martinvisalaw
07-24 02:46 PM
hello..
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.
My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)
Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?
Is it illegal to stay on expired i-94..but witha valid H1?????????
The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.
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nousername
04-07 09:00 PM
Once you switched from F1 to H1 your F1 becomes void.
If you can get an approved transfer (don't know form # or name) then you should be good, and don't need another stamp. That is my best "guess".
Hi,
I was on an F1 visa until Oct, 2008 and on H1-b visa after that.
The expiry date on my F1 visa stamp is in 2011.
I intend to convert from H1 to F1 . Do I require a new F1 visa stamp or will my old stamping be valid still?
Thanks in advance.
If you can get an approved transfer (don't know form # or name) then you should be good, and don't need another stamp. That is my best "guess".
Hi,
I was on an F1 visa until Oct, 2008 and on H1-b visa after that.
The expiry date on my F1 visa stamp is in 2011.
I intend to convert from H1 to F1 . Do I require a new F1 visa stamp or will my old stamping be valid still?
Thanks in advance.
glus
03-28 08:39 AM
Last year CIR expired. Yes, senate must pass its own version of the bill. It could be that it will be a very similar to CIR from last year. If only house passes its own bill, and no senate bill is passed, there is no new law. Both chambers must act in order to create a new binding law.
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h1techSlave
04-24 02:03 PM
I have similar questions and do not know the answer. Hope the lawyer would answer it during the conference call:
http://immigrationvoice.org/forum/showthread.php?t=18654
http://immigrationvoice.org/forum/showthread.php?t=18654
more...
pvpb
10-11 12:33 PM
can u pls let me know ur date your application has been mailed and to which center.
I mailed it to NSC on aug 3rd nothign yet..
Hello Guys....,
My and My Spouse I-485 & FP, EAD and AP all checks cleared yesterday and I found the Receipt Number on Back of the Cleared Checks. But when I check the status on the USCIS System. It says check the receipt Number. Is any one face this type of problem....? Please advice. Thank you.
EB-3 IND 09/2004
Thanks,
Sree
I mailed it to NSC on aug 3rd nothign yet..
Hello Guys....,
My and My Spouse I-485 & FP, EAD and AP all checks cleared yesterday and I found the Receipt Number on Back of the Cleared Checks. But when I check the status on the USCIS System. It says check the receipt Number. Is any one face this type of problem....? Please advice. Thank you.
EB-3 IND 09/2004
Thanks,
Sree
gskumar
05-06 04:31 PM
Hi guys,
My H1-B visa is approved lastyear (Jan 2007).and I came to US on Mar 2007.
In my H1-B visa the DOB is wrongly entered.In my passport the DOB is correct.I havent checked this and i m in US now.When i went to Driving office to apply for my drivers license they asked me to correct the DOB in my VISA.
Can anyone helpme out how to change correct my DOB in my H1-VISA.
Whats the procedure to change my DOB in my Visa.
Any help is appericiated.
Thanks in advance
Kumar
My H1-B visa is approved lastyear (Jan 2007).and I came to US on Mar 2007.
In my H1-B visa the DOB is wrongly entered.In my passport the DOB is correct.I havent checked this and i m in US now.When i went to Driving office to apply for my drivers license they asked me to correct the DOB in my VISA.
Can anyone helpme out how to change correct my DOB in my H1-VISA.
Whats the procedure to change my DOB in my Visa.
Any help is appericiated.
Thanks in advance
Kumar
more...
Alcanor
July 1st, 2004, 06:08 AM
Thanks for your comments :) I hope that this will be the beginning of a good friendship :P ;)
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greenguru
02-10 10:21 PM
This is all the list i follow...
Copies of ALL degrees and transcripts (both front and back),
(starting from 10th standard)
. Certificate(s), Diploma(s) and transcripts relating to
training in courses for computer/software programming
. Copy of Educational/Work experience evaluation report, if any;
. Copies of all experience letters for experience in IT . Try to
give as many documents as you can, including Offer letters, appraisal
letters, promotion letters, salary hike certificates etc., (if u are
having)
. Copies of 4 latest pay-stubs
. Copy of latest Resume
. Copy of Passport with I 94s(If already in US)
. Copy of SSN Card (If U have)
. Your current address & Foreign Address (Permanent Address in
India )
. Copies of all Previous H1B/L1 approval notices(If any)
. Name of the nearest US consulate that you can obtain H1 visa
stamping
. Date of first arrival in to US on H1 status
. Prior Periods of stay on H1 classification (Give all the dates)
. List Education Qualification: Highest Degree
Copies of ALL degrees and transcripts (both front and back),
(starting from 10th standard)
. Certificate(s), Diploma(s) and transcripts relating to
training in courses for computer/software programming
. Copy of Educational/Work experience evaluation report, if any;
. Copies of all experience letters for experience in IT . Try to
give as many documents as you can, including Offer letters, appraisal
letters, promotion letters, salary hike certificates etc., (if u are
having)
. Copies of 4 latest pay-stubs
. Copy of latest Resume
. Copy of Passport with I 94s(If already in US)
. Copy of SSN Card (If U have)
. Your current address & Foreign Address (Permanent Address in
India )
. Copies of all Previous H1B/L1 approval notices(If any)
. Name of the nearest US consulate that you can obtain H1 visa
stamping
. Date of first arrival in to US on H1 status
. Prior Periods of stay on H1 classification (Give all the dates)
. List Education Qualification: Highest Degree
more...
waitingnwaiting
12-23 01:18 PM
Why so quiet today?
Where is the holiday spirit?
Not even any joke?
Where is the holiday spirit?
Not even any joke?
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googly2007
03-27 03:21 PM
Hi,
At present I am on H4 but my H4 expired in December2006. But I have I-94 valid till 2009. My husband also got extension till April2009. Now I want to apply for H1 in April2007. I want to know whether this will affect my H1 approval? Do I need to have stamped H4 which is valid till 2009 before filing fresh H1?
I need this as soon as possible.
Thank in advance.
At present I am on H4 but my H4 expired in December2006. But I have I-94 valid till 2009. My husband also got extension till April2009. Now I want to apply for H1 in April2007. I want to know whether this will affect my H1 approval? Do I need to have stamped H4 which is valid till 2009 before filing fresh H1?
I need this as soon as possible.
Thank in advance.
more...
Blog Feeds
05-21 11:00 PM
Acting Associate Director Donald Neufeld has issued revised guidance regarding the
I-90 Application to Replace Permanent Resident Card. The guidance is dated February 6, 2009.
Previously, if an I-90 applicant presented a national security concern or had a record of arrest or presented an �Egregious Public Safety� concern, then the USCIS adjudicator was instructed to immediately suspend adjudication of the 1-90 and refer the case to ICE.
The problem with that position, as pointed out in the Neufeld memo, is that an I-90 applicant who is a Lawful Permanent Resident LPR holds that status until he or she either abandons it themselves or has it revoked through rescission or removal proceedings. Therefore, until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status.
Now, the Neufeld memo provides that all 1-90 applications will be adjudicated when all of the basic filing requirements and conditions have been met:
1. The applicant has established his or her identity; and
2. It has been established that the applicant is a lawful permanent resident.
Once those conditions have been met, the I-90 should be approved regardless of whether derogatory information comes up during the fingerprint and IBIS checks. If that happens, the I-90 should still be approved first and the derogatory information issue addressed second, presumable with a referral to ICE.
In the past, some applicants have been served with Requests for Evidence (RFE) asking for arrest records or court dispositions. Now any RFE that is issued must be limited to requesting supporting documentation related to establishing identity or status.
.
More... (http://www.philadelphiaimmigrationlawyerblog.com/2009/05/i90_appliication_to_replace_gr.html)
I-90 Application to Replace Permanent Resident Card. The guidance is dated February 6, 2009.
Previously, if an I-90 applicant presented a national security concern or had a record of arrest or presented an �Egregious Public Safety� concern, then the USCIS adjudicator was instructed to immediately suspend adjudication of the 1-90 and refer the case to ICE.
The problem with that position, as pointed out in the Neufeld memo, is that an I-90 applicant who is a Lawful Permanent Resident LPR holds that status until he or she either abandons it themselves or has it revoked through rescission or removal proceedings. Therefore, until the LPR status is either abandoned or revoked, the applicant is entitled to evidence of his or her status.
Now, the Neufeld memo provides that all 1-90 applications will be adjudicated when all of the basic filing requirements and conditions have been met:
1. The applicant has established his or her identity; and
2. It has been established that the applicant is a lawful permanent resident.
Once those conditions have been met, the I-90 should be approved regardless of whether derogatory information comes up during the fingerprint and IBIS checks. If that happens, the I-90 should still be approved first and the derogatory information issue addressed second, presumable with a referral to ICE.
In the past, some applicants have been served with Requests for Evidence (RFE) asking for arrest records or court dispositions. Now any RFE that is issued must be limited to requesting supporting documentation related to establishing identity or status.
.
More... (http://www.philadelphiaimmigrationlawyerblog.com/2009/05/i90_appliication_to_replace_gr.html)
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snathan
07-19 06:31 PM
Hello,
My I-485 application was filed under EB3 category when I was working for my previous employer (PD - October 2006). I changed my job in August 2008, but never sent any documentation for AC21. I now have close to 8 years of experience and also a masters degree (MBA) from a reputed univeristy here in the US.
Now that EB2 dates are so close to October 2006, is there anyway I can port my application from EB3 to EB2? I can initiate this discussion with my current employer and may be able to convince them to help me. But I want to know exactly what needs to be done.
Thanks a lot in advance for your assistance in this matter!
- abhisam
Since you are using the AC21, your job must be in the same or similar category. It does not matter how much qualification/experience you have. The job requirement should need that. Since you are using AC21, there is no way you can port from EB3 to EB2 in the current job. If you want to go for EB2, you need to start from scratch and the job requirement really needs a masters.
My I-485 application was filed under EB3 category when I was working for my previous employer (PD - October 2006). I changed my job in August 2008, but never sent any documentation for AC21. I now have close to 8 years of experience and also a masters degree (MBA) from a reputed univeristy here in the US.
Now that EB2 dates are so close to October 2006, is there anyway I can port my application from EB3 to EB2? I can initiate this discussion with my current employer and may be able to convince them to help me. But I want to know exactly what needs to be done.
Thanks a lot in advance for your assistance in this matter!
- abhisam
Since you are using the AC21, your job must be in the same or similar category. It does not matter how much qualification/experience you have. The job requirement should need that. Since you are using AC21, there is no way you can port from EB3 to EB2 in the current job. If you want to go for EB2, you need to start from scratch and the job requirement really needs a masters.
more...
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pa_arora
06-25 01:45 PM
When we use the recent I94 (from the H1), do we need to say "were you inspected by an immigration officer?" as "yes"?
The start date for this should be the date of entry at the airport or the start date on the recent I94?
You were inspected by the immigration officer thats how you got the I94, there is no I-94 vending machines out there, atleast that I know of.
Your second question is not clear. Ur Date of Entry is ur start date of the I-94, so whats the question.
The start date for this should be the date of entry at the airport or the start date on the recent I94?
You were inspected by the immigration officer thats how you got the I94, there is no I-94 vending machines out there, atleast that I know of.
Your second question is not clear. Ur Date of Entry is ur start date of the I-94, so whats the question.
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TimeSaver
05-17 09:46 AM
Hi All,
I need some advice from gurus.
1. My company filed for my labor and then EB2-140 with March 2007 PD.
2. A labor became available with EB3 specs and September 2002 priority date.
3. I wanted to capture that but my company lawyer said no stick with EB2.
4. Just before July 07 fiasco, when labor-sub was getting eliminated, I asked and applied for labor-sub I140 with Eb3 and September 02 PD.
5. Filed I485 with EB3 140's copy and receipt number.
6. Just recently both of the 140s got approved.
7. Eb3 PD is not current but if I could use the EB3 pd to put into EB2, I could be current. Is there a way or am I day dreaming?
Thanks
I need some advice from gurus.
1. My company filed for my labor and then EB2-140 with March 2007 PD.
2. A labor became available with EB3 specs and September 2002 priority date.
3. I wanted to capture that but my company lawyer said no stick with EB2.
4. Just before July 07 fiasco, when labor-sub was getting eliminated, I asked and applied for labor-sub I140 with Eb3 and September 02 PD.
5. Filed I485 with EB3 140's copy and receipt number.
6. Just recently both of the 140s got approved.
7. Eb3 PD is not current but if I could use the EB3 pd to put into EB2, I could be current. Is there a way or am I day dreaming?
Thanks
more...
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visitor
12-21 12:39 PM
Sorry if I am posting this in the wrong place, wasn't exactly sure where to post.
I applied for my Certifcate of Citizenship through my US citizen father about 5 years ago, and due to that US citizen father being an ass I still don't have it.
I have decided to just go back to England. I am happy about going back now and this post isn't about finding other ways of getting my citizenship.
When I originally came to the US I intended just to visit so I came on the Visa Waiver Program, and then decided to stay and become a citizen
My query is: When I leave to go back home will I be able to leave the US with just my passport(recently renewed) and ticket? or will I have to contact the USCIS and get some kind of letter or the like?
Thank You
I applied for my Certifcate of Citizenship through my US citizen father about 5 years ago, and due to that US citizen father being an ass I still don't have it.
I have decided to just go back to England. I am happy about going back now and this post isn't about finding other ways of getting my citizenship.
When I originally came to the US I intended just to visit so I came on the Visa Waiver Program, and then decided to stay and become a citizen
My query is: When I leave to go back home will I be able to leave the US with just my passport(recently renewed) and ticket? or will I have to contact the USCIS and get some kind of letter or the like?
Thank You
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eb3retro
05-13 11:47 AM
hi,
My wife's priority date is current now (Marriage took place before the acceptance of my GC). We have to options - applying for FTJ or I-485 as my wife is in USA currently on a visit visa.
Any suggestions if we can apply for I-485 from here, as that is our preference.
Discussion...
sorry, this message is in the wrong forum, lot of people come here to find a solution for retrogression problem, if you have questions related to your personal cases, please post it in the right forum.
My wife's priority date is current now (Marriage took place before the acceptance of my GC). We have to options - applying for FTJ or I-485 as my wife is in USA currently on a visit visa.
Any suggestions if we can apply for I-485 from here, as that is our preference.
Discussion...
sorry, this message is in the wrong forum, lot of people come here to find a solution for retrogression problem, if you have questions related to your personal cases, please post it in the right forum.
more...
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sekharreddy
07-18 10:14 PM
Hi
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
And also Please suggest If there is any way to apply for 485 without cancelling her H1.
Thanks in advance
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Lisap
09-07 01:14 PM
Anyone????
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cilantro
11-28 09:21 AM
If she comes back on H4 she can not start working until another h4-h1 (cos) complete. It is really your personal choice and how confident you are about your wife's successful h1b stamping at home consulate.
Thank for your reply
As I interpret what you said If she comes back on H4 her H1 (i797) invalidates?
Thank for your reply
As I interpret what you said If she comes back on H4 her H1 (i797) invalidates?
N_She
05-23 08:25 PM
Hi All
I think it is for EB based green card, but not for family based.
I think it is for EB based green card, but not for family based.
jthomas
04-17 12:07 AM
Can't avoid anything that future hold for you.
1. It would be good if the employer does not let USCIS know about your layoff.
2. don't apply for unemployment benifits even if you are given one (at least for 180 days from I-140 approval).
3. Hoping your employer does not revoke your I-140
4. Take a 3 months unpaid vacation at the same job and/or offer help by working from home. Accept a lower salary for 180 days.
1. It would be good if the employer does not let USCIS know about your layoff.
2. don't apply for unemployment benifits even if you are given one (at least for 180 days from I-140 approval).
3. Hoping your employer does not revoke your I-140
4. Take a 3 months unpaid vacation at the same job and/or offer help by working from home. Accept a lower salary for 180 days.
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