go_guy123
02-02 11:13 AM
dude, I believe the above proposed law is tailored beautifully for illegal immigrants. It mentions about continuous presence but no word on 'legal' continuous presence! Also seems like the 'criminal offense' in US doesnt take into account the very first one, the act of entering illegally!
No way this amnesty would pass. This will end up in the ash heap of unpassed bills.
No way this amnesty would pass. This will end up in the ash heap of unpassed bills.
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sparky_jones
10-10 04:14 PM
No...if your current EAD expires and the new one hasn't arrived, you must stop working. it does not matter if you've applied for renewal and its pending. EAD does not work like H1B extension, where a 240 day period of automatic eligibility to continue working is available upon filing extension.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
snathan
03-27 12:49 AM
Hello,
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
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snathan
05-11 06:10 PM
Hi,
I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.
I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.
So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.
Also, most importantly, how much time does it take for the 221g processing.
I would really appreciate if someone could share their knowledge.
Thanks
Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.
I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.
I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.
So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.
Also, most importantly, how much time does it take for the 221g processing.
I would really appreciate if someone could share their knowledge.
Thanks
Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.
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fall2004us
09-14 03:50 PM
listening.......
great job IV....
great job IV....
div_bell_2003
01-06 01:55 PM
Interesting read since my lawyer had informed me specifically that the CBP officer at POE is not supposed to lift one copy of advanced parole, he's supposed to stamp it and hand it back over to me and make a copy for his own records. They have also told me that if a CBP officer looks to lift a copy, we should politely ask him/her if there is any specific reason he needs an original and can't make a copy.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
On the same note, if every time they lift a copy, then how can one make more than say 2 trips on one AP ? I have seen lots of people using AP for business travel and they do make more trips.
You need both copies of the AP. The IO will keep one copy and stamp the other one and return it. When I got back to the USA in December 2008, my POE was Miami. My lawyer had told me to take both copies of the AP with me.
When I was in the Secondary room, there was another person who had only one copy of the AP. The IO asked him for the other copy. The dude told the IO that he had only one copy and the lawyer had told him that one copy is enough (you could see that he was nervous). The IO sarcastically told him to change his lawyer. The dude then said that he was not planning on traveling anytime before the expiry of the AP and said that the IO could keep the copy he had submitted. The IO again wryly told him that things don't work that way. He told the dude to take a seat and he wold see what he could do (the IO was actually polite all the time to this dude - even thought he sounded sarcastic at times - especially when he said "I would not waste any more money on this lawyer"). To make a long story short, I saw him get his stamped AP back and we left the room at around the same time).
My advise to you is - take both the copies - you will not regret it.
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jsb
11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
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speddi
10-05 01:28 PM
What does your online status say?
It says Current Status: Case received and pending.
It says Current Status: Case received and pending.
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seeking_GC
07-28 07:33 PM
This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?
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uma001
05-24 09:10 AM
I am also on same boat. My employer is doing initial process for filing labour. I am not sure he knows about this merit based points system. Do you want me to tell him to wait because of this new law in process or continue filing for PERM.My employer is american company.
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heywhat
08-03 06:47 PM
Talk to attorney. This really sucks, employer does all BS and employee goes thru all tension and sleepless nights...
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tharu
06-28 11:36 PM
My H1 expires by August and my employer has filed for an extension. I have my EAD and approved I-140. I just wanted to maintain H1 status and asked the employer to file for extension. Given the processing time at this moment it would take about 3 months for the process. My question is: Can I travel outside US while the extension petition is pending and if my extension gets approved; can I get this stamped and use this to reenter US?
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waitin_toolong
07-30 01:31 PM
Congratulations,
dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)
To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.
Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.
dependent getting the approval before primary happens, and the good news about that is that you will be approved as well. Sometimes the people who are supposed to update the system and issue notices dont get to all the applications at one time. or maybe they forget to commit the transaction :)
To those wondering about how he was able to file should browse through archives of bulletins to note that his PD was current at a particular time. and current in July hence approval.
Lets not get upset over the good luck of others. Sometimes it is so hard to be happy for others when our own conditions seem a little gloomy.
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jprangi
08-04 11:28 PM
I know lot of people are waiting. But just want to tell you all the INS is moving forward may be slow. I just received my receipt notices today. My application reached INS on July second at 11:25 am. My checks have also been cashed.
Cheer up guys and keep you fingers crossed.
-Rangi
Cheer up guys and keep you fingers crossed.
-Rangi
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hoolahoous
09-15 06:23 PM
How about making it standard format. That will make it easy for admins/reporters to sum it up. For e.g. millions of dollars per year paid as taxes by people stuck in GC queue will make a good impact. And so would the average amount of years a person has to wait to get GC. So format could be
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
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pappusheth
05-02 11:51 AM
based on what bbct said, they'll give me i-94 with expiry in Aug 2009 which is my visa expiry date (I don't have AP). just curious.. how does the i-94 expiry date matter? what significance does that date have?
Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?
Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.
pappusheth
Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?
Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.
pappusheth
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kumar07
09-12 12:05 PM
Hi Friends,
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
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i99
09-26 01:09 PM
Almost all threads I see indicate that NSC is behind far more than others.
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gcnotfiledyet
07-15 09:26 PM
I have my original I94 from when I entered on F-1. And now I have the I-94 attached to my H-1B. Which one do I hand in?
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
Almond
08-14 12:10 PM
^^^^ sounds like good news, I'm happy for you:)
snathan
02-15 01:54 AM
i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
Didnt you read the paper before sign the paper. Also dont you have the copy of that
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
Didnt you read the paper before sign the paper. Also dont you have the copy of that
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