vxb2004
12-25 10:11 PM
Hi
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
Mention you are in I-485 adjustment status. Thats the truth...good luck.
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
Mention you are in I-485 adjustment status. Thats the truth...good luck.
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xZeRo23
06-21 06:54 PM
What is that animal?! O.o
siddar
03-29 09:46 AM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
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lotta
07-18 08:16 PM
Probably not. Perhaps worst case is RFE, which can be easily answered in your case.
more...
Nikith77
12-11 01:24 PM
Hi Gurus
Do we get FP again for second EAD :confused:
Thanks in advance.
Do we get FP again for second EAD :confused:
Thanks in advance.
sarosi
04-16 09:41 PM
I have the following status working with the original H1B employer who filed for my green card petition:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
more...
same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
2010 wallpapers for formspring.
babu123
07-12 11:14 AM
This is a big scam. I see there is a big political heads intervention in this for reversing july bulletin.
Since everything is coming out day by day, politicians also started escaping out.
Now USCIS should look for its own safety as the politicians who suported them earlier had given HAND to them now.
As part of safe game, they sent out that numbers to DOS, saying that we cant allocate numbers, and thrown ball into DOS court now.
Everyone is playing their own safe game.
What i feel at this moment, instead of digging the scam further, a big guy should negotitate with USCIS and ask them to revert back to initial bulletin giving an assurance that no digging will be done in the scam. I dont know how far this will happen, as already the matter is going to the court now.
Since everything is coming out day by day, politicians also started escaping out.
Now USCIS should look for its own safety as the politicians who suported them earlier had given HAND to them now.
As part of safe game, they sent out that numbers to DOS, saying that we cant allocate numbers, and thrown ball into DOS court now.
Everyone is playing their own safe game.
What i feel at this moment, instead of digging the scam further, a big guy should negotitate with USCIS and ask them to revert back to initial bulletin giving an assurance that no digging will be done in the scam. I dont know how far this will happen, as already the matter is going to the court now.
more...
Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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mailsunnydeol
07-22 01:17 PM
Guys, is there any way to expedite her EAD to be approved soon? The available solutions you have include:
1. File for your wife's H1 extension
2. After 60 days of filing your EAD, take an Infopass appointment and request an expedite process of your wife's H1 stating financial hardships, job loss etc.
can she continue work in h1 even if her h1 has expired until 90 days? No
1. File for your wife's H1 extension
2. After 60 days of filing your EAD, take an Infopass appointment and request an expedite process of your wife's H1 stating financial hardships, job loss etc.
can she continue work in h1 even if her h1 has expired until 90 days? No
more...
siddh_g
05-06 07:30 PM
And how does consular processing help? Can I enter US before getting a GC in this case?
hot ackgrounds for formspring
jonty_11
05-13 05:16 PM
Hi,
My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.
Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?
Whats the right way of handling this?
My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.
Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?
Whats the right way of handling this?
more...
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kvrr
04-27 09:00 PM
I have a approved I-140. Applied for 3 year H1 extension in Oct 2006. 3 year H1 extension approved on 5th Feb 2007. Received H4 dependents extensions. Did not receive my I-797. Requested my consulting company to check why I did not receive my I-797 with I-94. They lied to me that they called USCIS and I/they/lawyer will get copy in 30/45 days. My MN drivers license got canceled/suspended on 04/24/2007 because I did not submit approved I-797/I-94. Company lawyer informed my company that they applied under premium processing for duplicate copy on 04/16/2007. I called USCIS and they told me this is bullshit. There is no premium processing for duplicate document. Lawyer does not want to reveal which form he filed for duplicate document. I also applied this week using form I-824 for duplicate copy of approved H1 extension. Called USCIS, and they said I will get a receipt number in 15 days and copy in 2-3 months. This copy will not include I-94, so it is useless. What options do I have. My lawyer is an American and he thinks it is below his dignity to answer my calls.
What options do I now have? Any options will be appreciated.
What options do I now have? Any options will be appreciated.
tattoo Formspring Cute Backgrounds:
crazy
06-13 11:23 PM
When can we change job? just after filing for 485. Or we have to wait for EAD and then only can change the job?
more...
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Saralayar
03-14 09:41 AM
Hello
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not get a hard copy. The approval goes electronically to your company attorney. Then your company will send you some papers to be signed by you and then they will file the I-140.
My Labor approved in May 2007, Still i didn't received my Labor Hard Copy.
Anyone in same boat??:eek:
You will not get a hard copy. The approval goes electronically to your company attorney. Then your company will send you some papers to be signed by you and then they will file the I-140.
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gcformeornot
04-09 11:45 AM
to pay for PERM and 140. Employee can in no way be involved in PERM process...
more...
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Iamthejuggler
03-29 01:24 PM
I am not the judggler!
girlfriend of Formspring+ackgrounds+
am4gc
01-17 07:54 AM
EAD 1: valid from Jan10 2005- Jan 9, 2006
on July 11, 2005 you applied for EAD 2
On July 29 , 2005 you got it approved. What will be EAD 2 's start date? 30 July , 2005 or Jan10, 2006?
If 30 July 2005, then basically you loose 6 months of time, that means you are getting EAD of 6 months duration.
on July 11, 2005 you applied for EAD 2
On July 29 , 2005 you got it approved. What will be EAD 2 's start date? 30 July , 2005 or Jan10, 2006?
If 30 July 2005, then basically you loose 6 months of time, that means you are getting EAD of 6 months duration.
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Eternal_Hope
03-02 09:11 PM
EB1 was applied under the Extraordinary ability. I also have a EB2-NIW I-140 cleared as well. Hope that answers your question.
As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........
As far as I know employer sponsorship is not required for EB-1 EA case; not sure why you had to file I-140 for this ...........
senk1s
10-04 04:33 PM
i've read that the interim EAD is discontinued until further notice.
you may schedule an infopass appointment and they'll expedite the original app (When its pending for >90 days)
I know a friend of mine who got EAD about 3 weeks ago(Jul 2 filer)
you may schedule an infopass appointment and they'll expedite the original app (When its pending for >90 days)
I know a friend of mine who got EAD about 3 weeks ago(Jul 2 filer)
gcformeornot
01-20 01:10 PM
I am working for a consulting firm and my 6 year H1 is expiring on March 2012. My I-140 is approved as of Dec 2008(EB3) - pd Aug 2007. I-485 not filed yet due to PD not current.
I have a fulltime offer from my client which is a global bank and so i would like to move to them
My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
My current employer wont give the copy of approval.
1. With this Can I apply for I-140 based 3-year transfer?
2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?
have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
You should get a 3 year ext based on old employers 140.
I have a fulltime offer from my client which is a global bank and so i would like to move to them
My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
My current employer wont give the copy of approval.
1. With this Can I apply for I-140 based 3-year transfer?
2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?
have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
You should get a 3 year ext based on old employers 140.
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