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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.
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I am in the same situation and my attorney advised me to definetely file my wife's H4 extension along with my H1, but make sure to only request her H4 extension till Sept 30, 2007 so that her H1 approved COS will take effect from Oct 1st.
Hope this helps.
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1 . Where is the donor forum? I could not find it
2. I am a donor (two times). But I do not have access to it.
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Mostly they do not ask you 797 if you have valid stamping. You need to show new original 797 only if you have extended one, so that they will issue i-94 till end of your extension, otherwise your i94 will have expiry date (of stamping in passport ) as your end date of I-94.
Does that makes sense ?
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freddyCR
February 1st, 2005, 11:52 AM
Well...I guess there are as many different opinions on that, as there are varieties of coffee. For me, it certainly is.
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I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
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yes you can use AP, when you transfer your H1B to new company.
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I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.
Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?
It means you are on your way to Greenland very soon!
Good luck
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Rajiv Khanna www.immigration.com
Sheela Murthy www.murthy.com
Mathew Oh www.immigration-law.com
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That would be devastating! I dont see any positives out of that move.
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Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.
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My H1B was filled 4 years back, with 20k less than what I am making now...so as long as i making whatever i filed in H1, I should be fine..right ?
yes
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RadioactveChimp
04-18 11:37 PM
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vaishnavilakshmi
06-22 08:18 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
hi,
we are in the same boat and our lawyer also say the same!
vaishu
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Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
PD = Priority date. That is the date that gets assigned to your case which is the date your labor/perm was filed or the date you directly filed I-140 if no Labor/Perm was required. You can only file your 485 once the visa date in the visa bulletin for your EB category is either current, matches your PD month or is a date later than your PD date.
One you file for 485, you can avail benefits like EAD a.k.a workpermit for you and your wife who can choose to use the work permit to avail any job. There can be an argument made that still keep working on your H1, but EAD helps spouses work legally who are otherwise on H4 and are not allowed to work.
Again check with an attorney for legal advice, this is just a nutshell of the process. Hope it helps
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vandanaverdia
11-14 08:02 PM
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Hello,
My wife and I have a pending AOS, and have our EADs.
My priority date for EB-2 is September 2004.
I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.
Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?
Thank you,
Sidd.
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Yes, The VISA page is readable. But I am not sure if it is readable by machines electronically in case if there is any invisible damage to it. Does it must be readable by electronic machines too?
It would be of great help if any one on this forum or their aquaintaince could assist my aged parents travelling from Hyderabad,India to Atlanta,GA by British Airways on 10-27-09.
I know this might not be the right question on this forum, but apologies for any inconvenience caused to anybody.
Thanks in advance
Roger Binny
02-09 03:55 AM
Sorry to hear the situation.
As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.
In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.
If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.
Compared to H4, over stay may cause more trouble for now and later in AOS.
PS: My 2 cents and i'm not an attorney.
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