dvb
10-12 12:51 PM
Here is a link to a USCIS memo regarding errors on I-94 : http://www.uscis.gov/files/pressrelease/I94Errors033004.pdf
Note that this does not cover errors made by CBP (Customs and Border Patrol).
Here is what CBP has to say @ this link http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_departure_record.xml ->
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, you will be required to file an I-539 Form with USCIS. .
-----------------
One finger pointing to the other ... :rolleyes:
Anyway, I am trying to contact my local airport CBP to see if anything can be done.
-
DVB
Note that this does not cover errors made by CBP (Customs and Border Patrol).
Here is what CBP has to say @ this link http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_departure_record.xml ->
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, you will be required to file an I-539 Form with USCIS. .
-----------------
One finger pointing to the other ... :rolleyes:
Anyway, I am trying to contact my local airport CBP to see if anything can be done.
-
DVB
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roseball
03-29 03:57 PM
Hi Guys,
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
I need your help on this. My cousin is running this small IT company in india and he mentioned that when US client sends their money to India via Pay Pal or some secure money transfer , they are charging them 4 % of transfer amount.
He ask me that what could be the best way to avoid this fees , some of the option that we thought about,
1) If they (cousin's company) open an bank account in USA and utilize this to transfer the money to indian bank account - Would they still need to pay US tax as money is being deposited into the US account?
2) If I utlize my bank account - I think in this scenarion I have to pay the US tax for whatever money the client is depositing into my account in order to make this legal transfer
3)If US client utilize remit2india, ICICI to transfer money which I highly doubt
I appriciate your responce on this.
If you are working on H1, #2 is not an option. You will be violating immigration laws by accepting payment from unauthorized sources by doing so.
kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
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DSLStart
10-02 08:59 AM
doesn't matter if H1 is expired and AP is current. You are still good to fly via frankfurt.
How about coming back fron India to US on AP and expired H-1??
How about coming back fron India to US on AP and expired H-1??
more...
GCplease
07-08 12:04 PM
Did you send photos
No I did not. The instructions said, I don't have to send photos.
That is the reason, they asked me to appear for bio-metrics which I did.
No I did not. The instructions said, I don't have to send photos.
That is the reason, they asked me to appear for bio-metrics which I did.
dpuranik
03-02 05:05 PM
My Company Paid $4000 as a Lawyer Fee for GC, +USCIS Fee+ ADV cost
1. PERM - $2000
2. I140 - $1000
3. I485 - $1000
1. PERM - $2000
2. I140 - $1000
3. I485 - $1000
more...
h1b_slave
02-28 03:50 PM
Hmmmm! if i understand correctly 7%- 8% interest is given on FIXED deposit (of Rs 50 lakhs or more ) for 5 or more years i.e person gets money after 5 years. How will the person meet expenses for first 5 years ?
This also means he can never buy a house ? I guess how many families would never want to own a house ?
This also means he can never buy a house ? I guess how many families would never want to own a house ?
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pratibha
11-13 11:49 AM
Please make sure you use your credit card wherever you get a receipt with your signature on both sides of the border to prove that you have left the country and the dates on the receipt will verify the same.
Taking your car to Canada is useless as you will end up paying CAD 200 just for processing and then even though your car is good for Canada it will not pass the testing in that country which has to be done within one month of entry. To do the modifications it will cost you hell. I have experienced the same and got fed up and then reexported my car back to US only by sending them a notarized letter saying the car is back in US. I have PR card and went to Canada only temporarily to make my time to re validate my PR, now I am in US
When the officer at the Canadian side will fill up the import form for all your personal goods , you can ask him to stamp your passport which will prove your stay and time in order to obtain the Canadian Citizenship.
Dude nothing is rosy in Canada as there are very little jobs and highly qualified people are driving Cabs and doing laborer's job.
Good luck to you.
Taking your car to Canada is useless as you will end up paying CAD 200 just for processing and then even though your car is good for Canada it will not pass the testing in that country which has to be done within one month of entry. To do the modifications it will cost you hell. I have experienced the same and got fed up and then reexported my car back to US only by sending them a notarized letter saying the car is back in US. I have PR card and went to Canada only temporarily to make my time to re validate my PR, now I am in US
When the officer at the Canadian side will fill up the import form for all your personal goods , you can ask him to stamp your passport which will prove your stay and time in order to obtain the Canadian Citizenship.
Dude nothing is rosy in Canada as there are very little jobs and highly qualified people are driving Cabs and doing laborer's job.
Good luck to you.
more...
chanduv23
02-04 04:01 PM
My wife went on Jan 17th for h1b stamping in Chennai. It was cool. She is doing her residency in a non profit organization. The VO was cracking jokes, saying "You do internal medicine for humans whereas your husband does internal medicine for computers".
I heard they are pretty cool these days. But make sure to take all your w2s and payslips and also make sure you tell him/her what you do and that has to match your petition, he may ask, how many years u r in US, how many children etc....
If anyone had bad experiences in recent times, please let us know.
I heard they are pretty cool these days. But make sure to take all your w2s and payslips and also make sure you tell him/her what you do and that has to match your petition, he may ask, how many years u r in US, how many children etc....
If anyone had bad experiences in recent times, please let us know.
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Leo07
12-10 09:26 PM
I missed the train too...Now I don't want to miss the omnibus.
Please contribute to IV and reach your goal!!!
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
Please contribute to IV and reach your goal!!!
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
more...
Dj-Studios
05-21 05:47 PM
Holly crap by some miracle I am actually almost done with my next one. It should challenge you to think about your next volley.:D
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needhelp!
12-10 02:14 PM
and got 7 year (or is it 8) renewed license
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raj3078
09-19 03:07 PM
Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.
What is current strenght of IV? I have not seen the number changed or updated for long?...Any update on Membership count as well as funds will be appreciated
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us with.
What is current strenght of IV? I have not seen the number changed or updated for long?...Any update on Membership count as well as funds will be appreciated
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amoljak
10-19 09:04 AM
No matter how many years you are on H1B, 2 or 10..., you are out of status as soon as your employment ends. Unlike what many H1Bs think, there is no grace period. You have 10 days to pack your bags and leave. However to verify your employment USCIS uses paystubs, so if you immediately find another job and file for a new H1B before your current employer reports to the USCIS that you are no longer working you should be OK.
So first thing you need to keep in mind is do not fight with your current employer. He can screw you in more than one way.
Second, get a three year extension if you can.
Third, find a stable employer... I know many people here hate consultancy companies, but that is the safest option for you.
If you read the transcripts of the Q&A with lawyers, posted on the front page of this site, you will find answers to question about changing jobs when you have I-140 approved etc.
So first thing you need to keep in mind is do not fight with your current employer. He can screw you in more than one way.
Second, get a three year extension if you can.
Third, find a stable employer... I know many people here hate consultancy companies, but that is the safest option for you.
If you read the transcripts of the Q&A with lawyers, posted on the front page of this site, you will find answers to question about changing jobs when you have I-140 approved etc.
more...
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Steven-T
February 4th, 2004, 01:38 PM
I There are two problems for me. There can be major magenta fringing at back-lighting and low light conditions (What will happen for shooting one hour before sun rise and after sun set?). You must shoot raw and do significant digital dark room work.
Steven
Missed the most important show stopper, FOR ME. All my current Nikkor primes are no good for this babe. I have to buy the three latest and greatest 2.8 D AF-S ED IF (???) big zoom lenses. With the 14n, the total is $10,000, no change, not even a penny. WOW!!!
Steven
Steven
Missed the most important show stopper, FOR ME. All my current Nikkor primes are no good for this babe. I have to buy the three latest and greatest 2.8 D AF-S ED IF (???) big zoom lenses. With the 14n, the total is $10,000, no change, not even a penny. WOW!!!
Steven
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prasadn
11-12 04:14 PM
How about Mexico? I saw some notes on tavle.state.gov (Mexico (http://travel.state.gov/travel/cis_pa_tw/cis/cis_970.html)), which says -
"As of May 1, 2010, non-U.S. citizens with valid U.S. visas may enter Mexico with the U.S. visa, and do not have to obtain a Mexican visa. "
As of May 1st, 2010, no visa is required to travel to Mexico as long as you have a valid visa or AP to return back to the US. We flew to Cancun on May 14th 2010 with our AP and were there for a week. We had no issues either in Mexico or on our arrival back into the US.
"As of May 1, 2010, non-U.S. citizens with valid U.S. visas may enter Mexico with the U.S. visa, and do not have to obtain a Mexican visa. "
As of May 1st, 2010, no visa is required to travel to Mexico as long as you have a valid visa or AP to return back to the US. We flew to Cancun on May 14th 2010 with our AP and were there for a week. We had no issues either in Mexico or on our arrival back into the US.
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11-29 11:44 AM
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Pagal
03-22 09:51 AM
Hello,
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
nature
08-23 04:34 PM
yes
sbajaj80
09-14 01:04 PM
Does anyone know if there is a time frame (say 60 or 90 days) within which they have to approve your EAD, AP & 485 after issuing the receipt notice?
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