indian111
06-02 05:04 PM
I went by my EAD expiration date and filed both EAD and AP renewals but only after filing , I saw my AP expiry date is mor ethan 120 days away .I am really worried abt this .I received my receipt notices but no birometrics yet.
Have anyone of you guys got other updates ?
Have anyone of you guys got other updates ?
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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 Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?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!
piyu7444
04-10 03:34 PM
The option you suggested is best I know but what if I can not do so. (Option of going to canada and then taking up new job on EAD)
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
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eb3_nepa
11-06 10:37 AM
I have approved i-140 and I have applied for 3 year extension for my H1-B (I am currently in the sixth year of H1-b). If I switch employers, would I get 3 years on my new H1-B or time left in the sixth year? I am willing to restart the green card process due to stalled immigration reform bill.
As long as:
1) You can provide your new firm a copy of your Approved I-140 and
2) Your first employer does not cancel the I-140
You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.
As long as:
1) You can provide your new firm a copy of your Approved I-140 and
2) Your first employer does not cancel the I-140
You will get a 3 year extension based on your approved I-140. I know this coz it has happened to me.
more...
chanduv23
01-09 05:20 PM
Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?
A quick trip to Canada can solve this problem?
This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.
A quick trip to Canada can solve this problem?
This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.
ashishgour
04-30 04:09 PM
Not yet..he has been questioned abt illegals..but is also talking about highly skilled immigrants...
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gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
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krishmunn
02-09 07:12 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
more...
Templarian
07-21 08:22 AM
^I know... but I was referring to its use in browsers. :)
When I said it just doesn't compare I meant even for the most basic things it sucks more cpu than even flash 8. I give it 3 more years and it will be MS's main form of media for all its partner sites.
Even your strong bias can admit its runs like a snail in the browser.
When I said it just doesn't compare I meant even for the most basic things it sucks more cpu than even flash 8. I give it 3 more years and it will be MS's main form of media for all its partner sites.
Even your strong bias can admit its runs like a snail in the browser.
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Joey Foley
November 21st, 2005, 10:48 AM
I know each one of these shots are really close to the came photo, but I'm Just Curious which one of these do you think is the best photo of the four in your Opinions? I have my pick but I want to see what you guys think.
http://www.musicandentertainment.org/Birdmen1.jpg
http://www.musicandentertainment.org/Birdmen2.jpg
http://www.musicandentertainment.org/Birdmen3.jpg
http://www.musicandentertainment.org/Birdmen4.jpg
http://www.musicandentertainment.org/Birdmen1.jpg
http://www.musicandentertainment.org/Birdmen2.jpg
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GreenMe
12-03 11:25 AM
Hello All,
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
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thomachan72
11-05 03:00 PM
Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
A debate on this is probably not warranted, as its subjective to every individual's situation.
And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.
This is an infant we are talking about (less than 2 years!).....:o:o:o
A debate on this is probably not warranted, as its subjective to every individual's situation.
And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.
This is an infant we are talking about (less than 2 years!).....:o:o:o
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guchi472000
03-24 09:44 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
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broadcaster
11-19 10:28 AM
Thanks for the information. On november 9, 2007, I called using other options and CSR level 2 took my data to begin a report. Today, I followed your instructions to check if there was a more effective way to obtain an aswer, but I am really dissapointed. CSR used my name to look in their system. The only thing that she could found was my H visa application. She never mentioned that there was an investigation due to my call of november 9. Finally she just asked me to wait 30 more days, and neven mention the option to place a report.
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imm_pro
01-20 02:35 PM
The new look is awsome.
We sure picked the best day to launch this change.
We sure picked the best day to launch this change.
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agiyer
02-06 05:31 PM
Hello,
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?
Thanks & Regards,
Anand
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?
Thanks & Regards,
Anand
more...
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aguy
01-05 10:52 AM
Can I use AVR even if I am on my 8th year of H1B (because of an approved I140, waiting for I485 to become current)?
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paddy.
02-04 05:38 PM
I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.
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sapota
10-26 05:05 PM
In part 4 where it asks info about proposed travel; my form had the following :
"Business travel as needed; personal travel - visit family and friends abroad."
So something generic like this should work as well.
"Business travel as needed; personal travel - visit family and friends abroad."
So something generic like this should work as well.
Ann Ruben
04-22 10:55 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
belmontboy
05-20 09:52 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
i think she fell asleep on keyboard, before she could finish the question :D
i think she fell asleep on keyboard, before she could finish the question :D