regacct
11-12 11:03 AM
FREQUENTLY ASKED QUESTIONS - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS)
Find answers to your questions Sect 15: Converting categories/statuses
Find answers to your questions Sect 15: Converting categories/statuses
gc28262
04-08 06:27 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
eb3_nepa
08-14 03:33 PM
Called 6 different operators at the USCIS and got different answers (atleast they are consistently inconsistent!)
2 Said it is perfectly fine as long as the amount is correct
3 said they prefer seperate checks but if the amount is correct they will accept it
1 said they will reject the whole package.
On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.
2 Said it is perfectly fine as long as the amount is correct
3 said they prefer seperate checks but if the amount is correct they will accept it
1 said they will reject the whole package.
On a lighter note i spoke to one really sweet lady when my call was escalated. All i wanted to ask was about the checks, but she (very enthusiastically) looked up my information and informed me that i was not in the system yet and actually apologised to me. Now i KNOW she looked it up coz she got my middle and company names right even without my telling her that. She even said she has received a few calls today and the guy b4 me was a lucky caller as he was in the system as of Aug 8.
Blog Feeds
04-22 06:20 PM
Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
more...
reachinus
10-31 10:20 AM
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
krishnam70
11-20 03:48 PM
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
more...
camarasa
07-12 05:02 PM
"and why the hell discrimination against people from only 4 countries?"
Oh please - what rubbish.
Oh please - what rubbish.
ashkam
03-19 02:05 PM
low hanging fruit (http://www.google.com/search?hl=en&q=I-485+low-hanging+fruit&btnG=Google+Search)
more...
Almond
07-13 08:51 PM
I think it will change to green if someone likes you enough to vote for you:)
myeb2gc
02-24 02:35 PM
Hi,
I recently got my H1B extension. My consulting firm is smaller, i did not even submitted my client letter. One thing is that i am with the same employer since i am in US. As far as i know if you dont change your employer OR if you have all the documentation properly submitted then i think things will be smoother.
I recently got my H1B extension. My consulting firm is smaller, i did not even submitted my client letter. One thing is that i am with the same employer since i am in US. As far as i know if you dont change your employer OR if you have all the documentation properly submitted then i think things will be smoother.
more...
.jpg "paisajes naturales para")
9411b
03-06 12:56 PM
You are not alone.
We have the same problem.
EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.
Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.
Big headache.
Good luck everyone.
J
PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(
We have the same problem.
EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.
Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.
Big headache.
Good luck everyone.
J
PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(
chanduv23
04-08 04:25 PM
Literally anyone is IV. IV is you and me. We are all collectively IV.
A lot of us have done media interviews in past. Some brought in media contacts, some gave media interviews .... so if you are interested, why don't YOU represent IV and contact media personnel.
This was supposed to be addressed to the OP.
A lot of us have done media interviews in past. Some brought in media contacts, some gave media interviews .... so if you are interested, why don't YOU represent IV and contact media personnel.
This was supposed to be addressed to the OP.
more...
jonty_11
01-15 02:53 PM
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
alex99
10-01 11:32 AM
Friends,
How to know if our name checking process is done without any issues?
Regards,
Alex
How to know if our name checking process is done without any issues?
Regards,
Alex
more...
waitnwatch
06-01 04:54 PM
Just a thought. If wishes were horses......
While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.
A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.
I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.
(a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
(b) Would you first see the current bill to the end and then consider other options only if it dies.
While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.
A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.
I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.
(a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
(b) Would you first see the current bill to the end and then consider other options only if it dies.
swamy
05-21 11:55 PM
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.
more...
indianabacklog
11-10 04:04 PM
You can volunteer in a role that is always undertaken by individuals who are volunteers, such as in a hospital setting. In reality if you are volunteering for a for profit they are really getting unpaid assistance which technically should be done by an employee.
If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.
I do have this information from a lawyer incidentally as this question arose in our family.
If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.
I do have this information from a lawyer incidentally as this question arose in our family.
browncow
05-20 09:43 PM
From what I understand, if you have an H1b extended based on your Labor or I140 approval, if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
From the lawyers' perspective, all of them promoting H1bs is more a business push than a 'favorable situation for the applicant' push.
Most EAD/AP applications/renewals are now filed by applicants directly, whereas H1Bs go thru the lawyers.
But keeping the moolah part aside, why would an EAD be invalid whereas a H1b be valid, when both are based on the Green Card application?
pd052009
08-20 02:38 PM
Considering the amount for H1 transfers(Hope the economy improves a lot for easy h1 transfer), the collectable amount will be more than 600M.
yabadaba
10-17 02:58 PM
commute from il to texas/leave ur wife behind/continue paying rent on ur apt and ask a friend to keep an eye out for ur receipts
if not...file AR-11 and pray for the best....there is not really that much in terms of options.
if not...file AR-11 and pray for the best....there is not really that much in terms of options.
txh1b
08-06 07:36 PM
hi,
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.
1. Possibly can with a divorce.
2. #1, can be considered automatically revoked if divorced.
3. No
I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
Can I know a few things
1. Can he take me out of the GC ?
2. Can he revoke my EAD ?
3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
please help...
If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.
1. Possibly can with a divorce.
2. #1, can be considered automatically revoked if divorced.
3. No
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