lostinbeta
10-03 11:56 PM
What part don't you understand exactly? It is a pretty straightforward tutorial.
wallpaper Jason Clarke
austinsamb
05-12 09:53 AM
Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.
I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.
I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.
visa_reval
04-05 04:23 PM
I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
2011 Maybe Jason Clarke and
milind70
04-07 05:38 PM
I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
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Berkeleybee
03-31 06:00 PM
Thank you Jkays and Cpolisetti for bringing this to our attention.
I just sent Mitra an email.
best,
Berkeleybee
I just sent Mitra an email.
best,
Berkeleybee
vdlrao
01-21 02:16 PM
Do I need Germany visa to travel on AP, to India via Germany with Lufthansa air lines.. Please let me know.
Thanks.
Thanks.
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go_getter007
01-26 10:35 AM
In terms of processing dates, which date is relevant?
USCIS Received Date: E.g., July 25, 2007
OR
USCIS Notice Date: E.g., Sept 12, 2007?
Thanks.
GG_007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Set your Temp. Internet File setting to "automatic" to check for newer version.
USCIS Received Date: E.g., July 25, 2007
OR
USCIS Notice Date: E.g., Sept 12, 2007?
Thanks.
GG_007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
Set your Temp. Internet File setting to "automatic" to check for newer version.
2010 Jason Clarke and Matt Lauria
xbohdpukc
03-15 05:17 PM
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
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ameryki
06-22 02:58 PM
Instead of entering (c)(09) on the EAD renewal form, I entered (c)(0)(9). Friends please let me know if this is going to cause any issue for my EAD application?
dont think this should be an issue mate...wait and watch
dont think this should be an issue mate...wait and watch
hair Jason Clarke Actor Jason
amsgc
06-09 12:20 AM
Here is some information on what to do if your passport and I-94 are lost or stolen.
http://www.travel.state.gov/visa/temp/info/info_2009.html
If you do not receive the I-94 in time (before leaving the US), you can send copies of your boarding pass, immigration stamp (when you enter India), and a cover letter to the USCIS (Kentucky, see below) explaining what happened.
http://www.usembassy.org.uk/dhs/cbp/i94.html
Hope this helps, and don't worry.
PS: Sorry to hear about your loss. Just F.Y.I, there is no such word as "thefted". Use "stolen".
http://www.travel.state.gov/visa/temp/info/info_2009.html
If you do not receive the I-94 in time (before leaving the US), you can send copies of your boarding pass, immigration stamp (when you enter India), and a cover letter to the USCIS (Kentucky, see below) explaining what happened.
http://www.usembassy.org.uk/dhs/cbp/i94.html
Hope this helps, and don't worry.
PS: Sorry to hear about your loss. Just F.Y.I, there is no such word as "thefted". Use "stolen".
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GetGC08
07-30 06:29 PM
Hello,
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.
In labor(PERM) we mentioned Masters required
& Major field of study is Computers.
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.
Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???
My labor already got approved.
My company is financially very good.
Now which wage USCIS consider or match with W2??
I will really appreciate your response.
Thanks.
hot Jason Clarke
good idea
12-03 09:41 AM
one of my friend is in same situation, he submitted docs approx 45 days back & he is expecting it may take another 1-2 months as consulate office might send all those documents to USA & cross check with H1 issue visa office.
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house Pictured L-R: Jason Clarke,
user1205
09-05 12:05 PM
From http://www.immigration-law.com/Canada.html
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
tattoo Jason Clarke - 2011 Winter TCA
gopalkrishan
08-06 03:59 PM
This topic is posted under General Information > Interesting Topics
Billu did not post this under immigration matter, so dont read it if you dont want to.
with fear of sounding rude to Veerufs .. I must say that i concur and whole heartedly agree with Austingc :p
Billu did not post this under immigration matter, so dont read it if you dont want to.
with fear of sounding rude to Veerufs .. I must say that i concur and whole heartedly agree with Austingc :p
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pictures The Chicago Code is the
abhijitp
08-30 05:17 PM
And thanks for your continued support. I wish every IV member thinks like you!
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
People, please please please attend the DC rally! If you just cannot, please sponsor someone to attend the rally:
http://immigrationvoice.org/forum/showthread.php?t=12441
Thanks
dresses The Chicago Code Publicity
smsthss
12-18 05:59 PM
I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??
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makeup Jason Clarke in quot;The Chicago
crystal
12-06 09:33 AM
NSC people have gotten 3 copies. but I think both TSC and CSC people have gotten only 2 copies. There is no need to worry I guess.
I just have 2 copies of AP.....should I have gotten 3????.
Please advise
I just have 2 copies of AP.....should I have gotten 3????.
Please advise
girlfriend The Chicago Code star Jason
Canadian_Dream
04-03 11:00 AM
1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
hairstyles The Chicago Code Publicity
yoda
08-12 06:25 PM
According to my understanding, PIO is like a long term entry visa but it does not allow you to work. You would still need an employment visa.
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
Only OCI visa holders can work without employment visa.
You may want confirm the details on the Embassy website as they keep changing rules from time to time.
herns
03-07 08:38 PM
I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
[/I]
THanks for your reply.
I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html
I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.
[/I]
THanks for your reply.
I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html
I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.
misha
07-12 01:13 PM
Question for July I-485 filers.
Did anybody receive I-485 July Rejection Notice by mail?
Did anybody receive I-485 July Rejection Notice by mail?
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