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 ligal help pls.......
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Posted on 07-28-08 4:10 AM     Reply [Subscribe]
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hello everybody

I will really appreciate if anyone  has gone through this type of case would response. I specifically always greatful for palla ghare antare dai for his great advises and expect the same in my case.

We hold H visas. I am in H4 and My husband is in h1. We have US born 5 years old daughter too. We all came to see our family on july 2nd. We do not have valid visa in our passport so we applied for visa here in Kathmandu today. Everything went okay but the cosular returned our passport along with white sheet and kept all of our documents with him. The letter he gave mentions our case needed administrative processing. It says if we do not hear from the consulate in two months then only contact them.

What is administrative processing. We are never out of status. My husband graduated in 2002, then he got OPT. He got the job in april 2003 and he had OPT valid till september2003. Company applied for H1 in april but by the time we got our new status he went back to school for one semester as per our lawyer to maintain his status. My husband lso has to attend his job by 10th august so do I.

We have a return ticket for august the 7th. Our daughter has school starting august 18. We are so anxious and frustrated. We have all of our belonging in USA. What happens now? Please help


 
Posted on 07-28-08 7:54 AM     Reply [Subscribe]
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Kick that Consular's Azz when he comes outta embassy building. If I were you, I would've done same.

Well, they might have to check whether ur husband holds valid H1 or not. And, as you know, H1 is issued by US government. So, they might have kept all your  documents to match the records with DHS over here. It's a federal job. It takes time.

You guys should've given a little time on this matter before leaving US. Always remember, PRECAUTION IS BETTER THAN CURE!

Well, I'm surprised that you didn't tell anything to the consular about the problems you mentioned above! You better take another appointment ASAP and lay it on him/her everything. Otherwise, U GUYS ARE SCREWED!


 
Posted on 07-28-08 7:55 AM     Reply [Subscribe]
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Kick that Consular's Azz when he comes outta embassy building. If I were you, I would've done same.

Well, they might have to check whether ur husband holds valid H1 or not. And, as you know, H1 is issued by US government. So, they might have kept all your  documents to match the records with DHS over here. It's a federal job. It takes time.

You guys should've given a little time on this matter before leaving US. Always remember, PRECAUTION IS BETTER THAN CURE!

Well, I'm surprised that you didn't tell anything to the consular about the problems you mentioned above! You better take another appointment ASAP and lay it on him/her everything. Otherwise, U GUYS ARE SCREWED!


 
Posted on 07-28-08 11:45 AM     Reply [Subscribe]
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Hi,

The problem may have been caused due to your CHANGE OF STATUS H-B PROCESSING instead of OVERSEAS CONSULAR NOTIFICATION PROCESSING.

Likewise, most of the time, if the H is a change of status in the US, one has to apply for I-824, Application for Action on an Approved Application or Petition. [In your case, this is not possible now at it takes a lot of time.]

Since the consular has asked for some time from you, there may be no other way, BUT to wait.

I strongly suggest you to IMMEDIATELY CONTACT YOUR ATTORNEY who represented the H-1B petitioner and have them send an email to the consular in Kathmandu - requesting for issuance of visas. That might work.

ADMINISTRATIVE PROCESSING:
Some visa applications require additional special clearances or administrative processing, which requires some additional time. Most special clearances are resolved within 30 days of application. Applicants are advised when they apply. When additional special clearances or administrative processing is required, the timing will vary based on individual circumstances of each case. [See : http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php]

If you do not receive further response within 60 days, email the consulate immediately.

CURRENT WAIT TIMES:
The current wait time for Kathmandu consulate is 21 days. [See: http://travel.state.gov/visa/temp/wait/tempvisitors_wait_result.php?post=Kathmandu&x=89&y=24]
Visitors Visas: 21 Days
Student/Exchange Visitors Visas *** (Excludes: A, G, K, and V): 21 Days
All Other Nonimmigrant Visas: 21 Days

GOOD LUCK.

 
Posted on 07-29-08 2:03 AM     Reply [Subscribe]
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thank you very much for your kind reply. we contacted our lawyer ysterday and she said to call her on friday 11am of miami time.Hope she will sort all out. Thanks again for the great help we really apreciate it.
 
Posted on 07-29-08 2:08 AM     Reply [Subscribe]
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thanks a lot to santoshgiri dai and casino for the kind suggestionsand informations. We really appreciate it. We contacted our lawyer yesterday and she replid back immidiately saying keep patience and asked us to call her friday morning of usa eastern time. Hope everything will be okay soon.

 i still appreciate if anyone has gone through would share their experience. Pls do write if you know anything abt these kind of screw up.


 


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