SK2007
10-12 10:19 AM
Hi All,
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
The easiest option is to travel outside the country and come back and get a new I-94. You might want tot go back to the local office where you went earlier, they might not issue a new I-94, but will be able to correct the date on the issued I-94, after you explain them the situation. A similar thibg happened to my wife on H4 few years ago. We went to the local office (Boston) and got it fixed.
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
The easiest option is to travel outside the country and come back and get a new I-94. You might want tot go back to the local office where you went earlier, they might not issue a new I-94, but will be able to correct the date on the issued I-94, after you explain them the situation. A similar thibg happened to my wife on H4 few years ago. We went to the local office (Boston) and got it fixed.
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insbaby
08-07 06:41 PM
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
You don't have to be sorry. If there is an option to review a thread created newly by administrator before it goes to public, management should consider. Nothing will be lost if a thread takes 24 hours to go live.
You don't have to be sorry. If there is an option to review a thread created newly by administrator before it goes to public, management should consider. Nothing will be lost if a thread takes 24 hours to go live.
HawaldarNaik
02-19 04:15 PM
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bolo MERA BHARAT MAHAAAAAN........:)
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sidm
05-31 12:25 PM
I have been banned too - simply because I raised the cause of international students and IV's duplicity in its stance, and that makes some GC-greedy members paranoid. :D
more...
Hinglish
08-07 08:49 PM
People do not agree and have different ideas - sometimes to the point of personal hurt! - this is natural. They have different interests and even when they have shared goals, sometimes their paths to those shared goals may diverge - this is natural, too. Yes, differences, discussion and divergence can lead to a final separation and then two or mroe new groups are born - and it can happen naturally and it does not have to be rushed or forced through censorship and persecution. But sometimes debates and differences actually help the whole group to stay together and find a better path or a better solution - in the heat of the discussion and in the fight of the dualling arguments a new idea, approach or solution is born. I do think that a lot of the most contentious discussions on this forum are actually the most important and interesting ones because those are the oens that will cut to the heart of the problem and reveal the real depths of the issues. Suppression of diverging opinions is the hallmark of dictatorships.
As if the comments people write are really going to affect things ....
As far as I am concerned ... let the dogs bark ... when they start biting ...f$@king gas them ....meanwhile take a look at the "Lighten Up" thread... it should cool things down ....
As if the comments people write are really going to affect things ....
As far as I am concerned ... let the dogs bark ... when they start biting ...f$@king gas them ....meanwhile take a look at the "Lighten Up" thread... it should cool things down ....
gondalguru
07-16 11:03 AM
meridiani.planum, thanks for giving me red. I dont think EB2- India will go back to 2002/2003 for the October 2008 visa bulletin. Even if it goes back to that old dates it comes back to 2006/2007 very quickly.
I will give you a green too. You have been a great help to forum members understand retrogression issues.
I will give you a green too. You have been a great help to forum members understand retrogression issues.
more...
hmehta
08-23 07:37 PM
Your Labor Approval date is 8/13/2007 and you had already applied for 485 on June 29th, how is that possible?
Labor Approval Date: 8/13/2007
I-140 Approved sept 2005 Attorney incorrectly applied EB3
Applied second I-140 EB2 May 2007 EB2
I-485 applied June 29th
I-485 receipt notice received Aug 15
EAD approved Aug 17
YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.
Labor Approval Date: 8/13/2007
I-140 Approved sept 2005 Attorney incorrectly applied EB3
Applied second I-140 EB2 May 2007 EB2
I-485 applied June 29th
I-485 receipt notice received Aug 15
EAD approved Aug 17
YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.
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insbaby
08-13 11:16 PM
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
- future VBs : WE MUST CHECK WITH FORTUNE TELLERS
- visa availability in the coming months: ASTROLOGY MAY HELP.
- awareness about visa wastage: PART OF USCIS POLICY
- dates becoming current for most EB categories: MOST OF THEM ARE CURRENT NOW
- light at the end of tunnel for most of us: WHERE IS THE TUNNEL FOR EB3?
- USCIS efficiencies: INCREASING STEADILY
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
- future VBs : WE MUST CHECK WITH FORTUNE TELLERS
- visa availability in the coming months: ASTROLOGY MAY HELP.
- awareness about visa wastage: PART OF USCIS POLICY
- dates becoming current for most EB categories: MOST OF THEM ARE CURRENT NOW
- light at the end of tunnel for most of us: WHERE IS THE TUNNEL FOR EB3?
- USCIS efficiencies: INCREASING STEADILY
more...
ronnie0479
01-24 05:32 PM
I never said school can force her to maintain F1. All I said was if she wants to be on F1 (for whatever reasons) she needs to comply with school's policies. Also her maintaining or not maintaining F1 is immaterial to her legal immigration status in the country (which is safe by the virtue of pending I-485) it is just that she will cease to be on F1 status (her current non-immigrant status, just obtaining EAD doesn't mean she has abandoned F1 status, she needs to use it)
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
Also, she will no longer be on any non-immigrant status when school cancels her F1, from that point on her status will solely be based on I-485 and its outcome.
The school policies does not determine whether someone can be on F1 status or not. Government has laid down the rules for F1 status. School cant say that one has to take so many credit hrs for that person to be on F1. The rule is that to maintain F1 status, one has to be a full time student with minimum 3 courses , thats 9 credit hrs, but the exception is the final semester where that student can have less then 9 credit hrs.
Plus since the F1 is not a dual intent visa type , when someone applies for 485 , the F1 status is forfitted. what you are mentioning about the previous non-immigrant visa status continues even after obtaining EAD and remain so until EAD is used only applies to the non-immigrant status like H1 , H4 , L1 etc which are dual intent visa types. For F1 your statement does not apply.
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jayleno
09-19 01:27 PM
Friends,
Those who have US citizen kids Vs Those who dont
Let us fight :D:D:D
Those who have US citizen kids Vs Those who dont
Let us fight :D:D:D
more...
mariner5555
02-29 01:32 PM
if you have EAD and 140 is approved (And 180 passed since 485filed), then why are you worried about H1 status ?
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
am I missing something here ..I let my H1 expire and am using EAD now.
I had another question - if one has EAD and 140 is approved (and 180 days passed and a person does not hav H1) - then how long can that person stay unemployed ? please reply if you know ..Thanks !!
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Norristown
09-22 12:38 PM
With current situation in economy, I don't think our HR 5882 will be in the mark uplist. US govt has bigger problems than spending time for "recapture EB visas". I have no hope of recapture bill will be discussed near future. Sorry for my pesimistic views
more...
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go_gc_way
05-26 02:47 PM
We haven't gone out celeberating yet. We are working on the Next round strategy with QGA. Please bear with us. We'll unfold stuff when time/situation permits.
Thanks for the reply... I was curious. I will be patient and look out for new postings on this topic.
I wish others (who do not) understand , that they know it is not yet law and there is work that needs to be done.
And I wish all other members who have not contributed .. contribute soon, as that is the most visible request from IV to members today. And I believe these contributions will go towards acchiving our dreams.
Thanks for the reply... I was curious. I will be patient and look out for new postings on this topic.
I wish others (who do not) understand , that they know it is not yet law and there is work that needs to be done.
And I wish all other members who have not contributed .. contribute soon, as that is the most visible request from IV to members today. And I believe these contributions will go towards acchiving our dreams.
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alinaturkova
01-15 12:48 PM
This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements.
You need to *prove* that you have no intention for immigrating to US. Your intention is within your head; it does not start from any given date or given action by USCIS. The IO needs to "read your mind". The legal standard is that the court concedes that no one can know for sure what one's intentions are, however, the immigration officer can make a reasonable guess at the intentions by observing the actions you took or someone else took on your behalf.
In your case:
1. Someone filed I-130 for you. This is for permanent immigration to US.
2. You have family ties in US.
3. You have traveled to US before (I do not know how frequently).
4. You want to join a university that does not even have your major; that too you do not know what exactly you will study in that university. This itself is a very strong indication (at least in my mind) that you are not really interested in the education, but you applied to that university just for coming to US.
All together, it shows a clear pattern of observable evidence that your intention is to immigrate to US.
Thank you for your response raysaikat! Could you please rephrase your first part of the answer "This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements."? It's a bit confusing.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college? The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa? Do they have information regarding the "I-130" process in their database? I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process? I mean switching to "H1B" after I finish college. Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
You need to *prove* that you have no intention for immigrating to US. Your intention is within your head; it does not start from any given date or given action by USCIS. The IO needs to "read your mind". The legal standard is that the court concedes that no one can know for sure what one's intentions are, however, the immigration officer can make a reasonable guess at the intentions by observing the actions you took or someone else took on your behalf.
In your case:
1. Someone filed I-130 for you. This is for permanent immigration to US.
2. You have family ties in US.
3. You have traveled to US before (I do not know how frequently).
4. You want to join a university that does not even have your major; that too you do not know what exactly you will study in that university. This itself is a very strong indication (at least in my mind) that you are not really interested in the education, but you applied to that university just for coming to US.
All together, it shows a clear pattern of observable evidence that your intention is to immigrate to US.
Thank you for your response raysaikat! Could you please rephrase your first part of the answer "This is not a valid reasoning. The "no" is not related to immigration intent. It is related to if you made factually correct statements."? It's a bit confusing.
You're saying I need to *prove* that I have no intention for immigrating to US. Do you mean that they must clearly see that I have no intention to stay in the US after I finish college? The I-130 form is pending so it's obvious I have such intentions. However, the process takes a very long time. Do you think that if I prove that I plan to go back home after school and then wait for the process in my home country I'll be issued a visa? Do they have information regarding the "I-130" process in their database? I mean there is a chance they don't even ask about it. Well, last time we applied they didn't.
Also, do you think that my previous false response to the application form question could in some way affect my I-130 process? I mean I've returned back so in my understanding it shouldn't be a problem. Please explain.
If I get lucky and get a visa issued. What happens next? Is it easy to switch to a working "H1B" visa from "F-1" visa and maintain this status until the end of the "I-130" process? I mean switching to "H1B" after I finish college. Is it ok to leave the country while on "H1B" status while "I-130" pending? Please comment. Thank you.
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permfiling
11-22 08:22 PM
I am still waiting. I created a SR and reply was to wait for biometrics. I am going to India in dec. Any recommendation on what to do if I still have not got the card?
Take Infopass appt, take your approval notice and mention that you need to travel and your spouse has a job offer.
Which service center has processed your case?
Mine was from CSC to NSC and I am waiting too
Take Infopass appt, take your approval notice and mention that you need to travel and your spouse has a job offer.
Which service center has processed your case?
Mine was from CSC to NSC and I am waiting too
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GCIsLuck
10-05 01:54 PM
I received IRS tax audit check for year 2005 last week. I guess mostly I can defend my audit and I have scheduled an appointment with IRS tax manager for next week
However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact
Appreciate your thoughts.
If anyone faced this problem please, please give ur ideas
However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact
Appreciate your thoughts.
If anyone faced this problem please, please give ur ideas
more...
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sunny1000
07-15 06:41 PM
Compile a list of famous immigrants like Albert Einstien, Madelene Albright, Henry Kissinger. Add to that the list of doctors, scientists who were immigrants and benefited mankind. Change the mental image of the immigrant as a low wage seeking, will work for food worker.
Bring out the other side of the story. Let Lou Dobbs fight history and deny it.
Add Gov.Arnold Schwazenegger, Senator Mel Martinez, Gen.John M.Shalikashvili (former chairman of the Joint Chiefs), Gov.Jennifer Granholm, Late Peter Jennings, Commerce Secretary Carlos Gutierrez, Labor Secretary Elaine Chao
Bring out the other side of the story. Let Lou Dobbs fight history and deny it.
Add Gov.Arnold Schwazenegger, Senator Mel Martinez, Gen.John M.Shalikashvili (former chairman of the Joint Chiefs), Gov.Jennifer Granholm, Late Peter Jennings, Commerce Secretary Carlos Gutierrez, Labor Secretary Elaine Chao
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07-04 11:50 PM
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CADude
03-03 10:51 PM
what option you used to call? my case is similar. but both labor is mine(one stuck due to auto remand). I want to know if interfile is automatic or not? I am candidate for layoff this month end after 7 years of job in company. I also want to call to USCIS know.
hi pd_recapturing/gene 77,
Is there any update on your case, I have similar situation,
I have applied my I485 with priority date of Jan2006 (my I 14O is approved).Mean time the same company
applied a sublabor with a priority date july10,2001 for Eb3 ,which is current. Can i replace my old i140 with
the new i 140(eb3). and if i success fully do so, do I have still have to be with same employer for another 180 days.
When I called USCIS today they said some officer is reviewing my case, does this mean interfiling is automatic?
My PD is current for 2001 july10 eb3 category?
Please let me know...
hi pd_recapturing/gene 77,
Is there any update on your case, I have similar situation,
I have applied my I485 with priority date of Jan2006 (my I 14O is approved).Mean time the same company
applied a sublabor with a priority date july10,2001 for Eb3 ,which is current. Can i replace my old i140 with
the new i 140(eb3). and if i success fully do so, do I have still have to be with same employer for another 180 days.
When I called USCIS today they said some officer is reviewing my case, does this mean interfiling is automatic?
My PD is current for 2001 july10 eb3 category?
Please let me know...
Michael chertoff
07-12 10:59 AM
Up that by another 3 months:D
Here you go,
I hope it wiill move to Nov 2006 PD
MC
Here you go,
I hope it wiill move to Nov 2006 PD
MC
champu
02-16 08:47 PM
My client is offering me a Project Manager position while my GC application is for Software Engineer.
Is it okay to take such a position?
How good match should be Job Profile match?
Please share your knowledge and experience.
Is it okay to take such a position?
How good match should be Job Profile match?
Please share your knowledge and experience.
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