H4-H1B : PHYSICAL PRESENCE IN THE USA

[eedukondalu]

I applied H1b visa for wife who is on H4 visa. She got query on Physical presence in the US.

Here is the Query Information:

You Filed the instant petition on April/11/2016 seeking to change the beneficiary's status from H4- to H1B, and extend the beneficiary stay in the US.

How ever a review of the systems shows that the beneficiary departed the US on Feb 22 2016 and returned on April 17 2016. As seen it appears that the beneficiary was not physically present in US at the time that the petition was filed.

it appears that the beneficiary is not eligible for the requested change on status and extension of stay because he/she has not met the physical presence requirement. As such provide evidence that the beneficiary has not violated the physical presence requirement.

 

 

....... anyone  faced this or experienced similar .....? Any thing we can do?

[k2s]

no

 for ur situation.. ATB

[GunturGongura]

1 hour ago, eedukondalu said:

I applied H1b visa for wife who is on H4 visa. She got query on Physical presence in the US.

Here is the Query Information:

You Filed the instant petition on April/11/2016 seeking to change the beneficiary's status from H4- to H1B, and extend the beneficiary stay in the US.

How ever a review of the systems shows that the beneficiary departed the US on Feb 22 2016 and returned on April 17 2016. As seen it appears that the beneficiary was not physically present in US at the time that the petition was filed.

it appears that the beneficiary is not eligible for the requested change on status and extension of stay because he/she has not met the physical presence requirement. As such provide evidence that the beneficiary has not violated the physical presence requirement.

 

 

....... anyone  faced this or experienced similar .....? Any thing we can do?

man change of status lo unapdu ..its mandatory usa lo undali…..outside travel cheykudadu

asalu cos petkuni why she left usa? 

[aviator]

if you travel while cos is pending its considered to be abandoning the petition.

Either you can withdraw and re-file the petition or try responding to the rfe and ask them to see if they will approve without COS which means your wife needs to go out and get h1 stamped after its approved

 

[kothibava]

Clear GA undi ga 

[LuckyLoser]

Rfe provide cheikunte cos deny avthadi .. to use h1 u need to go for visa stamping . Happened to my wife 

[insighter242]

3 hours ago, eedukondalu said:

I applied H1b visa for wife who is on H4 visa. She got query on Physical presence in the US.

Here is the Query Information:

You Filed the instant petition on April/11/2016 seeking to change the beneficiary's status from H4- to H1B, and extend the beneficiary stay in the US.

How ever a review of the systems shows that the beneficiary departed the US on Feb 22 2016 and returned on April 17 2016. As seen it appears that the beneficiary was not physically present in US at the time that the petition was filed.

it appears that the beneficiary is not eligible for the requested change on status and extension of stay because he/she has not met the physical presence requirement. As such provide evidence that the beneficiary has not violated the physical presence requirement.

 

 

....... anyone  faced this or experienced similar .....? Any thing we can do?

should be straightforward ..talk to murthy - 200 kadithey clear avuddi .. 

 

[eedukondalu]

On 10/1/2016 at 1:09 PM, LuckyLoser said:

Rfe provide cheikunte cos deny avthadi .. to use h1 u need to go for visa stamping . Happened to my wife 

Happened ante ela...konchum elabrote....and ela query answers chesav?