TeddyKoochu
12-28 12:21 PM
Does the I-9 need to be refreshed each year?
I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).
Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.
I don't know how often the I9 has to be refreshed but it maybe 6 months to a year when I came back last time my employer asked for the I94 for I9 filing so they may most likely have your I94#. The I94 is the one that determines our legal status. The I102 process is long and not worth it, try talking to the local customs and immigration folks I know it may sound scary but most likely if they cannot issue you a replacement one they won't prevent you from travelling. As long as they are able to create a departure record for you for the 29th that should be ok, normally that is what happens with the I94, the airline staff submits it to these folks who would scan and enter in the system. To make things easy the best way is if you can get the I94# in anyway or you can just choose to travel nothing should stop you, but its always good to be honest and report things to the concerned agencies. All the best and good luck.
I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).
Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.
I don't know how often the I9 has to be refreshed but it maybe 6 months to a year when I came back last time my employer asked for the I94 for I9 filing so they may most likely have your I94#. The I94 is the one that determines our legal status. The I102 process is long and not worth it, try talking to the local customs and immigration folks I know it may sound scary but most likely if they cannot issue you a replacement one they won't prevent you from travelling. As long as they are able to create a departure record for you for the 29th that should be ok, normally that is what happens with the I94, the airline staff submits it to these folks who would scan and enter in the system. To make things easy the best way is if you can get the I94# in anyway or you can just choose to travel nothing should stop you, but its always good to be honest and report things to the concerned agencies. All the best and good luck.
wallpaper -wallpaper-1680x1050-0528.
gdilla
02-28 12:14 PM
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
But does it have to be strictly in the same category, namely some kind of electrical engineer?
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
But does it have to be strictly in the same category, namely some kind of electrical engineer?
cygent
11-04 08:19 PM
How to change the title?
click Edit - then "Go Advanced" button to change the Title. Save.
click Edit - then "Go Advanced" button to change the Title. Save.
2011 1920x1200, 1680x1050
ngopikrishnan
04-06 08:09 AM
sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.
Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.
3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.
Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–
1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:
The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.
Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.
1. Procedure for processing “one-time protection” benefits
In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.
Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.
P.S.
1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf
2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Please take the above info with a grain of salt and consult your lawyer!!!
Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.
3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.
Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–
1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and
2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.
USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:
The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:
(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.
Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.
1. Procedure for processing “one-time protection” benefits
In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.
The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.
Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.
III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT
Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).
Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).
Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.
P.S.
1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf
2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Please take the above info with a grain of salt and consult your lawyer!!!
more...
485Question
10-11 01:08 PM
Just try if you can get any letter of explanation from the university, and prove on your job (experience) from 2003.
Hope this helps.
Thanks
Hope this helps.
Thanks
hinvin66
08-06 06:46 PM
Dhundhun
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
I've seen your posts since long and just noticed that we have the same RD/ND @ NSC.
RD: 08/02/2007, ND: 09/17/2007 @NSC
Have you seen any LUD's recently?
more...
gc_check
11-05 02:45 PM
Just try to be optimistic and move on. Something is better then nothing. Atleast now you know, you are good after 180 days, if you are not that happy with your current job. But untill then take is easy and keep going with your day to day works. Most folks are much better than they were prior to July. Anyway, the last quarter is typically slow when it comes to job market and use this time to refresh your skills and wait for the right time to make the right move.
Also having EAD/AP etc.. is better compared to being on H1/L1, but remember it is not as good as having GC. Atlest untill you get you GC, you have to be very careful. Also AC21, make sure you know the rule and take the right steps when invoking AC21.
Also having EAD/AP etc.. is better compared to being on H1/L1, but remember it is not as good as having GC. Atlest untill you get you GC, you have to be very careful. Also AC21, make sure you know the rule and take the right steps when invoking AC21.
2010 boy wallpaper. 1680x1050
yogeshmanohar
07-19 10:55 AM
We are travelling next month from SFO on advance parole and expired I 94 and expired visa stamp in passport (but valid I 797) . I 140 is approved and we have EAD.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
I was little worried about PoE scrutiny.. Above posts have made me little more comfortable about the travel.
Thanks guys.
more...
indianindian2006
08-28 02:10 PM
For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..
You are right I remember that he posted that he got his GC recently.
You are right I remember that he posted that he got his GC recently.
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Aah_GC
07-30 10:15 AM
Search has a common syntax across the web, not just for Google. Perhaps you were sounding synonomous with Google.
For those of you who haven't tried yet, try out Bing - its an awesome Search tool. With Yahoo merging it's Search properties with Bing - it is bound to gain more marketshare.
For those of you who haven't tried yet, try out Bing - its an awesome Search tool. With Yahoo merging it's Search properties with Bing - it is bound to gain more marketshare.
more...
andy garcia
09-17 12:49 PM
Come on Andy - I am looking forward to see you in DC
I saw those guys in the situation room. I will look like their grandfather.:mad:
I saw those guys in the situation room. I will look like their grandfather.:mad:
hot Fantasy 1680x1050 - 1283
kvrr
06-26 04:24 PM
I pay all costs for anything related to GC. One new fees is my lawyer/company are charging $1000 for preparation of application for adjustment of status on expedited basis during July 2007. This is in addition to the legal fees $1500 for 485, $500 for EAD and $ 400 for Advance parole. I am paying around $8000 for me and 2 dependents for 485/EAD/AP.
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house wallpapers? 1680x1050
delax
08-23 10:38 AM
Here's a killer.
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
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reddog
04-29 10:20 AM
AAAaaaaaaaaaCHhoooooooooooo!!!!!!!!!!
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DallasBlue
06-23 11:44 PM
even if in july bulletin the dates move back, think anyone can file till jul31st.
The applications will be valid as long as it is post marked before 31st july.
--disclaimer: not a lawyer
The applications will be valid as long as it is post marked before 31st july.
--disclaimer: not a lawyer
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AmericanAccent
09-06 10:29 PM
I am not sure how your T and R is ,American Accent has T/R in unique way
American accent uses toungue movements in a specific way (just like any languague has its own movements)
It depends from person to person ,and the teacher helped me personally as per my need
And yes Im still practising my Exercises
IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.
On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.
Am I feeding a troll? I guess..
American accent uses toungue movements in a specific way (just like any languague has its own movements)
It depends from person to person ,and the teacher helped me personally as per my need
And yes Im still practising my Exercises
IMHO, Any one will not get the accent because of training. One will come closer to the accent only over time. How ever, it will never be perfect.
On the flip side, why would any Highly Skilled Immigrant working in American companies want to learn "accent" off of work. Their work place offers a lot than the website suggested.
Am I feeding a troll? I guess..
more...
makeup Sanctum Wallpaper (1680x1050)
nogc_noproblem
02-14 02:58 PM
Thanks Lazycis.
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
girlfriend wallpaper 1680x1050.
levelup3
12-19 10:24 AM
Thanks for all your post
hairstyles 1680x1050 wallpaper.
rheoretro
09-13 03:40 PM
Please stop complaining, multiple posting of same greivance and try to do something constructive - I have been waiting for more than 5 years now too, and as frustrated as I am, I do not feel complaining will get me anywhere.
Folks, I agree that while complaining and venting are therapeutic, they are only good up to a certain point. Don't just vent on these forums. Vent, but also try and do something constructive - help recruit new members, help raise funds for UIV, talk to your bosses at work and friends who are US citizens, and make them aware of what LEGAL immigrants who are stuck in backlogs and limboland are going through. Have them write their congressmen and senators and tell them to do something about this situation.
Venting is a good first step, but we'll all need to be more constructive than this.
Folks, I agree that while complaining and venting are therapeutic, they are only good up to a certain point. Don't just vent on these forums. Vent, but also try and do something constructive - help recruit new members, help raise funds for UIV, talk to your bosses at work and friends who are US citizens, and make them aware of what LEGAL immigrants who are stuck in backlogs and limboland are going through. Have them write their congressmen and senators and tell them to do something about this situation.
Venting is a good first step, but we'll all need to be more constructive than this.
sweet_jungle
08-08 06:49 PM
In the same boat...
--
PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007
I think this is a hug issue that needs to be taken up with Ombudsman.
I am PD, Dec, 2004 and July 2 filer.
Mine is also NSC_CSC_NSC route.
Today, first level was unable to fileSR.
Second level said you are 400 days within processing time. Obviously, they are using 2006 date of CSC.
--
PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007
I think this is a hug issue that needs to be taken up with Ombudsman.
I am PD, Dec, 2004 and July 2 filer.
Mine is also NSC_CSC_NSC route.
Today, first level was unable to fileSR.
Second level said you are 400 days within processing time. Obviously, they are using 2006 date of CSC.
mdforgc
04-19 08:03 PM
Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.
I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).
This is the response to a MAIL that I had sent to the MUMBAI consulate!!
************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)
"Returning workers can apply in any of the four U.S. consulates in India."
It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.
Application fees in this case will NOT be refunded.
Best regards,
Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai
************************************************** ********
I had no problem getting H1 restamped from Mumbai though my address is Kerala.
I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).
This is the response to a MAIL that I had sent to the MUMBAI consulate!!
************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)
"Returning workers can apply in any of the four U.S. consulates in India."
It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.
Application fees in this case will NOT be refunded.
Best regards,
Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai
************************************************** ********
I had no problem getting H1 restamped from Mumbai though my address is Kerala.
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