izolo
06-07 06:10 AM
more questions:
1- if I apply for extension before the I-96 expiry date and it will get deny after the 180 days of my I-94 expiry and before the 240 days, can I stay to file a new petition which will be on the next April? will I be out of status?
2- during this time ( after applying and before getting the result) can I apply for H1-B transfer?
3- Do I have to go back to my home country if it is approved to get the new I-94?
6- Does anybody know where should I ask for duplication as I dont have the originals?
7- can I apply for GC instead of extension with the same employer? will this help?
I just need one year to be there legally, then my husband who is a dentist can pass the exams and apply for F1,Please help me, any suggestion?
1- if I apply for extension before the I-96 expiry date and it will get deny after the 180 days of my I-94 expiry and before the 240 days, can I stay to file a new petition which will be on the next April? will I be out of status?
2- during this time ( after applying and before getting the result) can I apply for H1-B transfer?
3- Do I have to go back to my home country if it is approved to get the new I-94?
6- Does anybody know where should I ask for duplication as I dont have the originals?
7- can I apply for GC instead of extension with the same employer? will this help?
I just need one year to be there legally, then my husband who is a dentist can pass the exams and apply for F1,Please help me, any suggestion?
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punjabi
01-07 10:11 AM
I don't know about Texas, but we live in CA and my wife (dependent on I-485) claimed unemployment benefits for about 3 months last year. We got a notice from EDD (Employment Development Dept) to send them a copy of EAD (for Alien Number) so they can let USCIS know that she has claimed unemployment benefits and if she is eligible in terms of immigration status.
A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.
(We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)
Hope it helps.
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.
(We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)
Hope it helps.
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
funny
08-13 04:10 PM
^bump^
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kanakabyraju
07-10 11:34 AM
Hello,
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
EAD Can not be a valid document to stay.
One of the clients is not considering EAD as a valid document to enter their facilities. Funny thing is their security team are ok if you have valid visa and I94 but not EAD.
I think this is more of ignorance about EAD.
Can some provide doucumentation which says discrimination of EAD is violation of Law? or some thing that says EAD is a valid document to work adn stay in the country.
EAD Can not be a valid document to stay.
more...
gcformeornot
09-25 07:50 PM
1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
your guess is as good as mine
4. When will the employee know about the revocation in general (how many days)?
---after you receive RFE? or you can check online status.
5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
once revoked its gone
I would really appreciate for your valuable suggetions and answers.
Regards and thanks for your help...
bobby
04-19 01:15 PM
Yes, I can file for adj. of status 5/1
PD 5/03 ROW EB3
PD 5/03 ROW EB3
more...
saint_2010
07-11 04:56 PM
I have submitted all the documents that are in the instructions documents. Some folks said the docs are not required for renewal, but it was too late.
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hxu191
02-11 10:04 AM
Yes, you can Travel as long as the H1 Visa Stamping in Un-Expired,
My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.
Hi Jerrome, my situation is similar to yours, changed employer, but I have no new I-94 on my new I-797. I don't understand why no freash I-94 for me. In this case, do you see any problem to re-enter the US with previous H1-b visa stamp (un-expired) and new I-797?
Thanks.
My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.
Hi Jerrome, my situation is similar to yours, changed employer, but I have no new I-94 on my new I-797. I don't understand why no freash I-94 for me. In this case, do you see any problem to re-enter the US with previous H1-b visa stamp (un-expired) and new I-797?
Thanks.
more...
raysaikat
12-19 08:16 PM
Thank you for replying.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?
You are probably reading the notation wrong - it is probably "and/or status".
In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.
The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.
So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).
If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.
In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.
To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.
So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).
You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).
Your case is complex enough that you must seek advice from an immigration attorney before making any decision.
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apoojo
08-23 11:09 PM
I had a quick question to add to this....
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
If one is on F1 and his/her spouse (who is on H1B and has filed for a Green Card) ends up with a current priority date, can the person on F1 file for the Green Card along with the spouse? Or does one have to be on H4 to ride along with the H1's COS?
Appreciate your response.
more...
pappu
01-09 11:56 AM
Come on fellas, I need your input.
Could you update your profile please. Your profile says you are from Afghanistan and other details are missing.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Good you posted this thread. Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Could you update your profile please. Your profile says you are from Afghanistan and other details are missing.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Good you posted this thread. Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
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malibuguy007
10-02 02:55 PM
Thanks for the support Chintu
more...
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senthil
02-12 11:03 AM
ive seen a minimum of a month to six months max as an average. but it could still vary as said by others and also depends if you get any RFE etc. thanks
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gauravsh
02-26 01:54 PM
Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.
... so whats your confusion?
No confusion now!! thanks.
... so whats your confusion?
No confusion now!! thanks.
more...
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Yeldarb
10-28 11:02 PM
dreeft, you could set it up as subcontracting work out though, all the work being funneled through one person and then subcontracted to other members of the "group"
Then it wouldn't be a business and hence would be a "group" of freelancers :P
I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
Then it wouldn't be a business and hence would be a "group" of freelancers :P
I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
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Sandeep
01-23 09:14 AM
DO we guys have a plan, a project ?
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
-First of all I am happy to note that you said WE guys not YOU guys.
-Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
-The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
-The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
-Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
If you want me to call and explain this, send me a PM with your phone number.
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
-First of all I am happy to note that you said WE guys not YOU guys.
-Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
-The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
-The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
-Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
If you want me to call and explain this, send me a PM with your phone number.
more...
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ganesha
08-04 03:26 PM
Someone gave me red for this post...i dont understant why???
That somebody wants to shatter our hopes and have us live in despair:mad:
That somebody wants to shatter our hopes and have us live in despair:mad:
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abandookwala63
03-19 01:16 PM
I am working for company A for the past 8 years. they are closing down. I have got EAD and another job offer in the same category. My lawyer told me to transfer the H1 on the new employee. I told him about 6 years cap.(In case something goes wrong with my AOS i cannot stay as my 6 years on H1 are over). He told me that still i can have my 1 year extensions, does not matter even my 6 years are over. On IV people are discussing that once your 6 years cap is over and AOS is denied you cannot get extensions. Can somebody please clear up my situation. Thanks
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ajm
05-04 08:18 PM
My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
http://immigrationvoice.org/forum/showthread.php?t=600
The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.
http://immigrationvoice.org/forum/showthread.php?t=600
The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.
rsayed
02-19 10:30 PM
...don't know the answer to your other questions - but, as far as -
"how far are we from either Bill getting passed?" - Your guess is as good as IV's, my friend.
Welcome to the real world - where your GC is processed by the time you're on a rocking chair, with a walking stick in your hand...kinda like the TOI commercial where an old man gets selected for the National Cricket Team.
"how far are we from either Bill getting passed?" - Your guess is as good as IV's, my friend.
Welcome to the real world - where your GC is processed by the time you're on a rocking chair, with a walking stick in your hand...kinda like the TOI commercial where an old man gets selected for the National Cricket Team.
pappu
08-01 10:16 AM
KXAN reporter Matt Flener requested the following:
I’m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they’ll do it for really cheap, yet screw everything up. Do you know what I’m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
Thanks for getting IV a media lead.
pls send all contact info to info at immigrationvoice.org
I’m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they’ll do it for really cheap, yet screw everything up. Do you know what I’m talking about?
Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.
Sincerely,
Matt Flener
Reporter
KXAN Austin News
Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.
Thanks for getting IV a media lead.
pls send all contact info to info at immigrationvoice.org
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