Urgent help required


#1

Asking on behalf of my friend.

My friend applied for PR via EE and he also got the ITA in last draw (same as mine). My friend’s wife is on H1B right now and her i-94 is expired. Unfortunately her Visa extension got denied and now she has to quit the job in US and go back to India because of Visa issues. She is planning to come back on H4 dependent visa. She is NOT the Primary applicant. So the problem is, her PCC is not yet done. Looking at the current immigration situation even H4 approval can take a while and they have submit the documents before Nov5. So what are her best options? Can she get her PCC from India?
Please throw some suggestions/options.

Cc @anshul.v.joshi @vik


#2

Look into whether she can apply for AoS to H4 without leaving US.

She can always get PPC from India. Not sure how that works though. However the tricky thing might be that she might need a FBI PCC after she leaves US and say that her country of residence is India.

If that is not an option and PPC has already been applied, she can visit another country except India, till they get the AoR.


#3

Thanks for quick response @eap. Looks like AoS is the better option but not sure if she can do it with expired i-94. Luckily she already has her FBI clearance report which she got 2 days back.


#4

Get a competent attorney for US immigration issue. If his wife ends up going to India before AoR, she might need to claim India as residence, redo FBI PCC to cover her last day in US (she can do the fingerprint and leave them here before flying out) and apply for India PCC from India as soon as she gets there.

Her best course of action would be to find a way to stay in US till AoR. If that is not possible, leave for India as soon as possible, apply India PCC there and don’t come back till AoR while enjoying time with family.


#5

Wow that’s complicated :frowning: He is trying to get a lawyer ASAP

Thank you so much for help @eap