logiclife
11-16 01:44 PM
Yes, the I94 that was attached to I797 H1 approval of your current employer(the latest H1) is the I-94 that you have to give to authorities when you go out of US to India.
Some Airports, they collect that at the baggage check-in. Some airports, they collect the I-94 right outside the plane when you are boarding the plane and get your boarding pass scanned etc. But it is your responsibility to give them the correct I-94.
About the docs required for stamping, I would talk to someone in the consulate (phone them or email them, emails are usually replied within 3-4 days). Copies are good, but original previous H1s, if required, should be with you. If you dont need originals then copies would be fine. I wouldnt rely on websites alone for such important queries. Visa stamping, if gone wrong, could get your stuck for months.
Ask your previous employers for those. Now that you have left, they should give you those as they dont have any use of them anyways. If they dont, then you can get them from the lawyer's offices. If they dont either, then you can get copies from USCIS(FOIA), though I am not sure how FOIA would work and how long would that take.
Some Airports, they collect that at the baggage check-in. Some airports, they collect the I-94 right outside the plane when you are boarding the plane and get your boarding pass scanned etc. But it is your responsibility to give them the correct I-94.
About the docs required for stamping, I would talk to someone in the consulate (phone them or email them, emails are usually replied within 3-4 days). Copies are good, but original previous H1s, if required, should be with you. If you dont need originals then copies would be fine. I wouldnt rely on websites alone for such important queries. Visa stamping, if gone wrong, could get your stuck for months.
Ask your previous employers for those. Now that you have left, they should give you those as they dont have any use of them anyways. If they dont, then you can get them from the lawyer's offices. If they dont either, then you can get copies from USCIS(FOIA), though I am not sure how FOIA would work and how long would that take.
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learner
09-20 09:53 PM
Situation: approved I-140 (EB-2), getting close to 5th year of H1B.
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
questions:
1. if i change employers, can I use my priority date even though my employer has not given me a copy of the filed/approved I-140? If i can, what if the old employer cancels the i-140: can I still use the PD from the approved 140?
2. if i start a new gc process with a new company, what stage of my GC should i be in so that my h1 can be extended beyond the 6th year? should the perm be filed or should the 140 be filed before the beginning of 5th year?
3. once h1 is extended beyond the 6th year for say 3 years, can I transfer my h1 to a new employer?
thanks.
learner
rp0lol
04-13 01:29 PM
Congratulations.. Keep supporing IV in future.
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gc4arun
08-23 03:09 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
SoP
Yes, I had been provided a standard list of documents to come prepared with. Some of them included:
1. All EAD's APs's
2. I 94
3. Tax returns last 3 years
4. If I have changed employers ac21, and paystubs( in my case I did, so I took copies of Ac21 EVL and recent paystubs)
5. Passport
6. Drivers license
7. All H1b's
8. Marriage certificate
There were other items in the list, but were not relevant to my case.
My ( and my wife's) interview happened July 30th in chicago at 8 am . I was asked to take an oath, and asked for some of the above documents one by one specially 4, and 1, 6 and 8. The IO had my complete file, and asked confirmatory questions on the information that I had provided in I485 form. It was a pleasant experience, and since my dates were not current then, he asked me to wait until it becomes current. Since I had 2 I 140's attached to my ac21 eVL , I reiterated that my case has been current in the past and I am EB2 and he was initially surprised, because he had not checked that I had a second I140, and said that he will make a special notation on my case that it was Eb2 and not Eb3 as was mentioned on the comments on the first page on the file( my gosh!!that was an eye opener inspite of my having provided all the right papers, and inspite of being together in a single file that they had right in front of me, the notation on the top still considered me as Eb3). My wife, who is a dependent on my case was asked same questions one by one. It took less than 30 minutes for both of us.
So, I am keeping my fingers crossed for Sept..........and I would like to think of myself as preadjuciated:) I received a soft LUD the very next day with no status change.
hope that answers all your questions
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forgerator
05-20 10:15 PM
Here are my thoughts about this so called Conversation:
the topic of discussion will be - how to get illegals a greencard in a quick/fair manner. Any discussion of legal non-immigrants and pains they have to go through in the current EB2/EB3/Visa stamp topics will be considered taboo.
It's sad but inevitable. Illegals are potentially in a better position to get greencard than legals like us.
the topic of discussion will be - how to get illegals a greencard in a quick/fair manner. Any discussion of legal non-immigrants and pains they have to go through in the current EB2/EB3/Visa stamp topics will be considered taboo.
It's sad but inevitable. Illegals are potentially in a better position to get greencard than legals like us.
gcdreamer05
08-18 12:40 AM
Dear Attorney,
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
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pradeepd
01-23 12:12 AM
Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha
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desi3933
02-23 11:13 AM
....
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
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Wish_Good
06-30 04:07 PM
My Sincere Thanks to Mr. Ari for responding to my post.
Here Iam posting additional details about my case:
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 denied on June 26th 2008. So, First applied MTR for I-140 which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice) and now today I saw above mentioned status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B. And now Iam with Company B.
Thanks a lot in Advance.
Here Iam posting additional details about my case:
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 denied on June 26th 2008. So, First applied MTR for I-140 which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice) and now today I saw above mentioned status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B. And now Iam with Company B.
Thanks a lot in Advance.
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kaylamarie
01-28 12:12 PM
Can any one please reply... 70 views and no replies
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PD_Dec2002
06-12 07:18 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
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Shivani
02-23 12:41 PM
Thanks for your response.
I will stay in touch & keep posting if I need more clarifications in my case.
Until then, Good Luck for me...:)
You are absolutely right, I NEED it, during this time, its so hard to find new openings. :(
Shivani.
I will stay in touch & keep posting if I need more clarifications in my case.
Until then, Good Luck for me...:)
You are absolutely right, I NEED it, during this time, its so hard to find new openings. :(
Shivani.
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martinvisalaw
07-31 05:39 PM
My AP has expired in Jan 09. I am NOT planing to go out. My question is what do I have to do after I-94 date of oct 21 09 is past. Will it make me out of status?
It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.
It's complicated. You are not in any defined "status", but you are authorized to stay while you have an adjustment of Status pending. You are not authorized to work or travel, however - you need the EAD and AP for that, if you don't have H-1B or other nonimmigrant status.
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abhijitp
07-17 06:25 PM
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
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xyz_jay
11-28 07:06 AM
This is great.. but is there any qualifications 2 join or our countries must be the same or, what?
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indyanguy
06-29 03:08 PM
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
more...
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gcseeker2002
07-23 08:57 AM
He is the one who says" Oops! I made a mistake" look at his screen name.. do you expect him to be right at all? :)
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bush --> also voted yes .... please provide details
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linuxra
07-14 08:05 AM
What do u mean by Company A taking my GC i did nt get u u mean AC 21 or filing a new labor etc...
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Rajwaitingon140
11-20 06:27 PM
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Sunny is right.
The approval came after 27 days of opening the SR.
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Sunny is right.
The approval came after 27 days of opening the SR.
liberty
05-07 10:28 AM
Currently I am in EAD, i-485 filed in July 2007 (EB3 ) and Pending. I have changed job. I would like to know the latest rules. Is it necessary to file AC21 in my case? If yes, please let me know which form I should use.
RNGC
02-11 01:36 PM
Pappu,
I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.
Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.
We can allow member testimonials for the attorneys which will be very helpful...
I strongly suggest that IV introduce $20 monthly recurring contribution, I will defenitely sign up and most people will do it, I think.
Also, How about have a link in the homepage for Imigration attorneys. We can list their contact if they agree for $100 monthly recurring contribution. We have about 30 k members, so it is a good deal for them.
We can allow member testimonials for the attorneys which will be very helpful...
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