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  • USCIS reaffirmed the approval of this case

    Hi Ron,


    Sorry for making this long , thanks for helping .

    I appeared for visa stamping Toronto, Canada consulate along with my family in June and got 221g based on employer employee relationship (control of daily tasks) case was sent back to USCIS for review.

    From Toronto I sent my family to India and I came back to US on AVR with in 30 days. I was lucky to come back by presenting valid I797 and valid I-94; consulate did not mark any thing on my passport.

    After coming back filed new H1b and got approved and based on new petition family appeared in New Delhi and got 221g again because of previous rejection in Toronto even though new petition supersede. Case is still pending with New Delhi since around 4 months.

    Yesterday got mail from USCIS through auto status on my previous H1b petition for that I appeared in Toronto saying that "USCIS reaffirmed the approval of this case and returned the case to the Department of State for visa processing"

    what are my options now to bring my family back

    1) Should I reach out to Toronto consulate and tell them USCIS reaffirmed but now I am no longer with same company. I can go back to them if require.

    2) Should I tell to New Delhi consulate that previous petitions also reaffirmed.

    I approached congressman office and New Delhi consulate also replied to congressman office that we can not issue visa unless decision made on pervious case now decision. Congressman office escalated the case to department of state they said they will investigate this.

    3) Should I contact congress man office and tell write to New Delhi consulate that now it previous petition has been re-affirmed



    Thanks,
    Naveen

  • #2
    Re: USCIS reaffirmed the approval of this case

    You need to consult with an experienced immigration lawyer before you proceed with anything. Never mind that the visa officer failed to note anything on your I-94, you became automatically ineligible for automatic visa revalidation as soon as you applied for a visa in Canada. This means that your subsequent entry was illegal.
    Ron

    James Ronald Gotcher
    Global Immigration Partners
    4505 Las Virgenes Road, Suite 107
    Calabasas, CA 91302

    818-914-6482
    Inquiries@GotcherLaw.com

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