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kondur_007
07-26 08:31 PM
I agree with the post above.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
I think the best option he has is to speak with the CBP officer at the port of entry and explain him the situation: that he wanted to use automatic visa revalidation and by mistake he surrendered I 94. Hopefully he will issue a new I 94 for him. But more likely he will ask him to go to the consulate and get the new stamp.
What he should NOT do is: to enter on the attached I 94 on H1 visa extension approval (the reason is technical: usually the I 94 that comes attached with change of status has the SAME number as your old I 94 attached to passport; so for practical pusposes, he has surrender both his I 94s). If he now enters with the I94 attached with H1 approval, (and as that is already cancelled when he surrendered other I 94), he will be considered present illegally. This would have much worse consequencies than to wait in Torronto and get the visa stamped.
Good Luck.
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pappu
07-26 11:39 PM
Pls do not create two threads with the same post. They have been merged now.
Pls join your state chapter and take it forward. We really need members with zeal and great ideas. Contact core if you have any questions.
Pls join your state chapter and take it forward. We really need members with zeal and great ideas. Contact core if you have any questions.
webm
06-10 02:18 PM
That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)
Anyway its a good news that they are starting it from June end.
Well i missed the boat atleast for this yr..:(
Anyway its a good news that they are starting it from June end.
Well i missed the boat atleast for this yr..:(
2011 2011 MTV Movie Awards show
vnsriv
11-04 10:38 AM
Gurus,
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.
Please let me know
Thanks and Regards
more...
Blog Feeds
07-13 12:48 PM
AILA Leadership Has Just Posted the Following:
The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (http://www.aila.org/content/default.aspx?docid=29510)
Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()
Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."
Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."
In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. http://www.reuters.com/article/politicsNews/idUSTRE5690F420090710 Reuters: U.S. Senate approves $42.9 billion homeland security bill.
Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.https://blogger.googleusercontent.com/tracker/186823568153827945-4551757837994116508?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/comprehensive-immigration-reform-battle.html)
The battle for comprehensive immigration reform is going to be tough as Senate Republicans play politics with the critical immigration issue. The Senate passed its $44.3 billion fiscal 2010 Homeland Security appropriations measure 84-6 last week after three days of debate that differentiated the bill from its House companion on a handful of border security and immigration policies. Unfortunately Senate Republicans used the opportunity to add significant new provisions to the less controversial �extender provisions� including an extension to the Special Immigrant Nonminister Religious Worker Program and the Conrad Waiver Program for Physicians Serving in Underserved Areas. The Senate also included a provision promoted by AILA member Brent Renison to allow the foreign-born widows, children and parents of citizens who have died to retain their legal status to seek citizenship for two years after the death. Senate Appropriations Bill a Mixed Bag of Immigration Provisions (http://www.aila.org/content/default.aspx?docid=29510)
Senate Republicans added a provision to their chamber�s version of the bill (Schumer: Immigration bill to be ready by Labor Day (javascript:simplePopup()
Sen. Schumer the lead Democrat expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration."
Even the Homeland Security Department spokesman Matthew Chandler said the Senate endorsement of Vitter's measure prevents real progress on immigration enforcement and is "a reflection of the old administration's strategy: all show, no substance."
In contrast, the Obama administration is trying to implement effective enforcement, he said. "We hope that the smarter strategy will prevail in the end, because the country deserves a system that works," Chandler said. http://www.reuters.com/article/politicsNews/idUSTRE5690F420090710 Reuters: U.S. Senate approves $42.9 billion homeland security bill.
Lets hope only hope the Senate and House conferees remove the fence building and E-Verify proposals that are obstacles to achieving a much needed reform of our immigration laws.https://blogger.googleusercontent.com/tracker/186823568153827945-4551757837994116508?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/07/comprehensive-immigration-reform-battle.html)
vikki76
08-20 03:23 PM
I would recommend find a new job for H1-B transfer rather than going through F-2 route.
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gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
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msadiqali
01-04 10:32 PM
My Case:
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
more...
drirshad
10-26 06:17 PM
My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
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knowDOL
05-22 05:12 PM
1. YES
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
more...
va_dude
09-24 04:20 PM
The choice is pretty clear - apply for your GC (labor).
That way atleast you are in the system and have a PD.
Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.
And maybe even the possibility of a CIR bill next year will speed things up for you.
So the way i see it, things really cannot get any worse for you. So just apply.
That way atleast you are in the system and have a PD.
Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.
And maybe even the possibility of a CIR bill next year will speed things up for you.
So the way i see it, things really cannot get any worse for you. So just apply.
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apriti
10-04 12:11 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
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gc_chahiye
09-19 07:38 PM
ronnie is right, using EAD even for a part-time job means losing your H1 status.
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amar123
02-08 10:47 PM
Delaying beyond your legal stay would obviously make you out of status and there are quite a few repercussions for it. It is still February, you still have time
Unfortunately, this forum has very few answers ,mostly questions being posed,so, I doubt you'll get any useful responses
Regards,
Amar
Unfortunately, this forum has very few answers ,mostly questions being posed,so, I doubt you'll get any useful responses
Regards,
Amar
more...
pictures At the 2011 MTV Movie Awards
dixie
06-09 01:36 PM
Hi All,
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
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Rockford
08-28 12:35 PM
hi !
we have recently finished our finger printing ... can anyone tell me what will be the next step ..
thanks
WAIT.................................Like you always do in this process.
we have recently finished our finger printing ... can anyone tell me what will be the next step ..
thanks
WAIT.................................Like you always do in this process.
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kk_kk
09-20 01:56 PM
yes. you can. Just DON'T cancel. Keep them suspended. You have your utilities also suspended in the same way for much lesser fee.
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days_go_by
09-16 12:27 PM
US did not invest in ou upbringing or education.
All those were paid by India (or other countries), we led unproductive part of our lives in India (or other countries)and contribute to US economy.
Free trained labor, in fact if you count spouse ->Buy one get one free.
All those were paid by India (or other countries), we led unproductive part of our lives in India (or other countries)and contribute to US economy.
Free trained labor, in fact if you count spouse ->Buy one get one free.
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ilikekilo
07-02 08:50 AM
if u were you get in touch with a lawyer and see ur options...i wouldnt wait anymore
mrajatish
06-25 06:46 PM
does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
jbr
03-02 04:19 PM
I think it is very worthwhile sending a petition to all judiciary committee members. It is perfect time to do so.
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