Mayday
04-05 11:00 AM
If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).
But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.
I doubt they will find out your were out of status at border - as they must only check current I-94 and they have troubles finding all your I-94s or even any I-94s you have if you do not have them with you. So I am pretty sure they will only check the latest one you have in your hand (though I am not border patrol officer but I have gone through the procedure of looking-up my status at border control checkpoint inside USA).
But green card application process requires to look through all your history and this is when it will be brought up. You need a better attorney on this question then your current attorney is. I guess it would be a good idea to exclude this period somehow from green card application by applying later or a good lawyer might be able to appeal to some regulations that could resolve it as it was not entirely your fault, since I-94 does not have to match passport validity dates and so it was border patrol officer mistake at first.
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StuckInTheMuck
07-11 06:26 PM
Where was your finger printing? Did you talk to any IO there? My EAD FP is scheduled and I will try to utilize the chance if possible.
Thanks
It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).
Thanks
It was in Jacksonville (FL). When I was called inside for EAD FP, I gave the lady (who was taking the FP) a copy of my I485 receipt notice, and told her that I still haven't got FP notice for that, even after 11 months (I am a July 2 filer). She briefly talked to her superior (it seemed they are well aware of this issue), took the code-3 (combining code-2 for EAD and code-1 for I485) biometrics for me and my wife, and stamped on both our original EAD notice and the I485 receipt copy. She also told me to ignore the separate I485 FP notice that will be mailed to me (apparently the machine generates this notice automatically when my file is accessed, but haven't got it yet).
Oct007
11-11 08:53 PM
I have followed what many people suggested and applied for the H1B renewal.
Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.
I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?
Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.
I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?
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singhsa3
07-12 09:20 AM
Remember green card is a privilege and not a right. But your waiting period idea is well taken.
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
more...
lost_in_migration
05-15 12:38 PM
/\/\
whitecollarslave
04-17 05:53 PM
Interesting case posted by lazycis. This is a good example.
I haven't read all of it but I gather that it is important to keep evidence of the fact that you were working and not fired or laid off during this so called "bench time". Keep proper documentation during this time. Keep records of emails, travel, internal projects, timesheets, partial pay, anything that you can use to show your continued employment. Don't give the the employer a chance to claim that you were not employed or on leave of absence during that time.
I haven't read all of it but I gather that it is important to keep evidence of the fact that you were working and not fired or laid off during this so called "bench time". Keep proper documentation during this time. Keep records of emails, travel, internal projects, timesheets, partial pay, anything that you can use to show your continued employment. Don't give the the employer a chance to claim that you were not employed or on leave of absence during that time.
more...
saurav_4096
06-16 10:00 PM
How does AC21 will come into play when a person files I-485 with the letter from employer that employment will be availabe once green card is issued.
Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.
Gurus, if someone knows such please reply.
Thanks
Saurav
Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.
Gurus, if someone knows such please reply.
Thanks
Saurav
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EB3_SEP04
08-22 11:24 AM
I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).
Hope this info helps.
My RD is 7/2/08, still waiting for approval, not even an LUD after notice date. I see EB2 folks getting renewals within 30 days or so. Isn't this descrimination?
Hope this info helps.
My RD is 7/2/08, still waiting for approval, not even an LUD after notice date. I see EB2 folks getting renewals within 30 days or so. Isn't this descrimination?
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smuggymba
03-07 11:26 AM
You will retain your PD.
If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.
I haven't file 485 and have no EAD.
Just an approved 140 with looming layoffs.
If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.
I haven't file 485 and have no EAD.
Just an approved 140 with looming layoffs.
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gc_in_30_yrs
07-17 02:48 PM
IV is a public forum and recently its under the radar from various different organizations. So please do not use profanity in your language. You never know how it might come back and bite us. Please...please...please...
Yes you are correct. we should never lose our professionalism. no matter how worse it becomes, we should not lose our sight unless we reach our goal.
Yes you are correct. we should never lose our professionalism. no matter how worse it becomes, we should not lose our sight unless we reach our goal.
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sunny1000
06-19 03:00 PM
My case is already at the embassy since march 2007? Not sure when they schedule interview ?does anyone know the time lines.
Did you check the Embassy website? They post the interview dates for all the applicants scheduled for the following month. You can email them or call them and I am sure they will respond.
Did you check the Embassy website? They post the interview dates for all the applicants scheduled for the following month. You can email them or call them and I am sure they will respond.
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jaggu bhai
08-10 11:58 AM
A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.
Best Wishes,
Thanks glus
down the line we wanted to use the benefits of F1.
thats why we r planning to change!
tx
Best Wishes,
Thanks glus
down the line we wanted to use the benefits of F1.
thats why we r planning to change!
tx
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thirumalkn
07-26 05:11 PM
Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
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stemcell
03-07 09:44 PM
Unfortunately it means the 485 will also be denied.....
unless you can appeal the 1-140 which is a lengthy process.....
Hopefully luck is on your side....
again please ask your lawyer as to what the best way to go is....
unless you can appeal the 1-140 which is a lengthy process.....
Hopefully luck is on your side....
again please ask your lawyer as to what the best way to go is....
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LayoffBlog
01-27 01:32 PM
Specialty chemicals company Clariant AG said Tuesday it is cutting 1,000 jobs this year.Clariant said the job cuts are the result of a sharp decline in customer demand for its products in the textile, leather, automotive and construction industries.Source: International Herald TribunePosted in Chemical, Manufacturing, worldwide Tagged: Clariant, Clariant layoff http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1258&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/27/swiss-chemicals-company-clariant-cuts-1000-jobs/)
More... (http://layoffblog.com/2009/01/27/swiss-chemicals-company-clariant-cuts-1000-jobs/)
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pratikgr
08-09 08:55 AM
Hey ..You could take GMAT training or something from Kaplan which issues F-1 Visa for 3 months which is the duration of the course. 20 hours of mandatory attendence is there per week and you cannot work during that time....but you are covered legally. First get an F-1 and then apply for a H-1. I did this in 2004.
Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
Thanks to all for their prompt reply on my situation. I am in NJ/NY area. And considering short term course during the period of Jun 2008 to October 2008. Which is almost 3 months. Any one have any idea if any kaplan center or community college provide courses or I20 in summer session?
Getting job in university and some non profit organization is another good option. If we consider that, we can apply for H1 anytime? Please advise some more in this option.
Yes marriage is another option, but only 50% is in my hand for this option.
Please please guys, get me some way out of this situation.
Oh, since my H1 has been denied, can I file for 'Motion to ReOpen'? How long USCIS take to decide on MTR and what are my chances there.
more...
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tnite
09-26 04:05 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
See my signature for NSC timeline for my I485
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
See my signature for NSC timeline for my I485
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gc67890
11-16 10:19 PM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
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nemu777
09-17 03:38 PM
Hi Vani,
I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.
I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.
Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
srkamath
07-16 09:09 AM
IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
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