misha
01-31 02:44 PM
While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
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GCBy3000
11-29 11:37 AM
Always play safe. Not all the immigration lawyers have the same answers. You might be right on several occasions, but the company will always go with the advice from the company lawyers. I have faced several idiotic decisions from my company lawyers which screwed me up big time in my GC process. But I have always played safe because I need the support from my company. When you take an offer from the new employer you do not know how good/bad are those company attorneys are. So play safe as it will cost you heavily.
NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.
How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks
NOTE: Having waited for several years with patience, develop the patience to wait for 6-8 months after 485 filing to be on safer side. Also invoking AC21 exactly after 6months does not create a good impression on you from your current employer as well as from the potential future employer. Always have a valid reason for invoking AC21 and do not invoke just because you can invoke. My 2 cents.
How do you prove to USCIS that your notice date is Aug 3 bcos I suppose in yr receipt notice, the date mentioned is of august.
Thanks
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webm
05-31 11:51 AM
Hi,
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
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anurakt
12-27 11:11 AM
anurakt, thanks for the update.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
I think there is an article on front page. Also I am personnaly right now more interested in grass root state chapter person to person campaigning rather tha online campaigning. I think time has come to show the faces and numbers to each other. I appreciate your comments and my intention here is to just give an update. I am sure somebody from core is reading this and will take action if they like the idea....
Thanks once again.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
I think there is an article on front page. Also I am personnaly right now more interested in grass root state chapter person to person campaigning rather tha online campaigning. I think time has come to show the faces and numbers to each other. I appreciate your comments and my intention here is to just give an update. I am sure somebody from core is reading this and will take action if they like the idea....
Thanks once again.
more...
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manand24
08-11 01:10 PM
Pd April 2006
Rd 07/02/2007 (nsc)
I-140 approved 10/2006
Rd 07/02/2007 (nsc)
I-140 approved 10/2006
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akkakarla
09-06 07:04 PM
Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)
One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?
Guess this guy needs serious help and be instutionalized for a very long time.
One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?
Guess this guy needs serious help and be instutionalized for a very long time.
more...
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Aah_GC
06-19 08:37 AM
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Sure, guess I was a bit irrational :)!
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Sure, guess I was a bit irrational :)!
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GC_1000Watt
01-05 03:02 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
I will appreciate your thoughts on this.
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
I will appreciate your thoughts on this.
more...
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JunRN
12-17 06:22 PM
No, it's not but you will get in trouble if you don't.
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chanduv23
10-13 01:33 PM
It was nice to meet all the folks out in NYC yesterday. Bigining with 20 is not a bad sign on a firday night. Thanks Chandu!
Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
If anyone can take initiaitve, I will help support. I will also come to the meet.
Please PM me in case someone can take initiative
Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
If anyone can take initiaitve, I will help support. I will also come to the meet.
Please PM me in case someone can take initiative
more...
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ravi.shah
01-28 11:34 AM
Check out some of the reactions (article as well as the comments) to the President's call for Immigration reform!
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
Awareness is increasing.... and realisation is happening..
Hopefully something materializes soon !!!:)
Obama makes H-1B, Green Card reform a priority - Computerworld Blogs (http://blogs.computerworld.com/17722/obama_makes_h_1b_green_card_reform_a_priority)
Awareness is increasing.... and realisation is happening..
Hopefully something materializes soon !!!:)
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babu123
04-11 07:42 PM
If you got your labor approved and if you apply I-140 before December, you are eligible to get extension for 1 year.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
more...
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rsdang1
07-01 10:35 AM
I would encourage you to talk to a doctor of Indian origin. Also she may need to do a 3 year residency...
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siddar
06-30 11:05 AM
Irrepsective of whether the new H1 is approved / rejected, you can always work for the Employer A, if the H1 is still valid.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
If you use EAD, then your status would be "Adjustment of status" and if you use H1B, then your status is H1B. A person can be in one status, only one status, at any point of time while staying in the country.
I'm not a lawyer, please consult a lawyer for immigration matters.
more...
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gbof
04-29 01:20 PM
Yes I sent it to correct address Lockbox, AZ. Thanks for asking me to confirm.
Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
Dhundhun, If you saved a copy of mailed check, Please look for any technical errors like amount in words/figures . Also check for whom it was written ( They demand it to be written for: US Department of Homeland Security) not abbreviations DHS or so.
Duplicate filing may be okay but may involve stop payment of check n withdrawal of 'right' application -- may create a kinda confusion if it is already in process missing on-line updates. Unfortunately, we are always on the receiving end..
BTW: mine was delivered at Phoenix,AZ on 4/12, checks cashed on 4/23 and I received RN yesterday, it is late but most are getting in 2-3 wks time.
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mihird
10-16 01:52 PM
EB5 investor Visa is already in place.
The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.
If I am not wrong.....I had checked on the EB5 retrogression some time back..
The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.
If I am not wrong.....I had checked on the EB5 retrogression some time back..
more...
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yabadaba
09-14 12:48 PM
me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
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honeyB
01-23 04:21 PM
bump
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MrDesi
02-07 09:47 AM
Hi Friends
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
go_getter007
01-17 03:19 AM
I relocated 2 years ago after spending more than a decade in the US. My choice was my hometown (not a Metro) due to a number of reasons - one of them was availability of jobs in my area of interest/expertise (which is business/management).
From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.
As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.
Overall, reality on the ground here much better than what we imagine sitting there.
Hope it helps. Good luck.
GG_007
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
From a quality of life (decent personal life beyond work, imho) perspective, tier B cities make sense. However, real estate prices are soaring everywhere. So, it is advisable to buy while you are still earning in Dollars - it worked out well in my case since I knew where I was going to settle.
As far as education is concerned, you also have schools with IB curriculum in addition to CBSE, ICSE and State boards - even in tier B cities. Pre-K is costly but again not out of reach for most. If kids are still young, they will be able to adjust much faster. IB is perceived to be less rigorous than other boards - but I believe kids should be able to cope up with whatever board you choose.
Overall, reality on the ground here much better than what we imagine sitting there.
Hope it helps. Good luck.
GG_007
Folks, there is thought that keeps coming to mind about where to go back in India when we finally plan to...
When we came in 2002 we did think that we will go back in a couple of years at the most....but it's been longer...we definately love it hear but think that should settle down in India rather for multiple reasons (mostly personal reasons)
I am from a small town in India and it is definately not a IT hub, my wife is from Mumbai and we think it is now too crowded (as always -:) or say to hectiv a life in Mumbai....
so then which is the best place to go ...Pune ? I hear that even that is very crowded and not to mention the sky rocketing real estate....
We have 2 kids...one 6 years and the younger one ...one year....
How is schooling back home ? I hear that the studies for the school there are much more difficult compared to here ? I mean can kids going from here cope up there in schools ?
I also hear that there are foreign schools....for which I might have to continue working here to pay the fees -;)
Thoughts friends ?
I am in the software industry (Business Inteligence)
akmypoints
10-29 02:15 PM
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
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