Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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GCmuddu_H1BVaddu
06-25 06:09 AM
I don't think anyone around can predict. Post the outcome after your cruise trip.
BTW, if I were you in J-1 situation I will stay at USA instead of the ship @Victoria. (I am not sarcastic, that is what I do).
I�m J1 visa holder and I�m planning on a vacation for Alaska cruise
during my grace period.
Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?
BTW, if I were you in J-1 situation I will stay at USA instead of the ship @Victoria. (I am not sarcastic, that is what I do).
I�m J1 visa holder and I�m planning on a vacation for Alaska cruise
during my grace period.
Here�s my trouble. I know J1 visa holder can�t go outside from USA during the grace period. But Alaska is also one of states of USA.
I also know that cruise visit to Victoria in Canada. But I will stay at my ship instead visiting Victoria. Is it ok to go legally? I mean �. can I go back to USA after Alaska cruise without any problems?
Marphad
01-08 02:52 PM
my pd IS Dec 2005 EB2, it is a 485 Interview
ROW?
ROW?
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docusmle
08-15 10:07 AM
Thank you .
Have you ever came across someone in same situation and got rejected?
Thanks again
Have you ever came across someone in same situation and got rejected?
Thanks again
more...
VenuK
06-16 05:55 PM
H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
battineni
06-09 10:46 AM
Really good work by IV team
more...
AllIzzWell
03-08 11:19 AM
Gurus,
I will be travelling to India and the airlines is AirIndia via Frankfurt. FYI, my US visa expired in 2007 have valid I797 (until Oct 1st, 2010). Do i need to obtain a visa to travel via franfurt. AirIndia flight stops for couple of hours in Frankfurt to re-fuel.
Also as you can see my I797 is valid for six more months (company will apply for renewal) but will it be safe to visit India and get stamped for Six months valid document (I797).
My wife is on H4, is only she travels will it be ok from visa stamping standpoint. If there is risk, i will not travel but she has to due to family emergency.
Any input/advise is appreciated.
Thanks
I will be travelling to India and the airlines is AirIndia via Frankfurt. FYI, my US visa expired in 2007 have valid I797 (until Oct 1st, 2010). Do i need to obtain a visa to travel via franfurt. AirIndia flight stops for couple of hours in Frankfurt to re-fuel.
Also as you can see my I797 is valid for six more months (company will apply for renewal) but will it be safe to visit India and get stamped for Six months valid document (I797).
My wife is on H4, is only she travels will it be ok from visa stamping standpoint. If there is risk, i will not travel but she has to due to family emergency.
Any input/advise is appreciated.
Thanks
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chanduv23
03-31 06:58 PM
It will be great of someone can record and post it on youtube.
more...
Blog Feeds
01-20 08:10 AM
I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
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pd052009
10-26 11:18 AM
I have recently renewed my passport in Washington, DC. As I stay far away from DC, I get it renewed by post. It took exactly 40 working days to get the new passport. I remember, you have to select a date while filing the application form. So, dont wait... apply asap.
Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?
Any other points/instructions that you think are important please let me know.
Thanks in advance for your help. :)
Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?
Any other points/instructions that you think are important please let me know.
Thanks in advance for your help. :)
more...
haisylu
06-16 04:10 PM
I'm going to get married to a Divorcee and she has a son. Is there any issue in bringing her son as my dependent. Currently I'm on L1B. If so, what is the procedure.
Thanks for your advise.
Regards,
Sylace
Thanks for your advise.
Regards,
Sylace
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senk1s
06-04 01:43 AM
I dont know - but call uscis and ask - also you may take an infopass appointment and find out what to do in such cases
If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)
If they say surely it'll be rejected/ returned - just do another application (so that you can make max use of 120 days)
more...
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makemygc
06-19 12:37 PM
Title of your thread scared the hell outta me. I thought this month's VISA bulletin was a "mistake" and they put the dates back to 2003... :( what a nightmare....
I thought exactly the same...you people.:D
I thought exactly the same...you people.:D
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pd052009
11-15 11:04 AM
It is not a problem with EAD. I am on H1B. I have already received 2 temp. driving certificates. I am expecting one more temp. certificate before getting the original plastic card. The DMV officials told me that there are lot of immigrant people from India, China and Mexico. So the under-staffed dept requries more time to validate.
more...
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posmd
04-02 12:48 PM
The question is when.
Before or after the fall elections.
The current thinking is somehting will pass in the senate. Most likely with some sort of temporary worker status for the illegals.
If it offers a path to citizenship for the illegals then it will die in congress, if not then it stands a chance in conference.
If there is deadlock then this issue will be pushed to until after the elections.
That's my take on things.
Did you guys see Sen Frist on CNN wolf Blitzer show? Likewise that was the view of Sen Grassley.
Sad for us we are stuck in this politics.
Before or after the fall elections.
The current thinking is somehting will pass in the senate. Most likely with some sort of temporary worker status for the illegals.
If it offers a path to citizenship for the illegals then it will die in congress, if not then it stands a chance in conference.
If there is deadlock then this issue will be pushed to until after the elections.
That's my take on things.
Did you guys see Sen Frist on CNN wolf Blitzer show? Likewise that was the view of Sen Grassley.
Sad for us we are stuck in this politics.
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go_guy123
02-15 08:29 PM
as well as I see a separate bill for foreign nurses is coming up for discussion, we I feel we should talk to our lawmakers to bail us out of the EB-3/EB-2 India/china mess
The employer lobby is always desperate for a Nurse Green Card just because they cant be hired on H1B. Sometimes I wonder perhaps things would have been better if H1B had not been there for IT folks...then the employer lobby would have genuinely lobbied for
GC reform.
The employer lobby is always desperate for a Nurse Green Card just because they cant be hired on H1B. Sometimes I wonder perhaps things would have been better if H1B had not been there for IT folks...then the employer lobby would have genuinely lobbied for
GC reform.
more...
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satyasaich
05-20 02:34 PM
When i heard that little girls question (recorded version in NPR news this morning) and michelle's response of "well, i guess your mom should have 'proper' documents" sounds very interesting. Does she imply that she is not happy to face that question or does she say in a subtle manner that illegals should not be here ?
One more thing to note is that in Maryland, schools "do not" check legal status of children's parents during school admissions.but isn't that atleast an utility bill or rental contract is required as proof of residence? then in that case, how the systems are working here ?
On the other hand, one of my close friend ( 11th year in this country with H1B extension in pending) can not get a driver license despite the fact he is a tax payer, his status is absolutely legal, bought a home few years back, working for a real company, but just can not get his driver's license in Missouri.
What a shame?
In an extraordinary exchange at an event that is usually just a photo op, First Lady Michelle Obama fielded a question from a second grader that really reminds us of the fact that the millions of people in the US working without status today are real people with real families. While the antis choose to dehumanize these folks by portraying them as criminals and parasites, this little girl reminds us that we're talking about people who are faced with terrible choices in life - living in utter poverty in an unstable homeland or living in the shadows in a wealthy...
More... (http://blogs.ilw.com/gregsiskind/2010/05/but-my-mom-has-no-papers.html)[/U][/U]
One more thing to note is that in Maryland, schools "do not" check legal status of children's parents during school admissions.but isn't that atleast an utility bill or rental contract is required as proof of residence? then in that case, how the systems are working here ?
On the other hand, one of my close friend ( 11th year in this country with H1B extension in pending) can not get a driver license despite the fact he is a tax payer, his status is absolutely legal, bought a home few years back, working for a real company, but just can not get his driver's license in Missouri.
What a shame?
In an extraordinary exchange at an event that is usually just a photo op, First Lady Michelle Obama fielded a question from a second grader that really reminds us of the fact that the millions of people in the US working without status today are real people with real families. While the antis choose to dehumanize these folks by portraying them as criminals and parasites, this little girl reminds us that we're talking about people who are faced with terrible choices in life - living in utter poverty in an unstable homeland or living in the shadows in a wealthy...
More... (http://blogs.ilw.com/gregsiskind/2010/05/but-my-mom-has-no-papers.html)[/U][/U]
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doomdoom
08-24 11:46 PM
Thanks,
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hiharsh
08-03 12:41 PM
Hi ,
I was convicted of petty larceny in NY. I was convicted of disorderly conduct PENEL CODE 240.20 on 05/25/2006 in NEW YORK . The actual arraignment charges applied were 155.25.165.40.
I performed 6 days of community service. Paid some $75. After a 1 year (5-26-2007) the charges were expunged. I have disposition letter from the NY court.
When I applied for my green card in July 2006 , in the I-485 / green card file I revealed that I was charged, convicted and arrested and my charges were expunged. I got my green card in August 2007 on the bases of VAWA (Violence against women act).
Now, I have been living in Maryland for the last 3 years.(Since September 2007)
I have applied for neutralization.
I am scared that I shall not be deported or citizenship should not be denied because of my conviction which is disposed almost 4 years old.
I have no charges against me after that incident.
I am filing my tax returns every year.
Do you think I can still be denied the citizenship? Or I can be deported ?
I would appreciate your response.
Regards
I was convicted of petty larceny in NY. I was convicted of disorderly conduct PENEL CODE 240.20 on 05/25/2006 in NEW YORK . The actual arraignment charges applied were 155.25.165.40.
I performed 6 days of community service. Paid some $75. After a 1 year (5-26-2007) the charges were expunged. I have disposition letter from the NY court.
When I applied for my green card in July 2006 , in the I-485 / green card file I revealed that I was charged, convicted and arrested and my charges were expunged. I got my green card in August 2007 on the bases of VAWA (Violence against women act).
Now, I have been living in Maryland for the last 3 years.(Since September 2007)
I have applied for neutralization.
I am scared that I shall not be deported or citizenship should not be denied because of my conviction which is disposed almost 4 years old.
I have no charges against me after that incident.
I am filing my tax returns every year.
Do you think I can still be denied the citizenship? Or I can be deported ?
I would appreciate your response.
Regards
texcan
02-04 04:28 PM
Does anyone know if you need a visa to visit the Grand Turk island? I am on an H1B in the US and taking a cruise to the Bahamas and T&C in April. The
ship stops over at Grand Turk for 6 hours.
Not sure about specific places, but in general problems are when you are coming back to US.
If you have stamped and valid h1b for returning back to US, you should be fine.
I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska
HTH
ship stops over at Grand Turk for 6 hours.
Not sure about specific places, but in general problems are when you are coming back to US.
If you have stamped and valid h1b for returning back to US, you should be fine.
I have not had any issue or heard of any issues while visiting mexico, hawaii or alaska
HTH
Munna Bhai
02-07 03:17 PM
I have valid H1B visa in my passport.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
Call airlines and British embassy and they should tell you the updated rule.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
Call airlines and British embassy and they should tell you the updated rule.
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