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  • acecupid
    07-08 04:39 PM
    Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
    This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
    So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US

    I agree with ssterian01. I read similar views from ron gotcher's forum about this issue. Even if wife is in pure non-immigrant category like F1, it is not a problem to add her to I-485 when dates become current. If you are on H1 and cannot mailtain H1 status for long and I-485 for wife has not been applied then you have little choice but to do a COS to F1 for wife.

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  • glus
    11-17 12:05 PM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
    Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.

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  • gc_relief
    04-27 02:56 PM
    Reason syill not known and waiting for the denial notice..

    Priority date is Nov'20 2007
    My I-140 receipt date is Feb'20 2009..

    Does the date impact my h1 extension??

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  • rolrblade
    07-31 04:36 PM
    Did they give you a temporary one or they straight away issued a new permanent DL. Right now all I have is a sheet of paper with my name that states temporary drivers license. I cant even walk in a bar to buy beer ... its annoying!

    uuuhhh. I can atleast respond to the drink question! use your passport. that is valid proof of age. The law does not require everyone to have a drivers license. Driving is a privilage.......not a right. So, feel free to take your passport in as proof of age and enjoy the drinks :D


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  • panky72
    08-03 01:47 PM

    Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box ""]contributing to immigrationvoice"

    Thanks ebizash. Updated my signature.:)

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  • ultimo
    10-18 12:45 PM
    I filed on July 23, I-140 and 485 concurrent.
    I got EAD on 5th Oct.
    I had fingerpring done on OCT12.
    Whne Fingerprinting was done, with 2 of my fingers, it gave message
    Warning !!!!!!!! Matched (with RED color) . Rest all fingers, it displayed passed with Green color.
    Does it mean it matches with some kind of FBI database and Do I need to worry about it?

    Please help gurus. I have lost my sleep.


    is there any LUD update on ur i485


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  • xgoogle
    06-24 08:10 AM
    Posted on both sections.... no response yet... pls help. :confused:

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  • EndlessWait
    07-31 04:41 PM
    uuuhhh. I can atleast respond to the drink question! use your passport. that is valid proof of age. The law does not require everyone to have a drivers license. Driving is a privilage.......not a right. So, feel free to take your passport in as proof of age and enjoy the drinks :D

    Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).


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  • sandyn16
    11-01 12:30 AM
    I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
    I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
    I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
    Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.

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  • harivenkat
    05-06 08:54 PM
    Tech firms play quiet role in immigration-overhaul push - Politics AP - (

    WASHINGTON � The technology sector, a little-publicized but key player in the coalition that's pushing for an overhaul of immigration laws, has given mixed reviews to the proposal that Senate Democrats unveiled last week.

    Public dialogue on immigration has focused largely on a path to legalization for the estimated 11 million to 12 million illegal immigrants living in the United States, but technology companies have lobbied for years to streamline and ease the process of hiring skilled legal immigrant workers. They hope to capitalize on the momentum that surrounds immigration.

    Peter Muller is the director of government relations for Intel, one of the largest sponsors of H-1B temporary visas for skilled workers. The company was approved for 723 new H-1B visas in 2009. Muller said Intel had been hindered in hiring and keeping the most qualified people by the annual caps on H-1B visas and the sometimes decade-long delay in processing green card applications.

    "To not be able to hire the people who really drive innovation in our company is a frustration," he said.

    The number of H-1B visas issued each year is capped at 65,000, with another 20,000 reserved for foreign-born students who graduate from U.S. schools with advanced degrees in science, technology, engineering and math, programs from which companies such as Intel recruit many of their workers. In past years, the allotment often was gone within days after the application period opened in April. Last year, it took until December to hit the cap.

    Even with a slower economy reducing demand for workers, however, tech companies say they want the system overhauled.

    "Companies are still hiring, so fixing the problems and fixing the system is important," said Jessica Herrera-Flanigan, the co-executive director of Compete America, a coalition of companies that are lobbying for more high-skilled immigration. "It's an issue today for some companies, and it's going to continue to be an issue that needs to be addressed."

    For H-1B workers who want to stay in the country permanently, the wait for a green card can take years. Ashish Sharma, an Indian citizen who's working for a technology company in California, has waited for a green card for seven years. At one point, Sharma said, he considered leaving the United States because of the uncertainty of his status.

    "The long wait does bother people," he said. "I did look at what Canada was offering, where they give you a green card within three months."

    Sharma ultimately decided to stay for the sake of his two children, who were raised in the U.S., but some employers as well as workers have chosen to go abroad. Microsoft, a top sponsor of H-1B visas with 1,318 petitions approved in 2009, opened a development center in Vancouver, British Columbia, in 2007, in part to take advantage of Canada's more lenient immigration laws.

    Compete America praised some aspects of the Democratic immigration framework that Senate Majority Leader Harry Reid of Nevada and Sens. Charles Schumer of New York and Robert Menendez of New Jersey put forward last week.

    The coalition favors a provision that would offer green cards to foreign students who graduate from U.S. universities with advanced degrees in specialized fields, but it's pushing back against provisions that would limit the hiring of H-1B workers and increase government scrutiny of companies that sponsor the temporary visas.

    The language in the Democrats' framework that deals with temporary visas came largely from a bill intended to curb abuses in the H-1B system that Sens. Richard Durbin, D-Ill., and Charles Grassley, R-Iowa, introduced last year.

    Durbin said in an e-mailed statement that the H-1B program was too easily abused by employers who used it to, in effect, outsource jobs that American workers could fill.

    "Congress created the H-1B visa program so an employer could hire a foreign guest worker when a qualified American worker could not be found," he said. "However, the H-1B visa program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs."

    Tech industry representatives disagreed.

    "We are all for strong enforcement," Herrera-Flanigan said. "But the way the provisions are written, it's much more far-reaching than that, and it could have an adverse effect on companies that are not bad actors."

    The H-1B provisions came in for criticism from people who represent immigrant workers as well as from employers. Aman Kapoor, the president of Immigration Voice, a network of skilled immigrant workers, called the proposal draconian and said the restrictions could render the H-1B process essentially useless.

    Schumer's office didn't respond to requests for comment.

    Advocates in the broader immigration-overhaul coalition said support from the technology industry would be key to winning the wide political backing that was necessary to give a comprehensive bill a shot at passing.

    "I think it is important, and in part that is because tech is one of the key business sectors that will be necessary to bring the Republican votes we will need, in the Senate, especially," said Jeanne Butterfield, a senior adviser for the National Immigration Forum, a group that advocates policies that are more welcoming toward immigrants.

    Technology companies make up a substantial portion of the voices that are lobbying for federal immigration revisions. Of the 288 federal lobbyist filings that had reported lobbying on immigration issues in the first quarter of the year as of Monday, an analysis shows that about 17 percent came from companies and organizations that represent the technology and engineering sectors. Others represented fields such as medicine and education, which also are interested in skilled immigrants.

    The people who are lobbying on behalf of the tech sector said that although their issues with the immigration system were specific, they had no plans to peel off from the broader overhaul coalition to pursue a more tailored bill.

    Muller said the word from Capitol Hill had been that immigration was too contentious an issue to tackle piecemeal.


    Green cards (legal permanent resident visas):

    * Foreign students who graduate from U.S. schools with advanced degrees in science, technology, engineering or mathematics automatically would be eligible for green cards if U.S. employers offer them jobs.

    * The caps that limit the numbers of immigrants who can come from specific countries would be eliminated.

    H-1B visas (temporary work visas for foreign workers in specialized jobs):

    * Would forbid employers from giving priority to H-1B applicants and would limit the number of H-1B employees that large employers may hire.

    * Would authorize the Department of Labor to investigate applications for possible fraud and would require the department to audit companies that have large numbers of H-1B employees.


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  • pappu
    12-20 01:43 PM
    Instead i will donate the travel expenses to IV...........

    Good Luck Every one
    Pls contribute for the campaign we are running

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  • roseball
    03-08 09:21 AM
    looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.

    Since its not the beneficiary's mistake, your brother could either try to apply for a H1 through a new employer (preferred) or could try to apply for H1 again with the existing employer and then have her wife attend H4 interview again once its approved. Chances are that your brother might get the H1 approval without an attached I-94 so he will have to attend a H1 visa interview in the home country before starting work again. So they might end up attending H1/H4 interviews together.


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  • walking_dude
    08-03 03:58 PM
    Thanks pappu. Santb1975, nothing compared to your contribution to the movement. Let me stop before we start a mutual admiration society here :)

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  • ken
    04-08 03:25 PM
    Is there anyone who is in similar situation?..


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  • neeidd
    11-09 06:06 PM
    Hi ,

    I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?


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  • fatboysam
    05-17 01:05 PM

    Can you please share your experience with them?



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  • eb3_nepa
    04-29 08:35 PM
    Where did you get this info? Could you please point out a reference that says so?

    Good point, is that really against the law?

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  • dvb123
    09-13 04:06 PM
    It costs around 50k - 100k for a class action lawsuit. Pls collect the money and then think about it. U can look in the directory for Federal immigration litigation lawyers. There are a lot of them. The chance of winning is very less because green card is a benefit and not a job opportunity where you are being discriminated. If you can prove that you lost a job opportunity in United States because you do not have a green card and that job opportunity was given to another less retrogressed country immigrant, maybe you can fight in the supreme court that your civil rights have been violated but it is a long shot and would involve lot of money and 3 years minimum time frame.

    An except from DOL equal opportunity laws

    The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.

    Federal litigation also can be done without legal representation i.e. lawyer but a person must dedicate himself to 8 hrs legal work for 3-4 months which a working person cannot do.

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  • lostinbeta
    09-06 10:40 AM
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    03-08 08:48 PM

    at first glance it seems 245(i) is kicking in real hard.

    Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,

    Compare this with H1-B data and you'll see what I mean.

    Also EB-1 seems unusually high at ~37,000
    EB-1 is even higher than EB-2

    isn't that unusual?

    Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.

    It if definitely interesting to note that eb1 India has so much demand.

    01-08 03:28 PM

    My brother-in-law and sister are both Indian Doctors, having a private practice in INDIA. They would like to apply for visitor's visa.

    Any suggestion about the problems they may encounter? Do they have to go on two differrent dates for getting the visa stampped at Chennai?

    Thanks in Advance,
    The chances to get visa is 1% as they know why they come here even though you say that they come here for visiting.The documentation is same as for B2 visa.

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