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12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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thankgod
05-13 09:40 AM
I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
You can continue your work with Employer A. Just ignore about B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
You can continue your work with Employer A. Just ignore about B.
NolaIndian32
02-15 07:21 PM
If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).
You should contact your immigration attorney right away.
You should contact your immigration attorney right away.
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Lukus
04-08 05:22 PM
dont forget Heavenly Ectheo ;)
and Kirupa, we're not using the stamps for anything profitable, I can't see how the bands would be offended at all :) No different to making my Avatar a Tool logo :)
And, shouldn't that apply to the Apple stamps too? :)
and Kirupa, we're not using the stamps for anything profitable, I can't see how the bands would be offended at all :) No different to making my Avatar a Tool logo :)
And, shouldn't that apply to the Apple stamps too? :)
more...
somegchuh
07-11 06:09 PM
Hi Bose,
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
so it took you almost 9 months and you still don't have the H1 renewal? wow... that's unbelievable. I just received an email from my lawyer's legal assistant and they have received the H1 approval notice. So I have no idea what the hell is going on!
Ah the wonders of govt work...
MerciesOfInjustices
02-26 07:56 PM
No, Thank You!
Yes, I think that all of us will be better prepared in muting and un-muting our phones!
Membership - great suggestion - try to actually get retrogressed indivduals talk themselves about how it affects them, and then they make the case for joining IV!
Meet Lawmakers - great point to establish relationships with lawmakers / their staff
Publicity - will wait as things unfold
Liaison -great work in establishing contact with USINPAC & AAPI
Great beginnings!
I cannot believe all the effort that you guys are putting in! But, we will put in our bit as things move!
The absolute take home message - LOBBYING IS TOP-DOWN APPROACH, WHILE IV MEMBERS REACHING LAWMAKERS & OTHER GRASSROOTS EFFORTS ARE BOTTOM-UP APPROACH; THEY ARE COMPLIMENTARY, NOT MUTUALLY EXCLUSIVE!
Yes, I think that all of us will be better prepared in muting and un-muting our phones!
Membership - great suggestion - try to actually get retrogressed indivduals talk themselves about how it affects them, and then they make the case for joining IV!
Meet Lawmakers - great point to establish relationships with lawmakers / their staff
Publicity - will wait as things unfold
Liaison -great work in establishing contact with USINPAC & AAPI
Great beginnings!
I cannot believe all the effort that you guys are putting in! But, we will put in our bit as things move!
The absolute take home message - LOBBYING IS TOP-DOWN APPROACH, WHILE IV MEMBERS REACHING LAWMAKERS & OTHER GRASSROOTS EFFORTS ARE BOTTOM-UP APPROACH; THEY ARE COMPLIMENTARY, NOT MUTUALLY EXCLUSIVE!
more...
ho_gaya_kaya_?
11-27 10:08 PM
I hope you have good lawyer on your case
We had a similar situation
My wifes app got separated from mine
since we had used a single check- my app was returned (the fees was double the amount!!!)
After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.
But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
and he used to exchange emails with the supervisor's office on this
Is his PD current ?
If yes- then you should be fine.
If not- then it gets kinda tricky- though not too much
You have to prove that your app was lost and you are reconstructing the case
Keep in mind that that you will probably have to withdraw your app and refile with him
And that sooner or later- your husband's original app is going to show up
And at that time - you will have two active apps- but nothing that cant be sorted out...
We had a similar situation
My wifes app got separated from mine
since we had used a single check- my app was returned (the fees was double the amount!!!)
After a painful one and a half month my wifes application finally showed up- and got rejected (no fees) and we then refiled.
But the interesting thing was that during this 90 days period- my lawyer had someone at USCIS try to trace the missing application.
and he used to exchange emails with the supervisor's office on this
Is his PD current ?
If yes- then you should be fine.
If not- then it gets kinda tricky- though not too much
You have to prove that your app was lost and you are reconstructing the case
Keep in mind that that you will probably have to withdraw your app and refile with him
And that sooner or later- your husband's original app is going to show up
And at that time - you will have two active apps- but nothing that cant be sorted out...
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HV000
02-22 10:22 PM
I just watched it and its about the citizenship wait!! They talked 500,000 legal latinos not able to vote during this election.
more...
a_yaja
11-21 02:10 PM
Hello, I have a question I hope someone is able to answer :)
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
If you do not file for EAD along with the I-485 application, you can apply for EAD at any time after filing the I-485. I filed my I-485 during the July 2007 rush but did not file for EAD at that time as my H1 was valid till June 2008. I applied for my EAD only in March 2008 - when my dates were not current - and I got my EAD after 50 days.
Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?
Thanks.
If you do not file for EAD along with the I-485 application, you can apply for EAD at any time after filing the I-485. I filed my I-485 during the July 2007 rush but did not file for EAD at that time as my H1 was valid till June 2008. I applied for my EAD only in March 2008 - when my dates were not current - and I got my EAD after 50 days.
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lost
05-03 01:22 PM
Going after employers to tackle the undocumented employees seems a better way of dealing with this issue of immigration than going after illegal immigrants. They are coming here only because they can find jobs.........and some of the employers exploit them too.
more...
goldkey266
03-28 09:49 PM
Friends,
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
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greencard_fever
03-27 05:18 PM
I am on H4 visa and my husband is on H1 visa. My husband is working in N.Y. city as a programmer analyst.
I am pregnant by 5 months. I have following questions :-
- Can I apply for Medicare benefits. By applying Medicare benefits I will get free milk,baby food and medical treatments.
- By applying Medicare does it affects my husband green card process or in future citizenship.
Thanks for your time and efforts to answer my questions.
I am not sure about the Green Card and Citizenship is required... but to get the Medicare Benifits your Anual income should not exceed by certain amount which is set by State Department...check that.
I am pregnant by 5 months. I have following questions :-
- Can I apply for Medicare benefits. By applying Medicare benefits I will get free milk,baby food and medical treatments.
- By applying Medicare does it affects my husband green card process or in future citizenship.
Thanks for your time and efforts to answer my questions.
I am not sure about the Green Card and Citizenship is required... but to get the Medicare Benifits your Anual income should not exceed by certain amount which is set by State Department...check that.
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gc_rip
10-12 02:41 PM
Is this movement have any relation to prove or disprove that the FOIA data is correct?
Any analysis on it.
Thanks!
Any analysis on it.
Thanks!
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jonty_11
06-25 05:35 PM
Didnt they just abolish labor substitution?????
more...
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shana04
02-23 04:23 PM
I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
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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.
more...
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unbreakable
06-03 12:18 AM
I got the following email from my friend. Thought I would share it here.
Folks,
As most of you might know, there are a number of Immigration reform bills that are in various stages of their life in the US Congress. There is this 1 particular bill which is really important to people like us - Employment based legal immigrants from India & China: Bill 5882.
Highlights of the bill that are of use to EB applicants:
1) Would recapture unused Visas from past years and roll them over from one fiscal year to another.
2) EB 1, 2, 3 would become current and would remain current for quite a few years
I know some of you might have already got your greencard. But I am sure you know a number of others, many of them your close relatives and friends, who are stuck in this queue for a long time. If not for yourself, please take action for them.
Action needed:
1) Please go to http://www.opencongress.org/bill/110-h5882/show
Register your email address and vote YES for the bill.
How this helps: Online polling is an easy way for senators to gauge the popularity of a bill. If all the EB applicants were to VOTE yes, it
would take the number over 200,000 easily. The most popular bill has around 7000 votes. A bill on opencongress.com having 50,000 votes
is sure to garner a lot of attention.
2) Forward this email to all your friends and relatives who will benefit from this bill.
Only a systematic, organized online campaign would only us all to get LEGAL PERMANENT RESIDENT STATUS in the USA.
Thanks for your time!
Folks,
As most of you might know, there are a number of Immigration reform bills that are in various stages of their life in the US Congress. There is this 1 particular bill which is really important to people like us - Employment based legal immigrants from India & China: Bill 5882.
Highlights of the bill that are of use to EB applicants:
1) Would recapture unused Visas from past years and roll them over from one fiscal year to another.
2) EB 1, 2, 3 would become current and would remain current for quite a few years
I know some of you might have already got your greencard. But I am sure you know a number of others, many of them your close relatives and friends, who are stuck in this queue for a long time. If not for yourself, please take action for them.
Action needed:
1) Please go to http://www.opencongress.org/bill/110-h5882/show
Register your email address and vote YES for the bill.
How this helps: Online polling is an easy way for senators to gauge the popularity of a bill. If all the EB applicants were to VOTE yes, it
would take the number over 200,000 easily. The most popular bill has around 7000 votes. A bill on opencongress.com having 50,000 votes
is sure to garner a lot of attention.
2) Forward this email to all your friends and relatives who will benefit from this bill.
Only a systematic, organized online campaign would only us all to get LEGAL PERMANENT RESIDENT STATUS in the USA.
Thanks for your time!
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maddipati1
01-08 09:08 PM
i was trying to take an InfoPass appointment for AP Expedite Proc.
it doesn't give an option for this. anyone did this already? what option did you select?
appreciate your help.
the only options given are below.
Services on a case that has already been filed
--------------------------------------------
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
1. Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
2. Case Processing Appointment - If you received a notice to go to your local office for further case processing.
3. EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
4. Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
it doesn't give an option for this. anyone did this already? what option did you select?
appreciate your help.
the only options given are below.
Services on a case that has already been filed
--------------------------------------------
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
1. Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
2. Case Processing Appointment - If you received a notice to go to your local office for further case processing.
3. EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
4. Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
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muralip
09-11 07:51 PM
my visit to india will have any impact on my I-485/EAD processing..?
needgreen
09-05 10:21 PM
Hello Madam/Sir,
I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.
Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.
We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.
Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?
Your answers/views will be highly helpful for us. Please reply.
Thank you so much, in advance.
I have applied in EB2-NIW category and filed I485 concurrently during July-August 2007 season. My wife also did the same to maximize the chance. Both of our I140 were approved recently.
Now, we have two sets of I485 pending (in one, I am the primary applicant, my wife is the dependent and in other, she is the primary applicant and I am the dependent). We both are doing job in the same company in the same position. Since we are from India, it will take probably a long time before our I485s get approved. Since the economical sitatution is not well in recent time, we planned to keep both I485 active in case something unforeseen happen to one of us; so that the other set of application will still be active.
We recently got a RFE for our birth certificate/parentage information. We have got birth certifactes from Indian Consulate, affidavifits from our mothers (since mothers name was not included in original birth certificate) and letters from our schools.
Since we were not sure whose EB2-NIW application would be approved, we kept both sets of I485 application active. Now, we were wondering if there is a problem in having multiple I485 pending at USCIS (of course they are related to differenet I-140). We would like to know if it is better to withdraw one set of application at this point. Is there any risk of cancellation of both I485 due to multiple submission?
Your answers/views will be highly helpful for us. Please reply.
Thank you so much, in advance.
gxr
10-10 10:26 AM
Hello all,
1. Is it Ok to go a few days early to Dallas ASC for finger printing ? I won't be in town on the scheduled FP date and I am reluctant to reschedule.
2. Is there a time of day at Dallas ASC that is not so crowded, so that the ASC may not mind Walk ins ?
gxr
1. Is it Ok to go a few days early to Dallas ASC for finger printing ? I won't be in town on the scheduled FP date and I am reluctant to reschedule.
2. Is there a time of day at Dallas ASC that is not so crowded, so that the ASC may not mind Walk ins ?
gxr
