
gccovet
05-20 04:43 AM
There was a report on Mathew Oh's site that
some people travelled in 2008 got a messed up I-94
forms( printing bug). So whoever travelled in 2008
may want to have a very good look at their I-94 and
correct it if needed.
suresh
Heard that too!!
http://www.immigration-law.com/
AILA has reported that sometime early 2008, U.S. Customs and Border Protection received approximately one million I-94 Arrival-Departure cards that were misprinted. Correct and valid I-94 should have 11 digits of I-94 numbers. If your I-94 shows only 9 didits or 10 digits or less than 11 digits, your I-94 card is one of these million's defective cards. The agency is recalling such defective I-94 cards for replacement I-94. Reportedly these defective I-94 cards were issued at the Calgary Airport in Canada and potentially other airports as well. Those who have such defective I-94 should contact Deferred Inspection posts or any Port of Entry for issuance of replacement I-94. Defective I-94 can create a number of problems down the road unless they obtain replacement I-94.
Locate a PoE
http://www.cbp.gov/xp/cgov/toolbox/ports/
GCCovet
some people travelled in 2008 got a messed up I-94
forms( printing bug). So whoever travelled in 2008
may want to have a very good look at their I-94 and
correct it if needed.
suresh
Heard that too!!
http://www.immigration-law.com/
AILA has reported that sometime early 2008, U.S. Customs and Border Protection received approximately one million I-94 Arrival-Departure cards that were misprinted. Correct and valid I-94 should have 11 digits of I-94 numbers. If your I-94 shows only 9 didits or 10 digits or less than 11 digits, your I-94 card is one of these million's defective cards. The agency is recalling such defective I-94 cards for replacement I-94. Reportedly these defective I-94 cards were issued at the Calgary Airport in Canada and potentially other airports as well. Those who have such defective I-94 should contact Deferred Inspection posts or any Port of Entry for issuance of replacement I-94. Defective I-94 can create a number of problems down the road unless they obtain replacement I-94.
Locate a PoE
http://www.cbp.gov/xp/cgov/toolbox/ports/
GCCovet
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lazycis
02-06 08:57 AM
Hello everyone,
I am in a very bad condition n would appreciate anyone who can advice me on same. I had been out of status for about 1 yr n 2 months following my denial of I 140 n expiration of H1b, n currently residing in US. Now i have a new approval for H1b from USCIS, a month back. I was instructed by my employer to go back to my native country n get approval from from the consulate n re enter US. My lawyer instructed that i will be barred at the consulate or at the airport due to the history of over stay in US upon re-entering . Is there any one who have heard experinces of this kind ever? plz share your knowledge... thanks
Lawyer is right. If you leave the country, you will be barred for 10 years from re-entry if you accumulated more than 1 year of "unlawful presence" ("out of status" is different and it is not a such a big deal to lose status as long as you do not accumulate unlawful presence). If you stay, you may be able to eventually get green card.
Can you provide more details regarding your timeline? Was I-485 filed? If you had pending I-485, "unlawful presence" counts from the date I-485 has been denied, not from the date H1 has expired.
I am in a very bad condition n would appreciate anyone who can advice me on same. I had been out of status for about 1 yr n 2 months following my denial of I 140 n expiration of H1b, n currently residing in US. Now i have a new approval for H1b from USCIS, a month back. I was instructed by my employer to go back to my native country n get approval from from the consulate n re enter US. My lawyer instructed that i will be barred at the consulate or at the airport due to the history of over stay in US upon re-entering . Is there any one who have heard experinces of this kind ever? plz share your knowledge... thanks
Lawyer is right. If you leave the country, you will be barred for 10 years from re-entry if you accumulated more than 1 year of "unlawful presence" ("out of status" is different and it is not a such a big deal to lose status as long as you do not accumulate unlawful presence). If you stay, you may be able to eventually get green card.
Can you provide more details regarding your timeline? Was I-485 filed? If you had pending I-485, "unlawful presence" counts from the date I-485 has been denied, not from the date H1 has expired.

indygc
10-09 10:54 AM
Hi,
My attorney had filed our 485 at Nebraska SC on July 30th. She didnt file EAD & AP.
On August 10th I myself filed EAD & AP at Nebraska SC. I got receipts for AP. For EAD, they have sent back our docs saying that 765 has been filed with improper fee (guy who picked the file is not aware of July VB fee valid till Aug 17th). So I have sent back the documents with a cover letter stating we come under July VB, after a week they sent back the packet again with same reason to file with proper fee of $340. I dont want to waste time and energy.. so this time I have sent $340 and after a week on Oct1 we got receipts for EAD.
Mean while I called USCIS to check the status of my 485 and luckily got the receipts numbers from them. The file has been transferred to Texas.
My questions are:
1.The received date on the EAD receipt is stated as September 27th. But the very 1st time we filed was August 10th. So would they treat our file as that filed on August 10th or Sep 27th???
2.My EAD & AP are at Nebraska and 485 is at Texas..would that cause any delays..concerns?
Anyone been thru such experience. Please throw some light.
Thanks in Advance
Indy.
My attorney had filed our 485 at Nebraska SC on July 30th. She didnt file EAD & AP.
On August 10th I myself filed EAD & AP at Nebraska SC. I got receipts for AP. For EAD, they have sent back our docs saying that 765 has been filed with improper fee (guy who picked the file is not aware of July VB fee valid till Aug 17th). So I have sent back the documents with a cover letter stating we come under July VB, after a week they sent back the packet again with same reason to file with proper fee of $340. I dont want to waste time and energy.. so this time I have sent $340 and after a week on Oct1 we got receipts for EAD.
Mean while I called USCIS to check the status of my 485 and luckily got the receipts numbers from them. The file has been transferred to Texas.
My questions are:
1.The received date on the EAD receipt is stated as September 27th. But the very 1st time we filed was August 10th. So would they treat our file as that filed on August 10th or Sep 27th???
2.My EAD & AP are at Nebraska and 485 is at Texas..would that cause any delays..concerns?
Anyone been thru such experience. Please throw some light.
Thanks in Advance
Indy.
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mrsr
06-17 10:08 AM
A# will be on yr approved I140 above yr name ,in beneficiary column
both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside
both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside
more...

visacase
07-10 02:40 PM
Hi,
Thanks for my previous response. I am on H1B and between projects. I have an offer to work for a couple of days for a company other than the one holding my H1B. They said they are not gonna report to the IRS as its an hourly job for 2 days and the number of hours are not going to accumulate enough for the IRS. But they need my SSN or tax-payer ID to run their payroll. I am gonna receive my dues as a simple check (like a rebate check with just the total amount showing up & NOT a paystub). Please let me know if I can work for them or not.
Thanks for my previous response. I am on H1B and between projects. I have an offer to work for a couple of days for a company other than the one holding my H1B. They said they are not gonna report to the IRS as its an hourly job for 2 days and the number of hours are not going to accumulate enough for the IRS. But they need my SSN or tax-payer ID to run their payroll. I am gonna receive my dues as a simple check (like a rebate check with just the total amount showing up & NOT a paystub). Please let me know if I can work for them or not.

RajahRajah
06-05 01:49 PM
Former president's Bill Clinton and George W. Bush were both in Canada last week. Neither one of them knew that you now require a passport to re-enter the U.S. as of June 1st, from Canada. That should give you an idea of just how tuned in these people are.
more...
cool_desi_gc
01-03 09:26 AM
Labor substitution is not an option anymore. I have PD Dec 2002 EB3 India working on EAD.
I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
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bkarnik
09-24 07:46 PM
please......
I got notices from CSC too yesterday. The notice has a receipt date of Sep. 18, 2007 and a notice date of Sep. 19, 2007. The notice says that my petition was filed at CSC which is not the correct service center and has been transferred to NSC. NSC will be getting back to me with action taken. The notice has no information regarding Priority date or Attorney inspite of having a approved I140 and G-28 form included in the petitions
I immediately contacted my Attorney. Turns out we had Fedexed the applications on July 20th to the NSC and was recieved at the NSC on July 23rd. According to the attorneys, NSC probably transferred applications across various service centers for data entry and these applications are now being transferred back to NSC. It is very likley that the actual receipts will be issued by NSC. To play it safe, my attorneys will be sending a letter to the NSC documenting this and requesting that they be sent the correspondence from hereon.
Hopefully, thats what it is. Have you asked your attorneys their opinion?
I got notices from CSC too yesterday. The notice has a receipt date of Sep. 18, 2007 and a notice date of Sep. 19, 2007. The notice says that my petition was filed at CSC which is not the correct service center and has been transferred to NSC. NSC will be getting back to me with action taken. The notice has no information regarding Priority date or Attorney inspite of having a approved I140 and G-28 form included in the petitions
I immediately contacted my Attorney. Turns out we had Fedexed the applications on July 20th to the NSC and was recieved at the NSC on July 23rd. According to the attorneys, NSC probably transferred applications across various service centers for data entry and these applications are now being transferred back to NSC. It is very likley that the actual receipts will be issued by NSC. To play it safe, my attorneys will be sending a letter to the NSC documenting this and requesting that they be sent the correspondence from hereon.
Hopefully, thats what it is. Have you asked your attorneys their opinion?
more...

eastindia
09-29 08:02 AM
Twenty Legislative Priorities for Lame-Duck Session, including DREAM. This is our chance to PUSH RE-CAPTURE.
Democrats to stuff 20 bills into post-election lame-duck session - TheHill.com (http://thehill.com/homenews/senate/121223-dems-stuff-lame-duck)
How will you push so that it becomes more/equally important than DREAM?
Democrats to stuff 20 bills into post-election lame-duck session - TheHill.com (http://thehill.com/homenews/senate/121223-dems-stuff-lame-duck)
How will you push so that it becomes more/equally important than DREAM?
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pezz77
01-29 09:23 PM
Thank you for the info! Should I give my lawyer a heads up or not worry about changing address on the application (if they still can do that)?
more...

DSLStart
10-20 11:20 AM
I doubt if immigration would be on his plate for next 8-10 months because of economic downturn. His administration would be busy focusing on taxes, banking reforms, health care, pulling out of Iraq etc. If recession goes away quickly than hoped only then we can expect something about it...
With just 14 days left, it is getting more and more clear tht Obama is going to be the president of the US for atleat next 4 yrs, unless some miracle change the race in coming days. And Projected Senate looks like, democrats will have 60 or almost there which is required to bypass a filibuster and Dems would be incresing their lead in House.
Dont we have to strt sending emails to Obama,Pelosi and Reid after Nov 4th.
With just 14 days left, it is getting more and more clear tht Obama is going to be the president of the US for atleat next 4 yrs, unless some miracle change the race in coming days. And Projected Senate looks like, democrats will have 60 or almost there which is required to bypass a filibuster and Dems would be incresing their lead in House.
Dont we have to strt sending emails to Obama,Pelosi and Reid after Nov 4th.
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rdehar
07-24 09:41 AM
Since Company A has not canceled your H1, you can join them anytime.
No need to re-transfer.
I have done the same.
No need to re-transfer.
I have done the same.
more...
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WaitingUnlimited
11-01 01:00 AM
You will have 10 days from day of the denial to leave the country unless you file for Motion to Reopen (MTR).
Did you try filing another H1b through another employer after the RFE?
If that is the case and if you have the LIN number then you may be able to continue working with your current client (if new employer and client etc are ok with it).
If you have all the documents to go for MTR then you can go for it. I am not an attorney but this is per my knowledge.
Good Luck :o
Did you try filing another H1b through another employer after the RFE?
If that is the case and if you have the LIN number then you may be able to continue working with your current client (if new employer and client etc are ok with it).
If you have all the documents to go for MTR then you can go for it. I am not an attorney but this is per my knowledge.
Good Luck :o
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qasleuth
05-18 06:31 PM
Shana, Better yet update the RFE page on the wiki. The page will be there easily accessible and you will not have the burden of keeping this thread alive.
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
If you prefer, you can start a new page on the wiki with the title "Common RFEs" or something like that. If you need help updating the wiki just holler and will help.
http://immigrationvoice.org/wiki/index.php/Request_For_Evidence
If you prefer, you can start a new page on the wiki with the title "Common RFEs" or something like that. If you need help updating the wiki just holler and will help.
more...
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skiistari
06-07 11:57 PM
I just finished an intership with a company that does essentially what you do, except that they are already established in the Philadelphia Area. I don't know much, but I think your best bet would be to contact local businesses that might need multimedia stuff. Also, put some time into making a really /really/ kickass site, being as it is what is selling your services.
Good luck!!!
Good luck!!!
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Blog Feeds
05-30 12:30 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
Across Silicon Valley and the rest of the U.S., many employers are avoiding layoffs by reducing employee hours or by cutting salaries. However, H-1B visa (http://www.geelaw.com/lawyer-attorney-1054805.html)holders, and their employers, can run afoul of U.S. immigration laws if the salary is cut without a corresponding reduction in hours.
An H-1B employer must attest to the Department of Labor, that the employer is paying the H-1B employee the higher of either: 1) the prevailing wage for the same occupational classification in the same area of employment, or 2) the actual wage level paid by the employer to all employees with similar experience and qualifications for the same job. When submitting the H-1B petition, the employer must state the number of hours per week that they will employ the H-1B worker. So if the prevailing wage for a software engineer in the San Jose metropolitan area is $40/hr., then for a full-time job the annual salary would be $83,200. This would be the minimum that the employer would need to pay annually, and an employer could always pay more.
Suppose your Palo Alto employer informs you that all professionals are taking an across-the-board 15% pay cut. If the prevailing wage for your job is $83,200, a 15% pay cut would lower your salary to $70,720. If your employer started paying you only $70,720 annually while you were still working full-time, your employer would be violating the H-1B regulations, and you could be in violation of your H1-B status. However, if your hours were reduced to only 34 hours per week, then at $40/hour you would earn $70,720 annually. Therefore, an employer and its H-1B employee could properly follow the H-1B regulations by reducing the employee's hours enough to still comply with the prevailing wage. Of course, in this example, the H-1B employee would only be able to work 34 hours per week.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/11/a-paycut-could-mean-parttime-f.html)
more...
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yabadaba
07-02 02:05 PM
who are these 60k cases? i cant see it on or anywhere. these will some reflection of this..correct?
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chinta_ramesh
02-19 03:16 PM
Dear All,
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
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rbalaji5
03-06 01:56 PM
check your passport validity and then cross the border if you are near to Mexico and return back on the same day. I did once without any issue. This is quickest and safest way to extend your I94. If you apply for i94 extension it will take another 4 to 5 months.
Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet (http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853) reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
� Applicants that have been granted Temporary Protected Status (TPS);
� Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
� Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
� Applicants with a pending asylum application; or
� Applicants with a pending application for legalization
If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131 (http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Forms%20-%202nd%20Level/Forms%20Static%20Files/I-131.pdf), contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole (http://www.h1bvisalawyerblog.com/2009/10/special_ead_and_advance_parole.html) document.
$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
More... (http://www.h1bvisalawyerblog.com/2009/10/uscis_issues_a_fact_sheet_to_r_2.html)
The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet (http://www.aila.org/content/fileviewer.aspx?docid=30372&linkid=210853) reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.
The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:
� Applicants that have been granted Temporary Protected Status (TPS);
� Applicants with a pending application for adjustment of status to lawful permanent resident (LPR);
� Applicants with a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
� Applicants with a pending asylum application; or
� Applicants with a pending application for legalization
If you are an Appllicant with a pending Application for Adjustment of Status to Lawful Permanent Resident (LPR) and need assistance with filing Form I-131 (http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Forms%20-%202nd%20Level/Forms%20Static%20Files/I-131.pdf), contact our office, as we currently have a SPECIAL running for the preparation and filing of the Advance Parole (http://www.h1bvisalawyerblog.com/2009/10/special_ead_and_advance_parole.html) document.
$450 flat fee (no admin fee) for filing both EAD and Advance Parole per applicant
$200 + $50(admin fee) if filing either EAD or Advance Parole separately
Our normal legal fees are $250 + $50(admin fee) per application
**If an RFE is received, an additional legal fee will be required to respond**
More... (http://www.h1bvisalawyerblog.com/2009/10/uscis_issues_a_fact_sheet_to_r_2.html)
marola
05-14 05:28 PM
Hi, I am a holder G4 visa working on a international institution in Washington DC, USA...and my fiance is a G4 visa holder too, working on other international institution in the same city (we are foreigners, south americans, especifically)...ok...the main issue is that we want to get married next month in USA and sure as G4 visa holders at that time....but on this September, my fiance is going to change his status to a F1 visa, because he is going to pursue his PHD on a US University....and I cannot change my status as dependent of him (F1 dependant), cuz I need to keep working, and I dont know if it is necessary for studying here to have exclusively F1 visa as a foreigner student, or he could become a G4 visa dependant from me, after he stop working to start studying.
...So my question is if we get married before that he changes his status from G4 to F1...would I be able to keep working on any international institution meanwhile he can keep his F1 student visa?, with no need to become a dependent from each other, but to keep, my G4 visa, and his future F1 visa, respectively?
My doubt is based on one comment that i heard from someone, but i am not sure, cuz that person told me, that if my husband changes his visa from G4, resigning my G4 dependent status, i couldn't be rehired later...i tried to get advide from a lawyer but his service is so expensive for me...so i hope someone can help me, cuz this issue is so important for us.
Ps: For more information, my fiancee would have to go to his country and getting his F1 visa and go back to USA as a F1 visa holder....And before that trip...we would like to get married...and meanwhile he is studying with his F1 visa, I can work with no problems with my G4 visa rehired as many times as I am re hired...
...So my question is if we get married before that he changes his status from G4 to F1...would I be able to keep working on any international institution meanwhile he can keep his F1 student visa?, with no need to become a dependent from each other, but to keep, my G4 visa, and his future F1 visa, respectively?
My doubt is based on one comment that i heard from someone, but i am not sure, cuz that person told me, that if my husband changes his visa from G4, resigning my G4 dependent status, i couldn't be rehired later...i tried to get advide from a lawyer but his service is so expensive for me...so i hope someone can help me, cuz this issue is so important for us.
Ps: For more information, my fiancee would have to go to his country and getting his F1 visa and go back to USA as a F1 visa holder....And before that trip...we would like to get married...and meanwhile he is studying with his F1 visa, I can work with no problems with my G4 visa rehired as many times as I am re hired...
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