Murthy about my situation and she said 180 days bar counts from the day of h1b denial so once these things are done leave as soon as possible.

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