Wednesday, June 8, 2011

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  • ChainReaction
    04-24 08:51 AM
    I just got my wife's h4 approval letter today but the I-94 does not have any validity period on it, its blank?? Moreover, We received two more i539 approval notices sames as my wifes without any validity period under my wife's name (Applicant)... beneficiary were for two kids age 9,11 totally different last names/Nationality :confused: Are the CSC processing people smoking something:eek:

    I will call them tomorrow, I was wondering if anyone else also had this experience, do we have to travel outside the country to get I-94 stamped? my H1B approval has not arrived yet but the status online says approved. Our old I-94 on the passport have already expired, will that be a problem?


    I just called the service center 800 number, the lady told me that if i feel it is CSC mistake i should make an infopass appointment else file I102. I would like to know if i have to travel back to my home country to get the I-94 stamped with the validity period on it or is it just a mistake on CSC part? ANY ONE in similar situation please help.





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  • sunshine2007
    08-27 04:55 PM
    this is a EB3 case and i'm the primary applicant not my spouse





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  • Ann Ruben
    01-12 08:58 PM
    Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.





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  • sledge_hammer
    04-05 07:42 PM
    Does anyone have recommendation for a tax consultant in northern VA?



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  • GC08
    11-04 10:43 AM
    This is weird. I thought a lot of people have got EAD but did not get AP. Of course some people have got both. Can anyone shed some light on how they approve AP? In what order? I believe quite some people have travel plan during the coming months.





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  • shantanup
    01-15 10:48 AM
    My friend's father-in-law, a retired Indian army personnel, was able to obtain a visitor's visa to US and he did come and stayed with him for about 3-4 months. So, in short, retired Indian army personnel can get a visitor's visa and travel to US without any trouble.



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  • starving_dog
    07-13 01:37 PM
    Your bank statement should back-up the deposit values for the five different pay periods. The pay-stubs will fly because the pay period encompasses the time span required.





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  • javadeveloper
    06-22 08:45 AM
    Hello,

    I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.

    Thank you

    Tell the truth.AC21 is not mandatory.



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  • eswaraprasad73
    02-12 12:49 PM
    My friend's I-140 was field in Oct. It was filed at VT, but finally got transferred to TX. I-140 got approved in just 10 business days.
    This is a surprise for us.





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  • msyedy
    12-29 05:55 PM
    After 6 months of EAD a person can change jobs, but his hiring company should give him the same title in which his application for a GC is filed.
    (Same title and should be able to show that the company can pay him the pw)

    So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.

    Please consult your lawyer.....

    always seek legal advice.



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  • aranya
    07-03 06:30 PM
    So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..

    You can move to a new employer and start EB-2 (PERM based LC, I-140 etc.) with them. You can still retain the old PD because your I-140 has been approved.





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  • bestia
    07-16 10:52 PM
    I believe USCIS has a confidentiality agreement with their employees and you donot want him to lose his job.

    -C.

    He will not lose his job. He will be criminally prosecuted.



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  • simple1
    10-07 03:36 PM
    Enlighten us about your mutiple company stint in L1B visa.

    My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india

    Hi,

    I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.

    Is there any way that i can take legal action against this company in US because from last one week
    they are harrassing my like anything.

    Please let me know if anyone come across in this situation.





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  • never_giveup
    11-05 02:26 PM
    I find it difficult to digest that parents ship their infant children to someone else to raise.
    Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
    A debate on this is probably not warranted, as its subjective to every individual's situation.

    And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.



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  • radhay
    08-05 11:50 AM
    Hi, I wouldn't bank on what officer says as it is not binding. You need valid AP to enter US and there should be no confusion about it.

    You should take Employment verification letter and latest stubs although it is not 'required'. I believe your July 20th paystub should be sufficient but if you have access to your latest electronic paystubs(ADP website) it is not a bad idea to print them out. Otherwise don 't bother.


    Hi

    I read in one the post here at Immigrationvoice.com

    a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
    But I am not sure whether it is true or not alway check with Attorny for the same.

    On other post, is it required to have paystubs while travelling?

    I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?

    Thanks,





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  • Bhadwaj
    07-15 05:26 PM
    Hello,

    Here is my situation.

    a) My I-485 is pending since Aug 2007. I am the beneficiary and my spouse is the primary.
    b) The I-94 on my passport states its validity upto Aug 22, 2010. This was stamped using my earlier H1B which was valid upto Aug 2010.
    c) I quit my H1B job on Nov 2008 and took another job using EAD. I think this may have invalidated my underlying H1B
    d) I didn�t apply for any extension of stay or change of status (COS) back in Oct 2008, becuase my I-485 was pending.
    e) I have not travelled outside of the country since my last arrival.. (pls see #b)

    Recently I came across a memo from USCIS wherein it tries to differentiate betweeen UNLAWFUL STATUS and ACCRUAL of UNLAWFUL PRESENCE. The memo is "Consolidation of Guidance concerning unlawful presence for purposes of sections 212(a)(9)(B)(i) and 212(a)(9)(C)(i)(I) of the act".. and the example on page 9 states this.

    "An alien is admitted as a non immigrant, with a form I-94 that expires on Jan 1, 2009. On Oct 5, 2008, he properly files for an application for adjustment of status. He does not, however, file any application to extend his non immigration stay, which expires on Jan 1, 2009. The AOS application is still pending on Jan 2, 2009. On Jan 2, 2009, he becomes subject to removal as a deportable alien under section 237(a)(1)(c) of the act because he has remained after the expiration of his nonimmigrant admission. For purposes of future admissibility, however, the pending adjustment application protects him from the accrual of unlawful PRESENCE

    This example got me worried a lot. I am sure most of us always thought that since we have a EAD, we can leave H1 and get another job on EAD while I-485 is pending. I for sure wasn't aware that we are expected to file something to get an extension of stay or change of status.

    Now, my questions to our experts are
    1. Since I am within my I-94 expiry date., am I in lawful status?
    2. Since my H1B (which was used for my I-94) may have been revoked, does it mean that I-94 which I have on my passport is invalidated?
    3. I know I am not accruing unlawful presence because of AOS Pending.. but what about status?
    4. What should I do now to correct ...? my I-94 expires in another month.

    Please help!



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  • indyanguy
    11-06 12:39 PM
    Sorry if a related question is posted elsewhere. I searched and didn't find any thread that answers my question.

    Any help is appreciated..

    Thanks!





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  • amitjoey
    07-17 05:55 PM
    The only big way to show appreciation and thanks is to make sure, that each one of us continues to participate in each and every action item.
    Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.





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  • jhaalaa
    03-28 12:31 AM
    1. If you go to the DMV please ensure you carry the complete papers. The folks are good but would not approve just on the basis of a receipt notice or letter from the attorney or employer..... You need a presently valid visa(H1/H4/whatever is your present status) approval notice.
    2. The DL would be granted only upto the last date of the visa approval period.
    3. OK Folks are very nice and cooperative. (NJ folks were not bad either but OKies are nicer ;-)

    Stating above based upon personal experience as I had to stay at home for 10 days because the H1 renewal did not arrive on time.





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    07-07 02:17 PM
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    smartboy75
    07-09 04:43 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.
    Why r u doing an h1 transfer ??? why can't u invoke AC21.....??



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