sameet
06-26 04:48 PM
My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...
I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.
I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
Just to clarify I have not used my EAD. Still on H1B.
poorslumdog
10-12 12:26 PM
Hi Guys,
I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...
I understand that there are antis here...but it doesnt mean that everyone is anti and even real issue needs to be avoided. Ron hira and Simple1 just became paraniod. I would appreciate if anyone has any proper info...
Rinsha
04-03 07:56 PM
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Saralayar
03-18 02:01 PM
There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
more...
sundarpn
01-02 06:33 PM
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
EndlessWait
02-21 03:41 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
no accountability..just pay the fees, shutup and wait..
sorry dude but that's the reality
more...
dasmilan
07-17 07:27 PM
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
WeShallOvercome
07-18 12:05 PM
I think it has to be either you or your lawyer. No third party should get any communication from USCIS. So I guess you'll get it - if at all they send it back.
more...
p_kumar
08-28 04:02 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
JazzByTheBay
07-27 01:33 PM
Heard back from the attorney - filing after Aug. 17th.
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
more...
ramus
06-11 07:40 PM
This is not good statement.
He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
We need more members and we can't run away our members with this kind of language.
Cut this crap of being positive!!!! A fool is a fool!!!
He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
We need more members and we can't run away our members with this kind of language.
Cut this crap of being positive!!!! A fool is a fool!!!
gcformeornot
09-25 07:50 PM
1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
more...
snathan
02-17 06:10 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
Since you are already very close to the GC, I would not recommend to go for EB2. It would take 1-2 years for the PERM and I-140 get cleared. By that time you might have got your GC. If your employer is ready to spend, give a try and you are not going to lose anything.
Since you are already very close to the GC, I would not recommend to go for EB2. It would take 1-2 years for the PERM and I-140 get cleared. By that time you might have got your GC. If your employer is ready to spend, give a try and you are not going to lose anything.
ssdtm
05-07 08:06 PM
If your original 140, on the basis of which you filed 485, gets revoked you are in trouble. You may get denial notice that you will have to contest. Needless to say, you have a good ground if you can prove it that job change was in synch with norms / rules laid out in AC21.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
more...
Bhadwaj
07-15 05:26 PM
Hello,
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
Here is my situation.
a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
e) I have not travelled outside of the country since my last arrival.. (pls see #b)
Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.
"An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE
This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.
Now, my questions to our experts are
1. Since I am within my I-94 expiry date., am I in lawful status?
2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
4. What should I do now to correct ...? my I-94 expires in another month.
Please help!
div_bell_2003
06-22 12:43 PM
Your H1B extension has no value till 09/24/10 when it becomes active.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
You can probably go to India to get H1B stamped on July but you have to present your current H1B approval as the petition required and ( check with your office lawyer on this ) you are most likely going to get H1B visa valid till 09/23/10 ( based on your current petition ) . I don't know what your POE in US is , but I've heard/read anecdotes where the CBP officer at POE plays 'too much on top of his things' and tells people that their entry date is very close to their visa expiration date , that's when you bring out your extension approval. Once again , please check with your lawyer on possible issues to look out for, but this can be done.
You can work legally in US with an expired visa and a legitimate H1B extension approval notice.
Good luck.
more...
Abhinaym
08-13 10:12 AM
<Doing the rain dance>
fromnaija
11-18 05:29 PM
Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
perm2gc
10-20 12:11 PM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..
nkavjs
11-15 10:00 AM
I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.
There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.
From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!
By this location I mean where Ashleys furniture is on US 31 and 146th Street.
I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.
Hello Folks :
I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
Thanks
RPH
There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.
From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!
By this location I mean where Ashleys furniture is on US 31 and 146th Street.
I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.
Hello Folks :
I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
Thanks
RPH
rayen
05-06 06:04 PM
Case: H1B transfer Denial
One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...
One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...
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