Prashanthi
09-04 01:34 PM
HI All,
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.
I currently have 797 approval document from Nov 2009 to Nov 2012 and My current 797 document is valid till Nov 2009.When i was coming back from india last week at POE the immigration officer gave me I 94 dated till Nov 2009.I said to him that as i have 797 till Nov 2012 i should get I 94 till that date.But he insisted saying as the current document is still valid he can only go with that.He cant give me I 94 date on my future 797 starting from Nov 2009.I kept asking him for about 5 min but again dint wanted argue a lot as it was border security immigration.
So what should i do now.Can i stay here after Nov 2009 or i need to go to stamping and come back before Nov 2009.What are my options.I don't have any travel plans at least a year from now.Do let me know is it mandatory for me to leave before Nov 2009.Also my New 797 as I 94 attached do you guys think if it is sufficient for me to stay here without any problems.
The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.
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abhay
10-29 03:11 PM
Guys
I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?
Thanks
I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?
Thanks
hindu_king
04-23 11:49 AM
I am planning to change my apartment next week. Its same city same zip code just different apartment complex (got a better deal). I am working the same job, same profile no changes since filing my 485 in Aug 2007. I also received a RFE in July 2008 (at that time my PD was current) it was for BC for which I had submitted an affidavit from my parents since the original was in local language. For the RFE I did an notarized translation of the doc and submitted it. They had also asked for updated EVL with supporting paystubs W2. I sent that and the application has been pending since.
The question I have is will this address change trigger another RFE?. Does any one have any such experience?
I changed my address twice recently in a short period of time. Same state but different zip codes. I did not get any RFE's. I already got an RFE in Oct 2008 before I moved. There were Soft LUDs on my applications both the times but no RFEs. I dont think change of address will trigger RFEs.
The question I have is will this address change trigger another RFE?. Does any one have any such experience?
I changed my address twice recently in a short period of time. Same state but different zip codes. I did not get any RFE's. I already got an RFE in Oct 2008 before I moved. There were Soft LUDs on my applications both the times but no RFEs. I dont think change of address will trigger RFEs.
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natrajs
08-23 12:54 PM
It is very unlikely to get a RFE for this
I hope you don't get it, Try to get the Duplicate ASAP
I hope you don't get it, Try to get the Duplicate ASAP
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NELLAIKUMAR
01-26 02:31 PM
racism is considered sexy these days ;)
If someone beats you up in the street corner because of racism, then come back here and tell everyone whether it is sexy or not. :D
If someone beats you up in the street corner because of racism, then come back here and tell everyone whether it is sexy or not. :D
vijay0101
04-07 05:28 PM
hi ggc,
when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
Thanks
when did you received a I-485 interview letter. Is your PD is Aug 06? What was the outcome of the interview.
Thanks
more...
RNGC
04-08 09:38 PM
As per INA 202, many of you know that for employment based immigration, the limit is 7% of 140k per country, if there are unused visas from family based or from previous years, USCIS should try to use them, which is not happenning....
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
see a detailed notes on INA 202 here...
http://boards.immigrationportal.com/showthread.php?t=240387
(search for gclong1)
I am trying to understand why the 7% was set ? When the law was signed. Things have drastically changed, more skilled people are coming to US from India, shouldn't the law be changed ? I think we should start pushing for more employment based visas, double it to 300k. The 7% formula has to be revisited.
Is 7% per country is fair ?
------------------------
Legal Immigrant Source Source:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table03d.xls
(More reports here...(http://www.dhs.gov/ximgtn/statistics/publications/LPR06.shtm)
Population Source:
http://en.wikipedia.org/wiki/List_of_countries_by_population
Cuba: ( BTW, Cuba is just taken as a example just to explain the math)
Total Population = 11,000,000 (11 Million)
Total Population Percent = 0.17 %
Legal Immigrants from Cuba to USA in 2006 = 45,614
Percent of Legal Immigrants from Cuba to USA compared with their population in 2006 = 0.4146 %
[(45614.0/11000000.0)*100.0 = 0.4146]
India:
Total Population = 1,131,264,000 (1.1 Billion)
Total Population Percent = 17 %
Legal Immigrants from India to USA in 2006= 61,369
Percent of Legal Immigrants from India to USA compared with their population in 2006 = 0.0054
[(61369.0/1131264000)*100.0 = 0.0054]
Cuba has a 0.4146 Legal Immigrants in US per 100 of their population
India has 0.0054 Legal Immigrants in US per 100 of their population
What is the difference in percent ?
(0.4146 - 0.0054)*100.0 = 40.92 % difference!!!!
India constitute 17% of world population, Cuba constitute .17 % of world population, so if we go by a country's population in deciding the % of EB visas it gets...
(17.0/100.0) * 140000.0 = 23,800 EB visas ?
(0.17/100.0) * 140000.0 = 238 EB visas ?
Soon, USA will be Chindia!
I am not arguing that we should follow the above formula either, just like how India and Cuba both have 7% limit, which does not make sense, the above math also does not make sense....
My argument is 7% per country limit for all countries, for a small country with 1 Million population and a big country with 1 B population does not make sense.
So, two issues need to dealt with for long term solution.
1. 140k EB visas to be increased to 300k
2. 7% per country needs to be changed (not sure what should be the criteria)
2010 South Beach, Miami
r2i2009
05-15 04:26 PM
The reason for my saying so....this election is different from others. Very tight race and either party do not want to pass any bill that would negatively affect the results.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
Our problem is the least of the problems the country is facing right now.
They would pass bill which would stimuate economy not help EB3 folks(who already have EADs) to get GC and make them sleep easily.
So let us be patient. Even if we get GCs...it is not useful for either parties....because we cannot vote.
Secondly, GOVT would lose EAD renewal, AP revenue etc.
So let us get out the illusion that our bills would be passed....it is not going to help the ailing economy. It might help lawyers to earn some good bucks.
more...
mrdelhiite
02-01 09:42 AM
This is a perfect example of creating more problems for everyone including yourself. IF everyone applies 2 H1 just to make sure there probability increases the overall probability of one getting H1 stays the same. The problem comes when someone plays by book and applies only one H1. By your action his probability is decreased. This is something my conscious won’t allow. When i was applying a H1 i had option to go for a regular H1 or last years left over masters Quota (The first year masters Quota opened, USCIS started accepting applications in Jan for that already started fiscal year). I decided to go for the Masters one so that i don’t use up a number from the coming year's regular or masters quota .. i could have saved money staying on OPT but i did not
Moral of the story .... please think about ur actions and be considerate to others. We is stronger then me.
-M
Moral of the story .... please think about ur actions and be considerate to others. We is stronger then me.
-M
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k_usa
12-16 10:52 AM
I got mine renewed in July'08 based on EAD in Lodi, NJ (Bergen county).
They renewed until EAD expiry date + 3 months.
They renewed until EAD expiry date + 3 months.
more...
lee.cook
May 28th, 2007, 11:06 AM
Ok now im screwed, my sensor is filled with dust spots as I can see it on the sensor myself..
http://img516.imageshack.us/img516/1959/dsc2412uw4.jpg (http://imageshack.us)
Just thought id share this with you as im really annoyed right now
http://img516.imageshack.us/img516/1959/dsc2412uw4.jpg (http://imageshack.us)
Just thought id share this with you as im really annoyed right now
hot South Beach Miami Beach
bobby
04-03 02:18 PM
see answers in CAPS:
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140? NO MY H1B HAD BEEN EXTENDED FOR 1 YEAR AS I HAD ALREADY COMPLETED SIX YEARS BUT DID NOT HAVE AN APPROVED LABOR CERTIFICATION OR I-140 YET
2. Did you apply for 3 year H1-b extension even though your passport was not renewed? YES IN EARLY JAN 07
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp? NO, "OLD" PASSPORT HAS VISA STAMPS FROM FIRST SIX YEARS ON H1B
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years? PENDING CASE NOT APPROVED YET. USCIS WORKING ON RECEIPT DATES OF 1/13 AND MY RECEIPT DATE IS 1/26
WHEN YOU RECEIVE YOUR EXTENSION APPROVAL A NEW I-94 IS ATTACHED TO THE EXTENSION NOTICE AS IN THE CASE WITH PREVIOUS RENEWALS/EXTENSIONS
more...
house Wrapped, South Beach Miami
MeraNaamJoker
09-17 10:32 AM
Thank you for your responses.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
Again the issue here will revert to the topic of SHAM EMPLOYMENT.
Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.
Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.
My situation is different, since my 485 is not yet approved (PD Dec 2006 EB2).
Company A applied for my GC (140 approved and 485 filed in July 2007), but I have never worked for company-A. I had been working for company-B during all these on H1. However I am now with company-C for last 6 months using EAD.
I have never done the AC-21, since my lawyer said that is not required since I was with company-B and did not change jobs in between.
In my case, company-A is not closing down, and I am willing to work for them after 6 months or so.
My question is are there any risks in my 485 in this context?
Should I be moving to company-A to reduce any risk?
Would appreciate your responses in this.
Again the issue here will revert to the topic of SHAM EMPLOYMENT.
Either you should be working for the sponsor company or file AC21 and port out the process. That helps you to be on the safer side.
Even after filing AC21 two and half years back, my original approval notices went to my original GC sponsoring company's attorney's office.
tattoo The South Beach in Miami
ashkam
06-25 11:35 AM
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
more...
pictures South Beach Miami Florida
WeShallOvercome
11-05 12:59 PM
All of you who could not apply for your spouses for any reason and now facing retrogression:
Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.
==============
Example:
Your PD = May 2005 EB2
July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.
You have about 15 days to prepare your spouse's application and also get his/her medicals done.
Send it out on June 30th to be delivered on early morning July 1st 2008.
This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.
==============
If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....
I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..
==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====
Please Keep your spouse's application 100% ready with the exception of medical report before your date is officially current again and file it on the very first day that it is current.
==============
Example:
Your PD = May 2005 EB2
July 2008 bulletin is released on 15th June 2008 making your PD current starting July 1st.
You have about 15 days to prepare your spouse's application and also get his/her medicals done.
Send it out on June 30th to be delivered on early morning July 1st 2008.
This is to make sure the dependent's application reaches there BEFORE any chance of your application getting approved.
==============
If you miss it YOUR app is approved before your spouse's app is filed, you are in for some complications.....
I guess most of you already understand the importance of this, Just mentioning here for the benefit of those who don't..
==DO NOT GIVE USICS ANY CHANCE TO APPROVE YOUR APPLICATION BEFORE YOU FILE YOUR SPOUSE'S APPLICATION====
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venetian
07-06 12:16 PM
Thanks to wandmaker & acecupid for the response.
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siravi
11-09 04:37 PM
Will be happy to help out with analytical writing, but I see several have volunteered already!
What would "Media Contacts" work involve?
What would "Media Contacts" work involve?
girlfriend Collins Av South Beach Miami
vikki76
06-17 01:13 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
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India76
10-28 01:00 PM
Wish you and your family a very happy Dipawali!!!!!
andy garcia
02-09 12:47 PM
I found one of Pappu's post with a list of resources :0 http://immigrationvoice.org/forum/showthread.php?t=694&page=3
Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8
Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.
Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.
Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)
With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!
You guys invented them both. Golf and madcows:)
Pappu was nice enough to send another http://immigrationvoice.org/forum/showthread.php?t=694&page=8
Within both posts are massive amounts of email addresses and organizations that we can all spend 5 mins a day contacting. This isn't "my idea", I'm just repeating it.
Please note that the following is meant with no offense to anyone, it is more my brainstorming how to "exploit the system" to our advantage. No matter what you say about american society, it is still a racially discriminatory one. People find the subject of immigration distasteful since a lot of immigrants (legal or otherwise) don't look like them. If they see the diversity of people in their face, it might chip away at the bias.
Why am I doing this? I've been fairly vocal criticizing the lack of diversity on this board. It was pointed out that other nationalities pick up the pace, so here I am :)
With some irony, I spent a chunk of time searching last night for associations in the states that are from my nationality background (don't hate me, I'm English). All I could find are associations regarding livestock (cows) and golf.... Gotta dig deeper!
You guys invented them both. Golf and madcows:)
gc007
01-05 10:23 PM
I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.
With the recent changes of de-coupling H1 & H4.......
My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?
Appreciate any responses on this. Thanks
With the recent changes of de-coupling H1 & H4.......
My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?
Appreciate any responses on this. Thanks
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