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07-15 03:01 PM
Foreign nationals who enter the United States with a non-immigrant visa are issued Form I-94 card at the port of entry. Form I-94 is a white piece of paper issued by the Customs and Border Protection (CBP) which shows the Department of Homeland Security (DHS)/CBP a record of your arrival and departure date from the United States. If you returned to your home country with Form I-94 in your passport, then your departure from the United States was not properly recorded. It is vital that you close out your earlier record of arrival to the U.S. Otherwise DHS will have in their records that you remained in the U.S. beyond the time you were authorized to stay.
If you are now in your home country with Form I-94 (or if you lost Form I-94), then you must validate your departure from the United States with DHS/CBP. The following are ways to validate departure with DHS/CBP:
· original boarding passes used to depart the United States;
· departure stamps in your passport indicating entry and exist from the United States;
· pay check stubs or letter from employer indicating that you worked in another country after you departed the United States;
· bank records illustrating transactions made showing you were in another country after you left the United States;
· school records showing attendance at a school outside the U.S. indicating you were in another country after you left the United States;
· Receipts showing your name and date illustrating you made purchases outside the U.S., after leaving the United States.
Send the appropriate documentation to the following address ONLY:
DHS-CBP ACS Inc.
1084 South Laurel Road
London, KY 40744 USA
This is the only location where they will make the necessary changes to the DHS/CBP record. Do not forget to make copies of the materials you mail to DHS!
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Twrhc4dzyZ4/)
If you are now in your home country with Form I-94 (or if you lost Form I-94), then you must validate your departure from the United States with DHS/CBP. The following are ways to validate departure with DHS/CBP:
· original boarding passes used to depart the United States;
· departure stamps in your passport indicating entry and exist from the United States;
· pay check stubs or letter from employer indicating that you worked in another country after you departed the United States;
· bank records illustrating transactions made showing you were in another country after you left the United States;
· school records showing attendance at a school outside the U.S. indicating you were in another country after you left the United States;
· Receipts showing your name and date illustrating you made purchases outside the U.S., after leaving the United States.
Send the appropriate documentation to the following address ONLY:
DHS-CBP ACS Inc.
1084 South Laurel Road
London, KY 40744 USA
This is the only location where they will make the necessary changes to the DHS/CBP record. Do not forget to make copies of the materials you mail to DHS!
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/Twrhc4dzyZ4/)
lacrossegc
07-30 03:33 PM
When do you get FP notices?
arpu31
11-17 12:59 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
kurtz_wolfgang
08-15 04:23 PM
First of all Thanks to GCGreen and WantGC. I really am grateful to both of you. Without any know-how I had to bite dust from others.
I have the copy of my labor and 140. So I am looking for a job that is similar to those responsibilities and have the same SOC code. Just that the tools would differ. But what I understood is that if the tools change it doesn't create any problem. I just need to take care of the SOC code and responsibilities.
Of course I will take help from a lawyer, but I just wanted that initial boost to start looking.
I have the copy of my labor and 140. So I am looking for a job that is similar to those responsibilities and have the same SOC code. Just that the tools would differ. But what I understood is that if the tools change it doesn't create any problem. I just need to take care of the SOC code and responsibilities.
Of course I will take help from a lawyer, but I just wanted that initial boost to start looking.
more...
morchu
06-26 12:19 PM
Another option is to negotiate a deal with the new (prospective) employer, to pay those fees to the recruiter/old employer.
For example if an employer payed for your air-ticket/relocation, expecting that you will stay, and if you leave the employer the very first week, I believe it is very reasonable from your side, to refund the employer his expense (whatever the law is). And since you may not want to loose money from your pocket, ask the next employer (who is really going to benefit by your arrival) to carry that expense.
The laws are sometimes more strict towards the employer. It is kept purposely like that to avoid employers taking advantage of employees (employer being the stronger side). But we should try NOT to not mis-use this advantage , towards reasonable employers.
For example if an employer payed for your air-ticket/relocation, expecting that you will stay, and if you leave the employer the very first week, I believe it is very reasonable from your side, to refund the employer his expense (whatever the law is). And since you may not want to loose money from your pocket, ask the next employer (who is really going to benefit by your arrival) to carry that expense.
The laws are sometimes more strict towards the employer. It is kept purposely like that to avoid employers taking advantage of employees (employer being the stronger side). But we should try NOT to not mis-use this advantage , towards reasonable employers.
smidreb
08-04 01:10 PM
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
more...
bbenhill
11-16 12:52 PM
I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.
Thx
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thx
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
h1gc
09-25 02:58 PM
Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..
HTH,
If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.
HTH,
If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.
more...
Prashanthi
06-26 01:57 PM
the above scenario applies only if their is a signed contract between him and the employer, does not apply to an agreement that was made between the recruiter and his employer as he is not a party to the contract.
immigrationvoice1
12-18 08:10 PM
Gurus,
Which is more reliable / popular, scottrade.com OR scottradeR.com ?
Which is more reliable / popular, scottrade.com OR scottradeR.com ?
more...
Lasantha
02-18 03:35 PM
Last Updated Date
I am fairly new to this community and not familiar with acronyms.
Can someone kindly explain what LUD is ?
My PD is now current as well and want to find out how to track my case.
Thanks for everyone's collective support. :D
I am fairly new to this community and not familiar with acronyms.
Can someone kindly explain what LUD is ?
My PD is now current as well and want to find out how to track my case.
Thanks for everyone's collective support. :D
waitforgc1
05-07 03:34 PM
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD
Thanks
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
THanks for the information. Now its little encouraging. could you clear one of my other questions.. whats the difference between LUD and soft LUD. I logged in the USCIS website
and i see the date changed at the LUD to 04/28/2009. What is that is that a soft lud or LUD
Thanks
more...
svr_76
06-16 03:22 PM
hi,
I am going for an InfoPass appointment tomorrow and thought of asking the members is the following questions seem appropriate. I dont expect the officer to answer all/any of them..but just thought of listing them..incase I get lucky and get a helpful officer.
- Is my case with an IO desk?
- Since when is it with an IO desk?
- if and when my background check updated?
- is background check same as IBIS check? If not then is IBIS check complete?
- if and when my FBI name check completed?
- is review awaiting some response from external agency
(Consulate post/FBI/BCP)?
- If under "additional review" What kind of "additional review" is it under?
- Expected time-frame for the additional review to be complete?
- Is it being actively worked on or just assigned to an officer and not updates?
- Is it being transferred to other/local office? Is any interview being planned?
I am going for an InfoPass appointment tomorrow and thought of asking the members is the following questions seem appropriate. I dont expect the officer to answer all/any of them..but just thought of listing them..incase I get lucky and get a helpful officer.
- Is my case with an IO desk?
- Since when is it with an IO desk?
- if and when my background check updated?
- is background check same as IBIS check? If not then is IBIS check complete?
- if and when my FBI name check completed?
- is review awaiting some response from external agency
(Consulate post/FBI/BCP)?
- If under "additional review" What kind of "additional review" is it under?
- Expected time-frame for the additional review to be complete?
- Is it being actively worked on or just assigned to an officer and not updates?
- Is it being transferred to other/local office? Is any interview being planned?
amitjoey
07-05 12:54 PM
Fellow IV fighters, members. I know, it seems like there is always a target for funds and we dont achieve it. Well! that is not true, we set a new target when the first one is achieved.
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.
more...
ArkBird
11-27 12:39 PM
I think labor substitution is no longer allowed.
sukhwinderd
03-07 09:57 AM
out of the country indefinitely and then come back lets say after 10 yrs?
more...
s416504
10-11 03:47 PM
I recently filed 3 year H1B extention and My lawyer asked me following list of things ...
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
billu
08-20 02:10 PM
4. An apology from USCIS for the delay!!
i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
Karthikthiru
08-26 12:36 PM
Congrats. Did you change from AOS to CP? or You choose CP when you applied for I-140
sam_hoosier
01-07 11:24 AM
can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.
Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.
thanks for your replies.
Yes, employer can withdraw I-140 anytime but after 180 days of I-485 receipt date it will not affect AC21. It is always safer to notify USCIS if you are changing jobs on AC21 to minimize chances of future RFEs.
Dipika
11-25 02:05 PM
Thanks for correcting me. i am sorry for wrong info. i'm not able to open all links in office, as firewall block forum links, so missed to read the rule.
Here is the OFFICIAL link from US Consulate at Tijuana
Visa Services (http://tijuana.usconsulate.gov/niv.html)
Who Can Apply in Mexico
TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.
Here is the OFFICIAL link from US Consulate at Tijuana
Visa Services (http://tijuana.usconsulate.gov/niv.html)
Who Can Apply in Mexico
TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.