neelu
01-12 07:34 PM
Hello all,
I need a clarification about the I-94 thing.
As I have mentioned previously, my husband got a 3 year extension on his H-1 ( I 140 approval ) till 08/2009 and he went to canada for stamping since we are planning to leave for India. He drove to canada and the officers at the border while entering into canada did not take his old I 94( expired 08/2006) which was on his older passport ( expired 04/2006). While on his way back to US, they stapled the lower part of his I-797 dated till 08/2009 to his new passport (current one) and stamped on the passport. But they did not put any date on the stamp where it shows'dated till'.
We are leaving for India tomorrow and have a couple of questions in this regard:
1. Is it okay to have two I 94's in the two different passpots? Has it happened to anyone who drove to canada that their older I 94 has not been taken?
2. While departing to India, which I-94 will be taken? the expired one on the older passport or the new one in the new passport. If the new one has to be taken, as it is a part of the original I-797 form, should it be surrendered to them?
We really appreciate your answers. Since we are travelling tomorrow, we are really concerned about this issue.
Thank you very much in advance.
I need a clarification about the I-94 thing.
As I have mentioned previously, my husband got a 3 year extension on his H-1 ( I 140 approval ) till 08/2009 and he went to canada for stamping since we are planning to leave for India. He drove to canada and the officers at the border while entering into canada did not take his old I 94( expired 08/2006) which was on his older passport ( expired 04/2006). While on his way back to US, they stapled the lower part of his I-797 dated till 08/2009 to his new passport (current one) and stamped on the passport. But they did not put any date on the stamp where it shows'dated till'.
We are leaving for India tomorrow and have a couple of questions in this regard:
1. Is it okay to have two I 94's in the two different passpots? Has it happened to anyone who drove to canada that their older I 94 has not been taken?
2. While departing to India, which I-94 will be taken? the expired one on the older passport or the new one in the new passport. If the new one has to be taken, as it is a part of the original I-797 form, should it be surrendered to them?
We really appreciate your answers. Since we are travelling tomorrow, we are really concerned about this issue.
Thank you very much in advance.
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ssdtm
03-01 04:45 PM
There is nothing you can do now. You cannot change the past. Realistically there is only a very small probability that it will become an issue at 485 approval stage.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
Even otherwise, this was Employer's responsibility, not yours, to keep your LCA updated.
pbojja
11-17 06:22 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
2011 road to TRANSFORMERS: DARK
gcturbulance
06-22 10:41 AM
Hi Experts/Lawyers,
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
more...
ajithkumar
04-26 05:49 AM
Hi
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
laststraw
06-23 01:47 PM
Thanks fromnaija.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
Will my I485, which was filed in July 2007, be automatically re-activated if my EB2 AAO appeal is approved?
I won't be filing my new I140 until probably sometime next year as I am just working on my PERM advertisements now. I am assuming that there is no time limit to using a priority date from an earlier I140.
more...
jonnalagedda
06-24 07:11 PM
I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
Are there any risks here?
Are there any risks here?
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linklinklink
06-22 04:40 PM
Both my daughter and I have her old I-94 number on our new I-94s. They did not put my old I-94 number on my new I-94.
more...
harrydr
08-26 10:36 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct.
Please throw some light on the above points. Thanks in advance.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct.
Please throw some light on the above points. Thanks in advance.
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Jerrome
05-20 04:46 PM
bump...
more...
meridiani.planum
04-02 01:12 AM
04/02/2008: Petitions/Applications Backlogs as of 02/29/2008
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
FB immigration is capped at 480K and EB immigration at 140K. Both are backlogged.. the ratio of cases is also perhaps 3:1 or 4:1, so the bulk of those pendng 485s are likely to be family based. the EB I-485 cases are probably somewhere around 250k of that 750k...
Also, what is a backlogged case? USCIS has been changing the definition as they see fit. At one point cases that were pending FBI namecheck were not counted in backlogs!
* I-140: 147,913
* I-485: 787,516
* I-130: 1,367,289
* I-765 EAD: 150,028
* I-90 Green Card renewals/replacements
* For other statistics, please click here.
Source -
http://www.immigration-law.com/
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Februa ry08.pdf
The backlog is so huge that there is no "light" at the end of the tunnel
FB immigration is capped at 480K and EB immigration at 140K. Both are backlogged.. the ratio of cases is also perhaps 3:1 or 4:1, so the bulk of those pendng 485s are likely to be family based. the EB I-485 cases are probably somewhere around 250k of that 750k...
Also, what is a backlogged case? USCIS has been changing the definition as they see fit. At one point cases that were pending FBI namecheck were not counted in backlogs!
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Jaime
09-12 02:59 PM
http://immigrationvoice.org/forum/showpost.php?p=114880&postcount=3560
Thanks
Thanks
more...
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aries22
07-18 09:16 AM
Are you saying client company will not pay for the expenses or it will not sponsor H1 visa? If the Client Company does not sponsor H1 visa, i do not think you an sponsor yourself.You can pay for your expenses if client company sponsors H1 visa.
Thanks for your reply.
I read that with a signed offer letter from the company we can transfer.If they give me the letter and not pay any expenses can I still transfer?
Thanks for your reply.
I read that with a signed offer letter from the company we can transfer.If they give me the letter and not pay any expenses can I still transfer?
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sertasheep
07-01 10:36 AM
As far as I recollect, the Murthy article was about the spouse(dependent) receiving a GC (as part of a derivative spousal application) when his/her spouse(primary beneficiary)'s PD or her PD was not yet current.
Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.
Primary beneficiary had not received the GC, but spouse received it in error. May be that's diff from the situation where the primary beneficiary himself/herself receives the GC while the PD is not current.
more...
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123Wait
10-25 05:58 PM
I attended the last telecon and it was very informative. Let show our issue to the real person "Ombudsman". where things move faster!!!!
Who is ombudsman?
An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
en.wikipedia.org/wiki/Ombudsman
Who is ombudsman?
An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.
en.wikipedia.org/wiki/Ombudsman
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martinvisalaw
07-30 05:01 PM
Occupations on Job Zone 5 are listed here: Job Zone Five: Extensive Preparation Needed (http://online.onetcenter.org/find/zone?z=5&g=Go).
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
more...
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kobi
09-18 10:46 PM
I applied for H4 to H1 conversion (April'06) and then travelled to India (May'06). I came back on H4 (Jun'06). After one month my H1 was approved which includes a new I 94 valid from Oct'06.
Is this H1's I94 valid..?, as per law USCIS should abandon COS approval if alien travels out of U.S during its process.
Can I start my employment from Oct '06 or do I have to get my H1 stamped.
Is this H1's I94 valid..?, as per law USCIS should abandon COS approval if alien travels out of U.S during its process.
Can I start my employment from Oct '06 or do I have to get my H1 stamped.
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Scythe
03-17 04:11 PM
"WHAT," "GUESS," "MY NAME iS," "GREAT"
"NO" is in there several times.
"NO" is in there several times.
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andycool
12-25 07:19 PM
Hi,
Need quick suggestion:
Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.
I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.
I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.
Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.
Please advice.
V
you should be fine ...
just keep your AC21 documents intact...
Have a happy new year ..dont worry,
Need quick suggestion:
Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.
I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.
I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.
Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.
Please advice.
V
you should be fine ...
just keep your AC21 documents intact...
Have a happy new year ..dont worry,
Blog Feeds
01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
pbojja
04-15 02:52 PM
Thanks Vamshi , No worries just curious .
I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .
I rather most of us achived what ever we achevied in hard way , so I know from the begining I will get GC in the hard way .