BharatPremi
07-27 12:40 PM
Hi,
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
tkasi,
I-94 is not associated with particular employer. Your I-94 only get changed when you travel out and come back again. Even with extesnion application , no matter through which employer, your I-94 number does not get changed if you have not travelled out of USA during the period. In any way you should mention your latest I-94 number what you have and provide teh copy along with 485 application.
Note: Please seek legal advise from authorized lawyer foryour immigration
need. This is just merely my opinion.
- BharatPremi
My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".
My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.
Regards
Kasi
tkasi,
I-94 is not associated with particular employer. Your I-94 only get changed when you travel out and come back again. Even with extesnion application , no matter through which employer, your I-94 number does not get changed if you have not travelled out of USA during the period. In any way you should mention your latest I-94 number what you have and provide teh copy along with 485 application.
Note: Please seek legal advise from authorized lawyer foryour immigration
need. This is just merely my opinion.
- BharatPremi
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jonty_11
02-09 12:45 PM
Yes we have to keep focused and not give up this fight. With so much taxes and spending we have pumped into the economy, dont u guys think u deserve better.
vikki76
06-17 03:40 PM
Thanks a lot for informative reply. Good to know that you are not the only one battling choices in this GC maze
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desi3933
06-25 02:07 PM
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
1. What was your original I-94 date before H-1B amendment was filed by Company A?
2. What was amendment for?
3. Why H-1B amendment was denied?
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
1. What was your original I-94 date before H-1B amendment was filed by Company A?
2. What was amendment for?
3. Why H-1B amendment was denied?
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
gusmig
04-26 11:19 AM
Dear Sabeesh,
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
Although I'm not a lawyer, I will respond based on my knowledge and my own case.
1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.
2) You will only be able to enter the US with the latest visa stamped on your passport.
3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.
Regards.
mymyanmar@gmail.com
08-11 11:39 PM
I got the document at my new address mentioned in my quoted post below. It turns out to be FP notice. But the weird thing is they said they will contact me when appointment is available and it'll take 4 months.
Does anyone know why is that?
Thanks,
ROW Guy
Hi,
I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.
And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.
So my questions are
1) Can my 485 case be approved without FP?
2) Is infopass the only way to find out my address change is updated in their system?
Any reply is highly appreciated.
My info
EB3 ROW - PD 2005, Mar
485 filed on Jul 5, 2007.
Thanks in advance,
ROW Guy
Does anyone know why is that?
Thanks,
ROW Guy
Hi,
I am not sure this is the right thread to post my question. I recently moved to new address and as soon as I moved, I did change address using AR-11 online through USCIS website. And I did received the change address confirmation from USCIS. But in that confirmation, it's only mentioned about my wife's case status number and I didn't see any for mine.
And Aug 4, when i checked my case status online, it's said, "Document mailed to applicant". So just now I called to UCSIS customer service to find out my change of address has been updated in their system because I am afraid they might send that "document" to my old address. The CSR from USCIS told me on the phone that he cannot check my address(cos it's personal information) and the only thing I can find out is take infopass appointment. He also told me my case has been approved. I don't believe what he said was true cos I haven't done any FP yet. I did got EAD and AP approvals for both me and my wife since 2007, Sep.
So my questions are
1) Can my 485 case be approved without FP?
2) Is infopass the only way to find out my address change is updated in their system?
Any reply is highly appreciated.
My info
EB3 ROW - PD 2005, Mar
485 filed on Jul 5, 2007.
Thanks in advance,
ROW Guy
more...
frostrated
09-23 01:28 PM
tell them she is in legal status, like that of a H4. also, you might say that she is not going to study as a full time student and therefore does not need a student visa. how many courses she takes up after getting admission is totally different.
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lazycis
02-08 09:23 PM
Thanks all of you for your responses.
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
USCIS
Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765
mail it by priority mail with delivery confirmation
But I'm still not clear about one thing... which center I should file EAD application with?
I'm in California, My I-140 was approved by Texas service center.
I-485 was filed with Nebraska but transfered to texas service center.
Now my I-485 is pending with Texas service center.
Thanks again...
USCIS
Nebraska Service Center
P.O. Box 87765
Lincoln, NE 68501-7765
mail it by priority mail with delivery confirmation
more...
X-Wing
05-16 11:28 AM
Bindas,
I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).
Keep us posted on your renewal experience!
Thanks,
I believe one can send all applications in one packet, but be sure to include separate copies of supporting documents for each application with each sub-packet (per app). If paying by check, send separate checks (although I seem to recall you saying you'd paid by credit card).
Keep us posted on your renewal experience!
Thanks,
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Ann Ruben
04-17 02:21 PM
Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
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pcs
05-16 02:52 PM
I wrote a strong but polite letter with a special request on the very top of the letter for his staff ...." Office staff, for GOD's sake please read this letter & DO not send a generic reply"
I got a call back from their office in no time & she said... please let me know what you want us to do to solve your problem.
This was in Ohio
I will suggest you to call the Congressman instead of Senator as they are more focussed. Send a letter & even better just drive up & meet them. You will not be able to meet the Congressman but the office staff will take care of your problem
all the best
I got a call back from their office in no time & she said... please let me know what you want us to do to solve your problem.
This was in Ohio
I will suggest you to call the Congressman instead of Senator as they are more focussed. Send a letter & even better just drive up & meet them. You will not be able to meet the Congressman but the office staff will take care of your problem
all the best
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ilikekilo
08-01 05:51 PM
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
do you know where ot send EAD application? do we need 485 RN? do we send EAD app to the same center we sent 485 to?
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
do you know where ot send EAD application? do we need 485 RN? do we send EAD app to the same center we sent 485 to?
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bestia
07-20 02:37 AM
I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
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mattresscoil
10-18 08:48 AM
My 485 interview (employment based) has been scheduled in San Jose, CA for Oct,29th.
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.
2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.
3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.
4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.
Good luck and let the group know what happens.
Thanks, Mattresscoil!!
Interview letter says bring following documents:
All Passports, all documents that submitted during 485, current employment letter, W2s , marriage certificate, insurance policies, rental agreements etc�.
I have few questions on this:
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go
separate or can we go at the same time?
2. Do I need to carry employer tax returns also?
3. Do I need to carry affidavit of support for my wife?
4. Are there any documents that I need to carry apart from mentioned in the above list?
Also if you have attended interview in San Jose field office, please share your experience.
Thanks.
1.My wife interview is at 7:45AM and mine is 8:15AM. Does it mean we have to go separate or can we go at the same time? - Most likely the officer will call you together.
2. Do I need to carry employer tax returns also? - No, just carry the letter of continued employment from your employer stating your income and that you work full time 40 hors a week form them.
3. Do I need to carry affidavit of support for my wife? - Not require but carry notarized cope if you really want to.
4. Are there any documents that I need to carry apart from mentioned in the above list? - Just carry every thing. Make sure you keep things sorted/organized so that you can pull whatever the officer wants from the stack.
Good luck and let the group know what happens.
Thanks, Mattresscoil!!
more...
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indianabacklog
07-30 10:11 PM
Are you saying that a child will age out if the child's 485 cannot be immediately adjudicated due to retrogression and the child is over 21 when that 485 is eventually processed?
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.
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Lasantha
10-06 07:48 AM
same here,
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
That's what I'm talking about ! :cool:
we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!
anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..
cheers
That's what I'm talking about ! :cool:
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pachai_attai
08-15 02:55 PM
I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
Today (08/15), I got a mail with contents
"Current Status: Response to request for evidence received, and case
processing has resumed"
Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
Do they still continue to approve the cases after Aug 17th?
Today (08/15), I got a mail with contents
"Current Status: Response to request for evidence received, and case
processing has resumed"
Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
Do they still continue to approve the cases after Aug 17th?
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sharadara
09-01 12:05 AM
Hi,
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
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gc_on_demand
07-19 11:33 AM
Does any one on this forum know under what section of law family to emp based spill over happens ? Last year DOS allocated some 10k family visas ( unused) to emp quota but it was distributed.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
Just checking if this allocation is by book of law or interpretation of DOS based on some law. There are some chances that this year family based quota could be more and if DOS make them to fall down from Eb1 -- > Eb2 --> Eb3 -- > Eb4 -- > Eb5. then it could make C for all EB2 and those visas can fall down to Eb3 and this way in Oct 2010 atleast EB3 India get some 10-15 k extra visas. but if DOS allocate them across all category from day one then Eb2 row and Eb1 , 4, 5 keep consuming them and during last quarter spill over come down less..
Lets find out if there is any thing in law.
little_willy
08-11 02:36 PM
As mentioned by Administrator2 to report any issues with the tracker on this thread, here are issues I found.
1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.
2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.
Nice work to add this tracker...this will prevent all the different polls popping up.
Are these issues sorted out? I still see the same problem when sorting by PD. When these problems are fixed, I am sure the tracker will be a valueable tool. I appreciate IV's effort to create such a tool for the community. Thanks.
1. I tried to sort the listing on Priority Date. The issue is that it does alphabetical sorting and not sorting according to the date. It displays all members with Apr-01, then Apr-02, then Apr-03 instead of Apr-01, May-01, Jun-01 etc.
2. Also, right now, one can just go back or forth 2 pages at a time. say if you are on page 5, it displays page 3,4,5,6 and 7 as links. It would be nice to add a longer list of pages to jump to or a drop down/text box to jump to a desired page number would be better.
Nice work to add this tracker...this will prevent all the different polls popping up.
Are these issues sorted out? I still see the same problem when sorting by PD. When these problems are fixed, I am sure the tracker will be a valueable tool. I appreciate IV's effort to create such a tool for the community. Thanks.
samswas
05-05 09:09 AM
Thank you Krishna!