mr_aryan
10-19 01:42 PM
Anybody??:(
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sury
05-23 01:06 PM
I was little worried about filing AC21 when I am just 4 months away from GC. Filing AC21 with my current situation would not bother my GC then I am very much happy to switch over...Thanks everyone.
girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
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morchu
05-15 10:09 AM
You are not the primary, right? Your job has nothing to do with the GC case. So you can do whatever regarding your job.
whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
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sodh
07-27 06:58 PM
This is I am assuming you have given USCIS your NJ address, every Lawyer has to have License in the State he practices, if your CA Lawyer has a License to practice in NJ you can always call him to represent you. If this helps.
The work around would be hire a local Lawyer and let your CA lawyer brief your case to him I know it will be expensive, but it will help you in long run.
The work around would be hire a local Lawyer and let your CA lawyer brief your case to him I know it will be expensive, but it will help you in long run.
pappu
01-04 11:09 PM
article is here
http://www1.immigrationvoice.org/media/indiapost.pdf
http://www1.immigrationvoice.org/media/indiapost.pdf
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gc28262
10-07 01:19 PM
H-1B Certification (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
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imneedy
08-13 03:46 PM
You will get your I-20 stamped with the start date. Also there will be a approval date on your I-797, which would be when your status becomes effective.
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jijiewang
02-08 09:10 AM
Hi attorney,
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
I know the question sounds weird.
My husband applied EB2 in 2007. 140 approved and 485 pending. But then we came back to our home country because of layoff. We carried AP but now AP is expiring in 3 weeks. I know after AP goes expired, our 485 will be considered abandoned.
I heard that PD is still ours even in the case of abandonment of 485. So, I still hope that some day we can come back to US to re-do the green card application. My question is, once PD becomes current, how long will the window to submit 485 be open for us?
Thanks.
Jijie
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Nil
03-24 11:04 PM
'Saw Fareed Zakaria mention the topic in GPS on Sunday.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
more...
starscream
09-10 09:40 PM
Friends please see situation below:
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
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keaby
01-18 09:57 AM
I mailed my first EAD application in the last week of Dec/09.
Never thought it would take so long for receipting, and worried something wrong in my application..
Good to see others ...
Will wait further then..
Next time will go online..although it requires a trip to local office for biometrics
Never thought it would take so long for receipting, and worried something wrong in my application..
Good to see others ...
Will wait further then..
Next time will go online..although it requires a trip to local office for biometrics
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greenmonster
11-19 08:31 AM
Got my NC Driv License after 6 weeks. Issued based on EAD.
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ewapu
03-11 08:15 PM
hey i got 2nd one from the NSC. Is it happening with many people??
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
wat r the chances if handled carefully???
please share your advice nd experiences. thanks a lot
more...
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unknown123
10-28 09:51 PM
I agree with Mr. Bond
We need some basic administrative fixes and recapture of visas before we all burn out. I just hope whoever wins will give us some relief before any major over haul...
We need some basic administrative fixes and recapture of visas before we all burn out. I just hope whoever wins will give us some relief before any major over haul...
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rameshvaid
04-03 09:05 PM
I also mailed the letter but no response from anyone.
RV
RV
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gopi544
10-30 05:02 PM
i worked for 5 years (2005 till now), i will have 4 w2`s and they are asking for all w-2. i have all the w2`s expect for 2006 form previous company which i left in feb 2006.
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10-12 04:31 PM
~
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abrahamL
03-19 05:11 PM
Hi,
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
pibeeneri
12-20 05:44 PM
And yes I Have The Lin Number... The Officer Told Us By Phone...
krish2006
04-19 11:51 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
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