InTheMoment
06-29 01:01 AM
Yabadaba,
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.
See
http://www.immigrationportal.com/showthread.php?t=158111
http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada
http://boards.immigration.com/showthread.php?t=165295
There is a mighty good probabilty that we will get an RFE to
establish proof of inspection of entry into the US
So...start getting together any proofs for that:D that said it is fairly easy to take care RFE
PART 3
Place of Last Entry Into the United States (City/State)
What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94
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gcformeornot
12-31 09:39 PM
it up....^^^^
JunRN
11-05 04:31 PM
Can we discuss something about "Follow-to-join" and what it is all about? That is one thing I don't understand.
Thanks!
Thanks!
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tonyHK12
01-21 10:08 AM
Is this predominantly affecting those on consulting jobs?
Yes, according to this report. They have a law office in India too and handle local cases on the ground.
According to the article this is a follow up of the 2010 employer-employee memo. Insome cases they are giving the 221g before even reviewing the docs. Strangest things is H4s now have to provide almost as much docs as a H1b - really tough for the married people among you.
Still reading the article in parts...
ok 221g is considered visa refusal and has to be notified. how does name check become a refusal.
Yes, according to this report. They have a law office in India too and handle local cases on the ground.
According to the article this is a follow up of the 2010 employer-employee memo. Insome cases they are giving the 221g before even reviewing the docs. Strangest things is H4s now have to provide almost as much docs as a H1b - really tough for the married people among you.
Still reading the article in parts...
ok 221g is considered visa refusal and has to be notified. how does name check become a refusal.
more...
raj2007
02-18 01:45 AM
All, Help me understand this.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)
The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)
The captured visa were available for all the categories regardless of country of birth. Therefore no country limit was there.
roseball
11-19 12:45 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....
more...
felix31
06-05 10:15 AM
My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
:eek: USCIS defies all logic. Good luck to you!!
We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).
H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:
The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.
And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.
I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
:eek: USCIS defies all logic. Good luck to you!!
We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).
H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:
The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.
And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.
I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..
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maresco10
04-17 12:06 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
more...
lghtslpr
02-13 04:40 PM
Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices
I've been told by senators' aids that letters, faxes and email all have an impact. Politicians do not read them all, of course, but their aids summarize volume and content for them. I was told specifically that written letters carry more weight than emails, because they represent greater effort by the sender.
-L.
I've been told by senators' aids that letters, faxes and email all have an impact. Politicians do not read them all, of course, but their aids summarize volume and content for them. I was told specifically that written letters carry more weight than emails, because they represent greater effort by the sender.
-L.
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ujjvalkoul
07-17 06:45 PM
contribute please.....
Those that are tearing up..u can call IV on the numbers mentioned..I just dd and congratulated the, on a job well done and pledged my contiuing support until all our oissues are resolved
Those that are tearing up..u can call IV on the numbers mentioned..I just dd and congratulated the, on a job well done and pledged my contiuing support until all our oissues are resolved
more...
drirshad
06-30 02:51 PM
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
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arnab221
11-02 12:42 PM
There we go again .. So much Hoopla.. and then we are back to square one .. Thats Normal these days .
more...
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Canadian_Dream
03-20 11:41 AM
Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
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indianindian2006
02-08 08:38 PM
what is OCI??
Overseas citizen of India
Overseas citizen of India
more...
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belmontboy
05-22 07:35 PM
I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .
Do i have to take transfer in order to apply for I 140 ?
Can two I 140 process parallel ?
Thanks for you all support..
Keep up the Good job
what is the rationale behind applying two I140's?
Do i have to take transfer in order to apply for I 140 ?
Can two I 140 process parallel ?
Thanks for you all support..
Keep up the Good job
what is the rationale behind applying two I140's?
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gc4me
12-04 12:04 PM
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.
more...
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ysiad
08-10 11:08 PM
Hi, my I-485 approval might be close according to current processing time. I have moved within the same city. I wonder whether change of address at this time will cause any delay:
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
1. how likely due to change of address, my I-485 processing will be affected and got delayed?
2. how likely I will get a REF due to change of address?
3. Is it better to make an effort to keep the old address?
Thanks.
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friend99
10-09 04:17 PM
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
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pitha
05-22 07:28 PM
I am not sure it says only people who applied for I140 after May 21 retain there priority date. Everybody retains there priority date no matter when they applied for I140.
Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.
Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.
katrina
01-04 02:52 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I-539 is the request to extend or change the immigrant status,
I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).
My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.
you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.
Good luck.
cjain
07-23 04:03 PM
^^^^
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