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kshitijnt
05-05 12:38 AM
This is regarding status, if GC or CITIZEN there should not be any problem. If its H1B visa, then it should have validity. Means H1B visa should not have expired. I heard this story from my brother in law and in fact travel agents know this and they themselves advice on this. Those with expired H1B visa cannot travel through EUROPE. So my brother in law went to India through middle east.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
CHECK OUT BASED ON YOUR STATUS.
Thanks
Rangan
This is not true. If you have AP, no problem. My wife was traveling in Dec-08 with no visa stamp in passport. No body checked for it, either in US or germany and no one asked for any transit visa or even AP.
wallpaper New York Skyline by Night New
statuslaw
01-31 01:28 PM
This is my first H1-b. My interview was on Jan. 4, 2008 in Toronto and got 221g for administrative review. I faxed my research description the VO requested to US consulate in Toronto on Jan. 7, 2008, got the check finished email today. I keep calling DOS for my status during the waiting time. It may work for my case. It is really a pain time. Good luck to you.
Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.
If you like you can send me a private message. Thank you very much in advance for your feedback.
Hi I am stuck in 221(g) since mid-November 2007..over 75 days..can you provide some details about your case?
Mine is H1B 3 extension for 7th year at Mumbai. I am not getting any help in this matter from the authorities that my lawyer has contacted...only the standard response that it they are awaiting a response.
If you like you can send me a private message. Thank you very much in advance for your feedback.
singhsa3
08-20 07:05 PM
Just curious any July 2nd filler , filled at NSC with an approved I-140 and have PD earlier than 1/1/06 still waiting?
2011 New York City Night by
sin94
06-04 02:04 PM
Isn't this disputable by the Lawyers?
I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.
Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.
disturbing trend if true.
I mean fine ask questions for the company who has filed for the Visa but now going to doubt if their clients are legit 2, much.
Following the link is even more disturbing about the guest comment preparing to answer the RFE where CIS is asking for floor plan OF THE CLIENT.
disturbing trend if true.
more...
file485
07-09 08:36 AM
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
This happened in early 2007.
______________________
Not a legal advice
could you be more specific..
If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?
cherish37
11-05 04:38 PM
Finally, case shows up this morning with notice date Oct 9th. However, physical notice was not received. Does anyone know how to request a copy of the receipt? Thanks.
more...
dixie
10-02 02:46 PM
If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.
Hi All
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
Hi All
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
2010 New York at Night
misha
01-31 02:44 PM
While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
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!
hair New york city in the night
Jaime
09-11 04:03 PM
By coming to DC!!!!
more...
rahul2699
05-19 08:31 AM
Please check the thread http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/184288-from-iv-access-to-donor-forum-issues.html
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Pappu -- Is there anything i need to do besides sending the e-mail. I've sent the e-mail twice and its been a week since the contribution has made. I am by no means waiting desperately waiting to get access to donor forums but i am curious. Please let me know what i am missing. If the team is busy, may be IV should think about looking for more volunteers.
You would need to provide your information as directed by Starsun in the first post. Starsun has been keeping unwell these days and verifying information periodically. However within a few days, you would be added to the donor forum upon verification.
In the meantime, please join your state chapters and get active. ImmigrationVoice.org - Immigration Voice State Chapters (http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52)
Pappu -- Is there anything i need to do besides sending the e-mail. I've sent the e-mail twice and its been a week since the contribution has made. I am by no means waiting desperately waiting to get access to donor forums but i am curious. Please let me know what i am missing. If the team is busy, may be IV should think about looking for more volunteers.
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aroranuj
08-20 11:57 PM
I would appreciate it if someone can give me some advise...I need to file my EAD renewal & refuse to pay insane amounts of money to my attorney...
Thanks!!!!
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
Thanks!!!!
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
more...
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viva
11-02 08:22 PM
Yes, Arjun is now chargin $75 an hour as he is moved into a bigger office. I have used him too. Did not actually retain him, but he offers clear and concise advice without trying to paint a rosy picture of the situation and trying to set you up for more consultation services.
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ajaykk
07-27 03:30 PM
From the below FAQ2 just release by USCIS
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
more...
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psk79
05-28 12:29 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
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StarSun
01-31 11:48 AM
IV Members,
Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.
Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq
Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"
Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)
Immigration Voice conducts a one hour free conference calls with attorneys for the benefit of IV members only. This opportunity is provided on the first 3 Thursdays of each month.
Ist Thursday of the month - 7 pm est with Raj Iyer from Carl Shusterman Law office
2nd Thursday of the month - 7 pm est with Ari Sauer and Greg Siskind from Visalaw
3rd Thursday of the month - 9 pm est with Prashanthi Reddy from Reddyesq
Members can send their questions to ivcoordinator@gmail.com. Members need to be present in the call for the question to be asked and answered. For call information, please visit the Members Forum (http://immigrationvoice.org/forum/forum14-members-forum/) or refer to the red colored thread titled "Free Attorney Call: Date and Lawyer Name" running on the home page under "Recent Forum Posts"
Previously recorded conference calls can be found here - IV WIki: Free Attorney Conference Calls - Recorded (http://immigrationvoice.org/wiki/index.php/Lawyer_Conference_calls)
more...
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SREE_485
08-13 04:31 PM
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
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palemguy
11-05 06:11 PM
Mine is July 3 rd recieved date from NSC. My AP was approved on October 8, 2007. I got it my mail on Nov 2, 2007. I haven't get my EAD yet.
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coolpal
02-06 10:20 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
brij523
11-12 04:02 PM
for the member who helps us complete our first century..
I change my membership from GA to TX. Where is my T-shirt?
I change my membership from GA to TX. Where is my T-shirt?
needhelpASAP
04-27 04:02 PM
Thanks so much for all your advice! I feel a little better now.
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