eb3_nepa
10-02 01:04 PM
But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.
In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).
In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.
In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).
In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.
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Aah_GC
07-21 11:16 AM
Hi there - thanks for posting this. Am in the same boat as you were. Do you by any chance have that fax number?
eb3retro
08-31 01:14 PM
Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.
try voting no, and it will increase by 500 votes.:D:D:D
try voting no, and it will increase by 500 votes.:D:D:D
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vb1589
05-04 09:13 AM
Good job cagedcactus.
As I said it was work of a fellow member. But I dont see why you cant use the same letter. If you think this is a good format, please go ahead and use it.
thanks.....
As I said it was work of a fellow member. But I dont see why you cant use the same letter. If you think this is a good format, please go ahead and use it.
thanks.....
more...
gcseeker28
07-27 02:21 PM
Hello Gurus,
I am a first timer posting in this fantastic forum.
I am in a very confusing situation wherein I need your help
EB2 priority date: April 2007
I 140 approved.
I 94 expired in August 2010
So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
I am presuming its related to the client's letter.
My lawyer said that we can open a MTR within 30 days.
What are the options and todo list I have?
1. I have a very good rapport with the client and I can get the client's letter.
If I get it, how long will it take to approve my case?
2. I am still working. Is it legal if I work as long as the appication is being processed.
3. Once I get my EAD, will it matter if H-1B gets rejected?
Please help me!
I am a first timer posting in this fantastic forum.
I am in a very confusing situation wherein I need your help
EB2 priority date: April 2007
I 140 approved.
I 94 expired in August 2010
So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
I am presuming its related to the client's letter.
My lawyer said that we can open a MTR within 30 days.
What are the options and todo list I have?
1. I have a very good rapport with the client and I can get the client's letter.
If I get it, how long will it take to approve my case?
2. I am still working. Is it legal if I work as long as the appication is being processed.
3. Once I get my EAD, will it matter if H-1B gets rejected?
Please help me!
patelkirti
04-17 08:55 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
more...
roseball
04-02 12:53 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
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champu
03-09 05:23 PM
Mr. MLK Jr,
You had a dream - at least you were sleeping. I wish I could sleep too:p
You had a dream - at least you were sleeping. I wish I could sleep too:p
more...
karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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dealsnet
03-28 08:10 AM
Be positive. Hope for the best.
more...
tnite
10-05 09:32 AM
My self and my wife both are on H1B. Both are working for different companies.
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
Check this thread http://immigrationvoice.org/forum/showthread.php?t=14138
The questions are the same.thats why someone asked whether you're related to eadguru
I filled I 485, EAD and AP through my company, for my self and my wife.
Questions:
1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?
2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.
Your help will be really appreciated. :)
Check this thread http://immigrationvoice.org/forum/showthread.php?t=14138
The questions are the same.thats why someone asked whether you're related to eadguru
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balan2008
07-08 01:19 PM
Thanks guys for your valuable support and advice.
balan.
balan.
more...
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laborfd
05-18 12:14 PM
Great work :)
Thanks for all the effort made by IV
Thanks for all the effort made by IV
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Eternal_Hope
06-15 04:44 PM
????
The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.
Hoepfully, others may have a better understanding on this than me.
The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.
Hoepfully, others may have a better understanding on this than me.
more...
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stemcell
02-11 11:55 AM
MOE
Please 'no more posts' and 'GOODBY' :D
Please 'no more posts' and 'GOODBY' :D
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nageshwarraoj
06-15 04:15 PM
I filed I-140 and I-485 before retrogression and
My I-140 is approved May 30th 2006
CATEGORY: EB2 (NIW)
FP1: 10/16/2005
FP2:05/24/2007
Medical: 07/02/2006
Can I expect my Green Cards in July, 2007 please anyone?
My I-140 is approved May 30th 2006
CATEGORY: EB2 (NIW)
FP1: 10/16/2005
FP2:05/24/2007
Medical: 07/02/2006
Can I expect my Green Cards in July, 2007 please anyone?
more...
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aachoo
05-02 06:11 PM
Doesnt matter if the I-94 is only till the visa expiry. There is another I-94 at the bottom of the approved I-797 that ends on the extended 797 date.
-a
-a
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rkat
12-13 03:46 PM
Swamy - (with due respect to IV who i totally support in every which way!) but what have u done other than joining a state chapter, contributing $$ to IV and holding signs at the DC rally.?? Is this what ur life has come to now..?? Only to motivate people to join IV..?? How long do u plan on conitnuing to do this.?? Wake up buddy..!! Yes we are stuck in this mess now having filed for AOS and the indefinite future wait for cases to be approved..!! There is no doubt about that.
But somebody like dyekek12 who seems to be new to the immigration world - whats the harm in sharing with him options that maybe more practical for him 3-5 years from now.! If somebody would have adviced me back in the hay days - i would have surely listened.! There are 3 SENIOR members who seem to agree to what i have said.! All of us cannot be socially challenged.! Sorry swamy - i disagree.! How would a college professor or a dept. head answer his Q....Myfriend - ..." there is the real world and then there is the immigration world........!!!! "
The immigration system here in the US is like fire - and if u try playing with fire there is no doubt in my mind that you will only get burnt.!! (again - i'm not a village bellie neither am i socially challeged - i am only being realistic.! thats all.! and i know it hurts!)
But somebody like dyekek12 who seems to be new to the immigration world - whats the harm in sharing with him options that maybe more practical for him 3-5 years from now.! If somebody would have adviced me back in the hay days - i would have surely listened.! There are 3 SENIOR members who seem to agree to what i have said.! All of us cannot be socially challenged.! Sorry swamy - i disagree.! How would a college professor or a dept. head answer his Q....Myfriend - ..." there is the real world and then there is the immigration world........!!!! "
The immigration system here in the US is like fire - and if u try playing with fire there is no doubt in my mind that you will only get burnt.!! (again - i'm not a village bellie neither am i socially challeged - i am only being realistic.! thats all.! and i know it hurts!)
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greenguru
03-31 03:00 PM
Thanks all for your help and great inputs. IV has helped me a lot.
I wish you all the best ...
TKs, GG
I wish you all the best ...
TKs, GG
Ann Ruben
06-22 12:10 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
Satya123
03-16 05:26 PM
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
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