kaisersose
07-19 10:48 AM
USCIS local offices no longer issues interim EADs. Go to immigration.com and and bring up July/August 2006 newsletter.
You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.
But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?
I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.
You can schedule infopass & meet a local officer after 90 days. But he will only forward you request to the main center and ask them to either process your case quickly or issue an interim EAD.
But since the main center will be badly backlogged from now on, I wonder how they can even process interim EADs? If they can do it, they may as well do regular EADs?
I recall reading somewhere that with the new scheme, EADs were guranteed to be issued within 90 days and so no interim EADs were produced. But this 90 day limit will change in the next few weeks.
misha
01-31 02:44 PM
While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B Visa Stamp validity in passport, I had my new I-797 H1-B document from new employer with valid I-94 at the bottom till Sep 2009.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.
Thanks in advance.
Hi,
I had the same issue. I did not pay attention what I-94 expiration date was stamped by the officer in JFK airport. I had my visa expired earlier than my approved H1B status.
I was able to fix it couple weeks later at home in Tampa Airport with US Customs and Border Protection. Make sure that you make appointment with them before you go to your nearest international airport. They will take you to secured area where they do all immigration paperwork. See http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/
Next time, check the expiration I 94 date before you leave an immigration officer counter at the port of entry. This year, when I came back from vacation, the Immigration Officer at Atlanta airport did the same mistake. I told him that's not right and he fixed it.
There are 2 dates on your visa stamp:
1) Visa expiration date
2) H1B status expiration date.
Basically u do not need to show them 797 approved form because they can see all info on your visa stamp. But carry 797 with you just in case.
glus
06-25 09:31 AM
Hi:
Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.
Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.
kshitijnt
03-04 05:05 PM
congrats buddy. Atleast some good news in a string of bad ones :)
more...
rockstart
02-20 07:18 PM
Unfortunately with banks looking closely at the lending practices people with temp visa's are suffering. I had the same experience when I went with my friend to Nissan dealership; The loan was only approved till validity of I 797.
cox
November 21st, 2005, 05:28 PM
I agree with #2 as best. #4 is also interesting, but I like the clarity & eye contact in #2. Great capture, Joey. :)
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emmNemm
12-10 06:02 PM
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
RDB
12-02 08:24 PM
Don't get excited too soon :)
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07
This LUD was after more than a year. Hope Jan bulletin brings some movement.
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07
This LUD was after more than a year. Hope Jan bulletin brings some movement.
more...
simple1
06-03 02:00 PM
fool's post. yes you are.
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
ns33
06-10 04:22 PM
Thank you all for helping out. Just sent the packet through UPS to TSC.
Keeping my fingers crossed now.
Thanks again.
NS
Keeping my fingers crossed now.
Thanks again.
NS
more...
vivaforever
08-10 10:47 PM
In
GC_1000Watt
10-12 05:24 PM
No offence dude. Take it easy. Thanks for sharing your experience. I guess US embassies in India are way strict than the one's in mexico and canada.
Btw I didn't deserved the red for my last post itsmeabby. Right?
Btw I didn't deserved the red for my last post itsmeabby. Right?
more...
cliffmacnab
04-17 08:14 PM
the problem is if it works
JunRN
12-17 06:57 PM
Almost always, AC21 can trigger an RFE or interview. There's always a risk in filing AC21. First, your new employment may not match your LC therefore your GC will be denied. Second, the new employer is banned by USCIS and that is not in your knowledge. Lastly, AC21 rule may change anytime because the standing rule is just a memo from previous USCIS chief. If that changes and you're in the middle of it, you might find yourself ineligible.
If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.
If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.
more...
ujjvalkoul
07-19 12:23 PM
read up about EAD and AC-21 RUle - Google it.
gman
06-19 04:00 PM
As previously stated you have to maintain H1 status for the the spouse to be on H4. If you change status to AP/EAD then your spouse will be out of status. I am in the same position as you are. My PD recently became current and my wife filed last month I-485, AP, EAD. You can change jobs but new company has to sponsor/transfer your H1.
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mariner5555
05-17 09:32 PM
Hello,Our organization is limited to issues with employment based immigration. your friends case seems like a Family based Case and we do not have the right people to help you with your friends situation.
IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
IV'ans - Please refrain from any suggestions towards this
though I can understand the advice ..I don't understand the reasoning ..an immigrant is an immigrant whether it is family or employment ..I would think that IV should try to increase its reach and not become an exclusive club...
Rique ..as far as I can think ..it is a very personal decision ..so it is difficult to give any advice ..maybe a lawyer can help. ofcourse the final decision would have to be taken by your friend.
das0
12-17 06:36 PM
Thank you.
Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.
So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?
Please advise
Somone in the forum said AC21 memo can trigger a RFE, if I was laid off.
So should i take risk to not filing AC-21 or just file AC-21 with the new employment info?
Please advise
husamymd
12-30 01:58 PM
Let me put my 2 cents worth. I am one of the members who would be able to contribute $500. Not sure if I can do it on a recurring basis. But you guys wanted to identify the initial group and here I am. Hope that helps
Humhongekamyab
02-24 02:39 PM
For those who think that this is good and will not affect them -
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.
Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.
Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.
GCFROMOHIO
04-09 10:11 PM
Hi,
I am also on my 9th year of extension and Recently I changed jobs ( from fortune 500 to another fortune 500) and the new company suggested to have my 9th+ years H1 extension and have applied for the same. I just received the approval yesterday with in 30 days. The only reason I moved is so that I can refile in EB2, I have Masters+MBA prior to my old Labor, but couldn't apply as the old company job descriptions did not support it. With recent changes in I140 premium eligibility criteria, any one with H1 of 6years or more eligible for it and so you might want to extend your H1 and use Advance Parole to travel if you are thinking of any portability to EB2 in future.
Refer to the article on Murthy.com for the new I140 premium eligibility changes
http://www.murthy.com/news/n_140ppe.html
Thanks
I am also on my 9th year of extension and Recently I changed jobs ( from fortune 500 to another fortune 500) and the new company suggested to have my 9th+ years H1 extension and have applied for the same. I just received the approval yesterday with in 30 days. The only reason I moved is so that I can refile in EB2, I have Masters+MBA prior to my old Labor, but couldn't apply as the old company job descriptions did not support it. With recent changes in I140 premium eligibility criteria, any one with H1 of 6years or more eligible for it and so you might want to extend your H1 and use Advance Parole to travel if you are thinking of any portability to EB2 in future.
Refer to the article on Murthy.com for the new I140 premium eligibility changes
http://www.murthy.com/news/n_140ppe.html
Thanks
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