sertasheep
04-03 06:01 PM
Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.
The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:
Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.
The only situation wherein you don't need to go out of the country is:
X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.
Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.
To keep it simple: avoid going out of the country until you get your H1 approval.
Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.
See the following link:
http://tinyurl.com/h8doe
voldemar
02-13 03:40 PM
I am seriously thing 2-3-4-5 years!You are so optimistic ;)
pamposh
08-07 08:26 PM
would it based on when vermont received application OR when it gets forwarded to NSC or TSC
godspeed
01-15 09:03 AM
I paper filed at TSC on Dec16th got approval on Jan11th, the pace is pretty good considering the holidays in between.
There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.
There are several factor which helps aid in faster processing of the applications, mainly the required docs has to be in order and complete.
more...
NikNikon
October 23rd, 2005, 09:30 AM
Sounds good to me. QJ?? Anyone else?
Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?
Speaking of QJ I haven't seen much activity from her lately, you still out there Queen?
innervoice
01-10 05:57 PM
My son I-485 application got rejected in Sept 07 and the I resubmitted the application in Oct 07 with correct fees, Check got cleared in Dec 07 and received FP notice with appointment due date in Jan 08, but haven't got my I-485 receipt yet, I talked to customer service and she said it showing the application is rejected on Sep 07, and she will made further inquiry and let me know through email. This thing really scared me, Can someone please shed on light on this.
more...
Dhundhun
03-29 09:51 PM
---
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
How come sareesh will return on expired Visa (12/09/2006)?
God forbid, even if they deny your H1B visa from your new employer, you should still be able to return to the US on the expired H1B visa since you made an honest H1B visa trip.
How come sareesh will return on expired Visa (12/09/2006)?
go_guy123
09-13 02:33 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
You can always fight....so long u have cash to burn.
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
You can always fight....so long u have cash to burn.
more...
24fps
02-23 11:05 PM
hmmn, i am seeing a HUGE jump in H1b cancellations in this forum, maybe there should be a separate thread dedicated to the cancellations so we can deduce some pattern or trend.
p1234
10-04 06:29 PM
DON'T BELIEVE ANYTHING this guy says...read this thread (the posts towards the end)
http://immigrationvoice.org/forum/showthread.php?t=21835
http://immigrationvoice.org/forum/showthread.php?t=21835
more...
USDream2Dust
10-15 09:42 PM
Thank you.
I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.
and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.
But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me getting hit by a bus on an intersection.
I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.
and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.
But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me getting hit by a bus on an intersection.
smuggymba
10-05 03:25 PM
excuse me. What wrong with this info. EB3 was/is badly suffering because of those illegals. Looks like ur the anti and the troll.
Troll alert. This guy is trying taint eb3.
Troll alert. This guy is trying taint eb3.
more...
ashish3
10-30 04:33 PM
Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.
Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.
Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.
vxb2004
04-27 09:20 PM
Hello,
I used AC21 and switched from company A to company B, 13 months back and started working with my EAD. In the mean time company A attorney sent H1B withdrawal notice to USCIS 11 months back as part of a normal procedure. Since then I have noticed 4 soft LUD's. I had one yesterday. Is this a common occurrence? Please advise.
I used AC21 and switched from company A to company B, 13 months back and started working with my EAD. In the mean time company A attorney sent H1B withdrawal notice to USCIS 11 months back as part of a normal procedure. Since then I have noticed 4 soft LUD's. I had one yesterday. Is this a common occurrence? Please advise.
more...
sunny1000
03-10 03:19 PM
My wife when she went to india did the same. Means Submitted all the i-94 including the one which was with the 797.
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
While returning from india she did not get the i-94 upto the 797 approval date, she got it upto the Visa expiry date.
When i went to the Border Security Officer mentioned that the i-94 which you receive with 797 is for your reference, you are not supposed to give it to anybody.
I had to apply for the extension because i did't have any proof with me for my wife on the i-94.
I submitted all my I-94s including that on the 797. If you notice closely, they all have the same number on the top left corner. By issuing an I-94 with the 797, USCIS confirms that your original I-94 that you received at the POE has been extended. They are not valid after you leave the country as you get a new I-94 with a new number. You can go to an USCIS office and get your wife's I-94 corrected to the 797 date.
:D
Fran
08-14 11:57 AM
Similar threads have been started before as lot of LUD's have been seen on 07/22 07/28 08/05 and 08/12. I think concensus was that this has nothing to do with 485 data entry as check cashing did not match the LUD dates. But interesting pooint raised in this thread that it might be about which july apps to batch transfer from LIN to SRC. 07/22 might be around the time when LIN started to look at first few july filers apps.
more...
nkavjs
09-12 10:20 PM
same situation...
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
No news yet.. no checks cashed.. I am still waiting..
sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!
No news yet.. no checks cashed.. I am still waiting..
sbabunle
08-19 01:13 AM
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
needhelp!
10-25 12:57 PM
bump
TwinkleM
03-25 02:30 AM
@zimmy100 (http://immigrationvoice.org/forum/member.php?u=33255)
Y do u say that ur filinh I485 in Jully 2007 in EB3 is ur greatest mistake... I am sailing in the same boat & am planning to file new GC in EB2 category.
Anyone having knowledge can pls. shed some inputs.. would higly appreciate it.
Can't one retain the old priority date of EB3 for the new one in EB2 category after filing I485 in EB3 category?:confused:
Y do u say that ur filinh I485 in Jully 2007 in EB3 is ur greatest mistake... I am sailing in the same boat & am planning to file new GC in EB2 category.
Anyone having knowledge can pls. shed some inputs.. would higly appreciate it.
Can't one retain the old priority date of EB3 for the new one in EB2 category after filing I485 in EB3 category?:confused:
redcard
01-19 01:08 PM
Here is my understanding:
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
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