girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
wallpaper palm tree silhouette clip art.
sukisharma
07-20 09:31 PM
Dear Friends,
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
Could somebody help us with an urgent question?
In our 485 application, the lawyer put my divorce certificate from my previous marriage in my file but not in my wife's file. According to the 485 instruction, my divorce certificate should be included in my wife's file as initial evidence because she is the derivative applicant.
Will USCIS deny my wife's 485?
caydee
06-19 08:15 AM
How long is the AP valid? And does the clock start ticking from the date of AP application or from the date of AP approval?
2011 Vector Clip Art Picture of a
ksvreg
03-15 09:10 PM
IN THE CURRENT SITUATION/TREND,
- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.
- USCIS throwing RFEs on H1 transfers
- Beware of 140 revocation by your employer though it is not valid. But will put you in mental stress
- Make sure your new position duties and its description and slaray are similar.
more...
gc122004
07-25 03:50 PM
I would like to request for info pass, let us say If I need it on August 2nd week how many days before I can login to info pass and take that.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
In other words if I go an take Info pass today when can I get the erliest scheduled date?.
Thanks,
I fixed infopass appt last week for my interm EAD through infopass.uscis.gov. It showed me a date exactly 91st day from the date of RC date so I fixed that date. Hope this helps.
waitforgc1
02-26 09:37 PM
Once your H1b application gets selected you cannot work until atleast oct 01 2009 which is usually start date on the approval. the date may not be exactly oct 01 but it will be certainly in that range.
more...
determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
2010 people walking clip art. clip art people walking,; clip art people walking,
nousername
02-02 08:25 PM
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
Answer: At least three months before your H1 expires.
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
Answer: No.. She is already doing business, which she can not if she goes back on H4. If she is making money then no point going for H4.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
Answer: As the previous member said, both are separate issue, so don't worry and just apply for her AP.
My two cent: You should apply for your EAD and AP as well...
Answer: At least three months before your H1 expires.
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
Answer: No.. She is already doing business, which she can not if she goes back on H4. If she is making money then no point going for H4.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
Answer: As the previous member said, both are separate issue, so don't worry and just apply for her AP.
My two cent: You should apply for your EAD and AP as well...
more...
sbmallik
05-25 05:22 PM
If your MIL is not in the US, you cannot technically extend the visa.
hair people running away clip art.
santa123
10-16 08:49 AM
Moonrah
I am on the same boat; Any luck with the FOIA request without the Alien number?
My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.
I am on the same boat; Any luck with the FOIA request without the Alien number?
My I140 is approved, yet to apply for my I485 and I do not have a alien number. So how do i complete my FOIA without the Alien number? Pls let me know.
more...
mjdup
10-19 10:49 AM
Just in case someone might find this useful --
I had appeared for my visa stamping (9th year extension). It went fine. I'd used these forums to collect all the needed info so thanks to everyone ! I was little nervous but had no choice because my company had sent me for a business trip. At the consulate, security was very good. They even had places to leave your belongings. I saw people come in with cellphones, keys etc and they were check them in the security. Once through the security initial check ups took place where they put the needed documents in a file.
- At this point the person checking my docs marked red on the section where I had marked that my sibling was permanent resident.
- went to the first window where the officer checked for PIMS and wrote "no PIMS" (again in red) on my ds156 form. He asked couple of questions about where I work and then the finger print formality.
- waited for a while and finally I was called for the interview. The VO asked about my job, degree and what my role was at the company. I work for very large fortune 500 company and our division in Germany is well known.
- She left couple of times to check my PIMS records and finally told me that your visa will be approved and sent in 3-5 business days. That's how they do it consulates in Germany. You are not allowed to come and collect the passports.
- But, then she again checked my degree (EE) and mentioned that they may have to do some additional processing and will get back to me.
- But, she kept the passport and other docs so I was confident that it is only for PIMS verification. After 3 days I got back my passport with stamping. I provided all the answers with confidence and very legibly.
We just have to do what we have to do and leave the rest to whatever happens. I'd prepared everything before my trip in case I've go to India and get stamped (I'm getting tired of these long and stressful procedures, I was the only one with some many docs whereas others walked in with few sheets, go figure !).
Anyway, everything went well! Please let me know if any of you have questions and good luck to all. Hope none of us have to get stuck in the PIMS mess. Also, the PIMS process seems to have been cleaned up. Because of large amount of complaints looks like they are clearing it faster and providing the decision back to consulates much faster.
Adios.
I had appeared for my visa stamping (9th year extension). It went fine. I'd used these forums to collect all the needed info so thanks to everyone ! I was little nervous but had no choice because my company had sent me for a business trip. At the consulate, security was very good. They even had places to leave your belongings. I saw people come in with cellphones, keys etc and they were check them in the security. Once through the security initial check ups took place where they put the needed documents in a file.
- At this point the person checking my docs marked red on the section where I had marked that my sibling was permanent resident.
- went to the first window where the officer checked for PIMS and wrote "no PIMS" (again in red) on my ds156 form. He asked couple of questions about where I work and then the finger print formality.
- waited for a while and finally I was called for the interview. The VO asked about my job, degree and what my role was at the company. I work for very large fortune 500 company and our division in Germany is well known.
- She left couple of times to check my PIMS records and finally told me that your visa will be approved and sent in 3-5 business days. That's how they do it consulates in Germany. You are not allowed to come and collect the passports.
- But, then she again checked my degree (EE) and mentioned that they may have to do some additional processing and will get back to me.
- But, she kept the passport and other docs so I was confident that it is only for PIMS verification. After 3 days I got back my passport with stamping. I provided all the answers with confidence and very legibly.
We just have to do what we have to do and leave the rest to whatever happens. I'd prepared everything before my trip in case I've go to India and get stamped (I'm getting tired of these long and stressful procedures, I was the only one with some many docs whereas others walked in with few sheets, go figure !).
Anyway, everything went well! Please let me know if any of you have questions and good luck to all. Hope none of us have to get stuck in the PIMS mess. Also, the PIMS process seems to have been cleaned up. Because of large amount of complaints looks like they are clearing it faster and providing the decision back to consulates much faster.
Adios.
hot clip art people talking,
nychyd
01-02 03:16 PM
I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?
Thanks
Thanks
more...
house 2011 flag clip art - animated
hope_2007
03-28 02:12 PM
Hi all,
The Coalition for Comprehensive Immigration Reform (CCIR) has announced today (3/28) and Thursday (3/29) will be National Call-In Days in support of the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007.
Here�s the official announcement:
Greetings,
Wednesday, March 28 & Thursday, March 29 are NATIONAL CALL-IN DAYS in support of comprehensive immigration reform.
Congressmen Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) have just introduced bipartisan comprehensive immigration reform legislation. The immigration debate is moving forward and Congress needs to hear from you!
Call this number and follow the instructions to connect to your members of Congress:
1-800-417-7666
Tell your representative that we NEED COMPREHENSIVE IMMIGRATION REFORM NOW! Comprehensive immigration reform is the solution to fixing our broken immigration system, and now is the time to act. Families, workers, and communities across the country are counting on Congress to get it done, get it right, and do it now.
You can help make it happen with your phone call. JOIN THE EFFORT!
Source: http://www.knightopia.com/journal/?p=674
I hope all of you who encourage the STRIVE ACT 2007 would join the effort try to make this happen.
Thanks And Hope for the Best!
The Coalition for Comprehensive Immigration Reform (CCIR) has announced today (3/28) and Thursday (3/29) will be National Call-In Days in support of the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007.
Here�s the official announcement:
Greetings,
Wednesday, March 28 & Thursday, March 29 are NATIONAL CALL-IN DAYS in support of comprehensive immigration reform.
Congressmen Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) have just introduced bipartisan comprehensive immigration reform legislation. The immigration debate is moving forward and Congress needs to hear from you!
Call this number and follow the instructions to connect to your members of Congress:
1-800-417-7666
Tell your representative that we NEED COMPREHENSIVE IMMIGRATION REFORM NOW! Comprehensive immigration reform is the solution to fixing our broken immigration system, and now is the time to act. Families, workers, and communities across the country are counting on Congress to get it done, get it right, and do it now.
You can help make it happen with your phone call. JOIN THE EFFORT!
Source: http://www.knightopia.com/journal/?p=674
I hope all of you who encourage the STRIVE ACT 2007 would join the effort try to make this happen.
Thanks And Hope for the Best!
tattoo hot Pe clipart image
ras
01-01 02:39 PM
H1 has been approved for 2009 quota for a client A. it is almost one and half year and the visa stamping has not been done. The client A is no more interested and a new Client B is interested to offer the same position in a different location or at H1 petitioning employers location. The LCA has been filed for the Client B and may get approved in next couple of days. Is that okay to use this new client letter while going for H1B Visa stamping? This new client is not the one on whom the actual H1B petition is approved.
Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?
This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.
Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?
This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.
more...
pictures hairstyles People Clipart
Devils_Advocate
05-07 01:10 AM
As far as i know, the masters cap has no bearing on the educational level (bachelors/masters/PhD) of the job, as long as you've had a masters from an american university, you are eligible to use it, the RFE could be for some other reason, talk to your lawyer and figure it out.
dresses thinking it#39;s time
eb3_nepa
02-06 12:03 PM
Excellent words Ragz,
However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.
There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.
Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.
However i have found that motivating Desis is like milking a male buffalo (no offence to our fellow desis helping out on Immigration Voice.
There is just too much inertia, plain negativity, fear of being prosecuted etc. Besides WAYYY too many ppl like to sit on the fence and wait it out, see which way things swing and then take action at the last minute.
Also this might be a good time to mention community support. The Illegals, to the best of my knowledge get a good amt of community support. To the extent that even amnesty bills are introduced. Try getting the Local Indian communities to help. Most will give u long talks and suggestions, but Few will open their wallets.
more...
makeup clip art people standing.
Nagireddi
04-04 10:27 PM
You can start LLC or 'C' corp on EAD. No consequences. You cannot start 'S' corp on EAD. See this:
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/13349-ead-can-you-register-a-llc-inc.html
1.) Yes, but you cannot work for it without filing H1 if you are on H1 status. You can even become a partner on EAD.
2.) Yes
3.) Depends on your state of registration. Contact Department of State in your state of residence. In Texas you have to pay $750/yr even if you are not doing any business in LLC.
I agree with greyhair.Though you can start LLC, you should still be able to pay taxes as for S corp. Contact you accountant.He will explain to you better.Good luck.
girlfriend house clip art people walking,
alisa
06-26 04:59 PM
Lost I20.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
hairstyles people running away clip art.
skarthy
11-30 05:43 PM
Hi anyone else in the same situation ? any other prespective ? would really appreciate that.
Thanks.
Thanks.
Blog Feeds
01-20 08:10 AM
I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
senthilnathank
10-07 04:54 PM
No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.
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