maristella61
04-19 04:04 PM
My PD is now current and i will be filing in May !
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
My attorney sent me package with all papers to sign and is requesting a letter of approval of my visa of 2001 which I do not have. I only have the approved Visa on the passport (Not the letter):confused. Does anyone know if this could be a problem? Why would they need the letter if we have the original approved Visa on the passport?
Thanks in advance and good luck to all who are still waiting.
:confused:
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bekugc
03-17 09:29 PM
regarding the below question while using AC21
2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?
can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS
thanks
2. first join the new company using EAD, then ask the new company to apply for H1 transfer. will this work?
can somebody tell if there is any issue with this? as i mentioned, i havent used AP and existing i-94 still indicates H1b status (not AOS
thanks
jthomas
05-05 06:16 PM
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
- cheers
kris
It totally depends on how much risk one wants to take. If someone's PD is near to approval he may think about getting back to the same position temporary.
I have a canadian PR so i took the risk of taking unemployment benifits.
you can never know when USCIS would be sending a RFE. We guys have been waiting for a long time or some of them still have to wait for a long time. So calculate the risk
Secondly in my field most of the jobs have been moving to China and i don't think my petitioned job would be in US after 2-4 years.
J Thomas
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jamesingham
05-06 12:23 PM
I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
more...
anci
11-14 01:33 PM
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
Thank you very much in advance.
Anci.
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
Thank you very much in advance.
Anci.
dilbert_cal
07-10 12:00 AM
Answer inline in different color
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
more...
ivgclive
05-10 01:15 PM
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
June Bulletin will be history in few days! However, people are paying lawyers even for knowing why the visa bulletin hasn't come on the day they wished, in the first week of the month, even though it is supposed to be on 15th of every month.
May be they are going to audit your case along with 10 FBI agents.
Let us start the prediction, analysis, etc, game for the July Bulletin.
June Bulletin will be history in few days! However, people are paying lawyers even for knowing why the visa bulletin hasn't come on the day they wished, in the first week of the month, even though it is supposed to be on 15th of every month.
May be they are going to audit your case along with 10 FBI agents.
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$eeGrEeN
09-10 12:45 PM
I think members have written tons of pages on forums, spent days not hours predicting the actions of USCIS. But we need to understand that nothing and nobody can predict three things.
1. Earthquakes
2. Shooting stars and
3. USCIS
u may be right , Although the bill H.5882 hopes to remove the last item on ur list.
1. Earthquakes
2. Shooting stars and
3. USCIS
u may be right , Although the bill H.5882 hopes to remove the last item on ur list.
more...
yabadaba
08-07 09:26 AM
are you dumb or something????
this has been out for weeks...we are waiting for the september bulletin
what a moron!
this has been out for weeks...we are waiting for the september bulletin
what a moron!
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dan19
08-22 03:23 PM
Hello EB2ToEB3
Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?
Thanks for your earlier reply.
Dan
I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
Do you remember whether your job requirement specifically asked for BS in CS or just BS in Engineering?
Thanks for your earlier reply.
Dan
I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.
more...
number30
02-19 08:55 PM
Hello
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Two years back I was arrested for felony domestic violence. My parents were here visiting. Father was also arrested for felony and mother for misdemeanor. Mothers case came up first. We won the case and jury decided not guilty. Me and my father were not formally charged by DA. Also at that time I was charged with violation of no contact order. I contested the case and the case was dismissed w/o prejudice.
Since then me and my wife are living together. I recently applied for citizenship and declared my arrest and the court documents.
I have also had couple of traffic tickets..one for following too closely and second for speeding like 18 miles above speed limit. Got both the tickets dismissed. I did not declare traffic tickets in N400.
I have been given a date to do the finger prints...
How all of this will affect my application for citizenship. Both me and my wife applied for citizenship..
if my application is denied then could I be deported. I came to us based on immigrant visa granted to the family because wife is a registered nurse. my GC is valid until five more years..
The court finding in violation of no contact order was "dismissed w/o prejudice". I pleaded NOT GUILTY at the time of arraignment and my attorney moved knapstead motion and on lack of action from city to contact the witness, the judge granted the motion and dismissed the case w/o prejudice.
And for charge of "unlawful imprisonment and interference in reporting", the DA sent a letter to my wife saying" this notice is to inform you that the Prosecutor's Office has made a decision not to file criminal charges in th above matter. The decision was made carefully and in accordance with office policy and charging guidelines. A decision not to file charges does not necessarily mean we concluded that no crime was committed. We must consider many factors in making a decision whether to file criminal charges." I on the other hand never got any letter from Prosecutor's Office.
Me and my wife were interviewed on 02-18-10. We were interviewed separately. My wife got the citizenship and I got N-652, saying a decision cannot be made at this time. during my interview I presented all the paperwork I gathered from the courts.i passed both the english and civic exams.
As I already said that I was charged with Violation of no contact order and I contested the case and the case was dismissed w/o prejudice. In the court dockt it was written " THE COURT FINDS PROBABLE CAUSE." but the case was dismissed in the pretrial thru knapstead motion. There is NOTHING wriiten in the dockt that suggest that " COURT HAS FOUND THAT THE VIOLATION OF NO CONTACT ORDER OCCURRED". Could I be deported?
Much thanks in advance
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
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ujayra01
05-10 08:03 PM
I did apply PIO for my daughter 3 weeks ago and it's still processing. This is NY consulate. The status simply says couple more days!
more...
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sgorla
01-29 07:16 PM
logic,
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).
As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.
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kartikiran
06-17 05:13 PM
paulkurni, please join your state chapter. Even before Obama's mention in the Cairo speech, IV Core has been trying to do whatever you have mentioned.
We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
more...
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abhi_jais
12-03 11:35 PM
I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...
In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.
Let's see hoping for the best.
In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.
Let's see hoping for the best.
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siddar
11-09 04:38 PM
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
more...
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rajeshalex
11-18 07:07 PM
you can check with info@alexys.us... They can help you to get the appointment.
My H1b I did through them..
Rajesh
My H1b I did through them..
Rajesh
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RamBihari
02-23 05:25 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Hopefully you'll get green card in July.
Porting is not that big of an issue as it may seem, its just matter of employer being willing to cooperate with applicants, rest of things falls into place itself.
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saurin
02-10 08:02 AM
Hi Ann,
Yes I do have an EAD. Thanks for your reply.
Yes I do have an EAD. Thanks for your reply.
texcan
09-14 06:58 AM
Out of the labor backlog that covers me,
Black as the Pit from pole to pole,
I thank whatever gods may be
For IV's unconquerable soul.
In the fell clutch of rules quagmire
I have not winced nor cried aloud.
Under the bludgeoning of chance
My career is bloody, but unbowed.
Beyond this GC pace of wrath and tears
Looms but the Horror of the delay,
And yet the menace of the rules
Finds, and shall finds me/us/IV unafraid.
Waiting in vain for Name check, Years wasted in pain
Though I know, I have never done nothing wrong
One day to be out of this nightmare is my hope
I know for sure without IV I cant cope
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate
I am the captain of my soul.
---------------------------------------------------
This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html
I made changes in original work. See if you all like it, and lets see how we can reference it.
I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html
Thanks for reading
Black as the Pit from pole to pole,
I thank whatever gods may be
For IV's unconquerable soul.
In the fell clutch of rules quagmire
I have not winced nor cried aloud.
Under the bludgeoning of chance
My career is bloody, but unbowed.
Beyond this GC pace of wrath and tears
Looms but the Horror of the delay,
And yet the menace of the rules
Finds, and shall finds me/us/IV unafraid.
Waiting in vain for Name check, Years wasted in pain
Though I know, I have never done nothing wrong
One day to be out of this nightmare is my hope
I know for sure without IV I cant cope
It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate
I am the captain of my soul.
---------------------------------------------------
This is based on Invictus, a work by William Ernest Hanley, Ref http://www.bartleby.com/103/7.html
I made changes in original work. See if you all like it, and lets see how we can reference it.
I like Invictus, very encouraging work, its good read for everyone. Ref http://www.bartleby.com/103/7.html
Thanks for reading
cdeneo
01-05 04:44 PM
I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).
Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
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