bhavinkanani
10-12 10:08 AM
Hi
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
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h1b_slave
02-27 01:06 PM
There would be many of us who would be able to relate to this article . I don't feel it is totally false, I guess this is the author's Memoir (partly true & partly made up ) & not his autobiography.
(made up part is what the author foresees in the future - reason given below )
- If not parents then it might be grandparents who kept waiting/hoping to see their grandson/granddaughter's children but passed away without seeing them.
- Latter part (what sounds like made up part ) is what the author saw in working/service class families in the US who came here 20 - 30 years ago (i hv myself come across such families) & believes his future would be the same - who knows it can be true for anyone ???
During youth a guy is busy in his job, is able to pay all his bills as well as save some money for vacation, which happens during long weekends or once a year , life goes by like this but when he grows older/retires & wishes to go back & settle down he finds things are not what he wants or wanted - children dislike staying/going to india , they study in a college in a different city , visit them once in a while , he & his wife r left alone & find it very lonely here. He knows he has not become a multi-millionaire & looks back & realizes he has always lived a hand-to-mouth life - BUT Is this what he wanted ? was all this worth it ?
He could never reach a conclusion & one day he passes away. Now his wife is left alone even lonelier & she has the same questions.
She visits india every year for 1 or 2 months - she likes it there. But
She cannot settle there - it will make her far from her children , She cannot settle here - because her roots are there.
(made up part is what the author foresees in the future - reason given below )
- If not parents then it might be grandparents who kept waiting/hoping to see their grandson/granddaughter's children but passed away without seeing them.
- Latter part (what sounds like made up part ) is what the author saw in working/service class families in the US who came here 20 - 30 years ago (i hv myself come across such families) & believes his future would be the same - who knows it can be true for anyone ???
During youth a guy is busy in his job, is able to pay all his bills as well as save some money for vacation, which happens during long weekends or once a year , life goes by like this but when he grows older/retires & wishes to go back & settle down he finds things are not what he wants or wanted - children dislike staying/going to india , they study in a college in a different city , visit them once in a while , he & his wife r left alone & find it very lonely here. He knows he has not become a multi-millionaire & looks back & realizes he has always lived a hand-to-mouth life - BUT Is this what he wanted ? was all this worth it ?
He could never reach a conclusion & one day he passes away. Now his wife is left alone even lonelier & she has the same questions.
She visits india every year for 1 or 2 months - she likes it there. But
She cannot settle there - it will make her far from her children , She cannot settle here - because her roots are there.
sdrblr
09-12 02:07 PM
I am under the impression that atleast in Illinois, the local law enforcement (police) CANNOT ask for the legal status or check any documents if it is a routine traffic stop or just pull you over and then ask for the documents. I know for a fact as this had become a big issue at one of the Chicago's northern suburbs recently and was in news for quite some time. There were two sections of citizens who wanted police to check and others (ACLU) argued that legal status was a federal jurisdiction and the local law enforcement were not authorized to check and violated the rights.
I think only ICE or CBP can ask that and how many of them are around in cities/ towns far away from the border?
I assume the same is true with other Police Depts.
I think only ICE or CBP can ask that and how many of them are around in cities/ towns far away from the border?
I assume the same is true with other Police Depts.
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hopein07
02-08 11:13 AM
With regard to HSMP issues in UK some Indian Minister (I think PC Chidambram...) made a public comment a few days back and the political establishment in UK took notice.
For US, people need to write to India's PM Manmohan Singh. If 50,000 letters go to him then he will talk to Bush and something can work out. NRIs anyway have a lot of say now in Delhi unlike 10 years back when they were totally disliked. Just wasting time on chat boards will lead to nothing. Even Microsoft and Intel are unable to convince politicians here. It has to come from a higher authority with whom there are mutual stakes involved. Manmohan Singh is the only guy who can help here because today there are several mutually important and high stake issues between India and US.
For US, people need to write to India's PM Manmohan Singh. If 50,000 letters go to him then he will talk to Bush and something can work out. NRIs anyway have a lot of say now in Delhi unlike 10 years back when they were totally disliked. Just wasting time on chat boards will lead to nothing. Even Microsoft and Intel are unable to convince politicians here. It has to come from a higher authority with whom there are mutual stakes involved. Manmohan Singh is the only guy who can help here because today there are several mutually important and high stake issues between India and US.
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SkilledWorker4GC
05-30 03:19 PM
It's all about money my friends. Legal are already paying taxes. What they want is all these 12 million people to pay taxes too. Once these ppl come forward and apply for legal visa they will be backloged and will keep paying fees and taxes. After 20 years another cycle.
Nothing is going to happen for legal. All efforts r waste.
Nothing is going to happen for legal. All efforts r waste.
ebizash
04-30 03:05 PM
A great blog! I completely agree with everything mentioned.
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rongha_2000
05-13 05:45 PM
^^^^^^^^^^^^
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anilsal
11-30 04:54 PM
Not an amended H1. It is an H1B extension for 3 years after I140.
The question is if you have this approval in your hand (whose start date is after your current visa validity) and you return to the country within your visa validity, will the official have I-94 valid till the end of the new approval or till the date your current visa is valid?
According to "Last Action" Rule of USCIS, there is a possibility that your H1B extention approval becomes invalid because the POE gave validity till your visa end.
Seems all so screwed up. But red-tape rules are never white and black.
http://www.murthy.com/news/UDnjsem.html
There is mention of Last Action Rule.
The question is if you have this approval in your hand (whose start date is after your current visa validity) and you return to the country within your visa validity, will the official have I-94 valid till the end of the new approval or till the date your current visa is valid?
According to "Last Action" Rule of USCIS, there is a possibility that your H1B extention approval becomes invalid because the POE gave validity till your visa end.
Seems all so screwed up. But red-tape rules are never white and black.
http://www.murthy.com/news/UDnjsem.html
There is mention of Last Action Rule.
more...
jthomas
04-02 11:57 AM
My H1b is going to expire on April 17th. I had found a new job and they had applied for my H transfer on March 27th. I would like to know
1. How many days is required to get a H1b transfer receipt.
2. What happens if my H1B expires before i get a receipt.
3. Should i go on EAD or continue on H1B. My wife is a green card holder for last 3 years 6 months.
PD Oct 2006
I-140 Approved
I- 485 July Completed 180 days.
EAD and AP
1. How many days is required to get a H1b transfer receipt.
2. What happens if my H1B expires before i get a receipt.
3. Should i go on EAD or continue on H1B. My wife is a green card holder for last 3 years 6 months.
PD Oct 2006
I-140 Approved
I- 485 July Completed 180 days.
EAD and AP
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Libra
10-03 03:08 PM
cchaitu,
no you dont see anything abt FP on 485 status. If you haven't called USCIS, you can call once and see, it may help.
no you dont see anything abt FP on 485 status. If you haven't called USCIS, you can call once and see, it may help.
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austingc
07-08 05:07 PM
[QUOTE=sammas;1967354]Probably the RFE might be related to photos not being sent. A friend of mine received a RFE for not sending the photos eventhough they are not required to be sent but he did not get any Biometrics notice. [QUOTE=sammas;1967354]
Sammas, May be it was lost in the mail, so your friend did not receive and the USCIS issued an RFE.
Sammas, May be it was lost in the mail, so your friend did not receive and the USCIS issued an RFE.
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va_labor2002
06-22 09:17 PM
I think, if at all Minister is being planned to be met , it is better only few problems are presented to Minister.
PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..
1) Retrogression.
2) Social Security Treaty.
Numbers justifying above data can do a lot good to explain the problem.
I think VISA retrogression problem can be addressed to the minister. That itself will give BIG relief to thousands of people from India.Make a special VISA Quota for India is another good option. Minister can suggest this option to the US Officials and Senators ! He is scheduled to meet some US senators in DC and NYC.
This is great opportunity for poeple living in Maryland and DC area. It is easy to go and meet him personally ! Think about it guys....
PROBLEMS IN INDIA MAY DILUTE THE FOCUS. I think the following would be best to present ..
1) Retrogression.
2) Social Security Treaty.
Numbers justifying above data can do a lot good to explain the problem.
I think VISA retrogression problem can be addressed to the minister. That itself will give BIG relief to thousands of people from India.Make a special VISA Quota for India is another good option. Minister can suggest this option to the US Officials and Senators ! He is scheduled to meet some US senators in DC and NYC.
This is great opportunity for poeple living in Maryland and DC area. It is easy to go and meet him personally ! Think about it guys....
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Canadian_Dream
10-19 01:43 PM
I am not sure if this is that simple. There are no clear laws that state what would be the implication if:
Your I-140 on which you were granted an extension is revoked by your employer. This is quite possible if you are not working for that employer and the employer decided to go by the book. Most big employers would do it just as a prodedure. Some would do to subsitute the underlying labor.
I have heard various things in this regard some from lawyers too, and I haven't got a clear answer on it. This provision comes from AC-21 which fails to state the above condition. There were further directives (Yates memo etc) after AC-21 to clarify various situations, unfortunately this situation wasn't answered in any of them either.
If you draw parallels from extensions granted on Labor Certification, the H1B is valid till the end of duration as long as labor remains pending. If Labor is approved or denied or subsituted the underlying H1B status is quentionable. This could mean that the extension granted is not without strings attached. This is just my opinion.
If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
Your I-140 on which you were granted an extension is revoked by your employer. This is quite possible if you are not working for that employer and the employer decided to go by the book. Most big employers would do it just as a prodedure. Some would do to subsitute the underlying labor.
I have heard various things in this regard some from lawyers too, and I haven't got a clear answer on it. This provision comes from AC-21 which fails to state the above condition. There were further directives (Yates memo etc) after AC-21 to clarify various situations, unfortunately this situation wasn't answered in any of them either.
If you draw parallels from extensions granted on Labor Certification, the H1B is valid till the end of duration as long as labor remains pending. If Labor is approved or denied or subsituted the underlying H1B status is quentionable. This could mean that the extension granted is not without strings attached. This is just my opinion.
If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
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as_rudra
05-24 01:04 PM
Just sent the Web fax. Keep up the good work team IV
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GC08
07-03 07:33 PM
Check this article at:
http://www.wesh.com/money/13616272/detail.html
At the bottom they made the following completely ignorant statement:
"The State Department said the employment visa numbers are no longer available because resources are being used to reduce the backlog of passport applications."
So much for media taking this seriously...
Isn't this a lie? Didn't the release from the State Department say that the reason was sudden backlog reduction efforts from USCIS? Why do they have to lie about this?
They may think that once they mention that they were doing this for the sake of Americans, they could get away with it. NO WAY!
We should let the media, esp. this station, know the truth.
Outrageous! :mad:
http://www.wesh.com/money/13616272/detail.html
At the bottom they made the following completely ignorant statement:
"The State Department said the employment visa numbers are no longer available because resources are being used to reduce the backlog of passport applications."
So much for media taking this seriously...
Isn't this a lie? Didn't the release from the State Department say that the reason was sudden backlog reduction efforts from USCIS? Why do they have to lie about this?
They may think that once they mention that they were doing this for the sake of Americans, they could get away with it. NO WAY!
We should let the media, esp. this station, know the truth.
Outrageous! :mad:
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ramus
07-10 09:54 PM
Don't need to get excited. Nothing has changed.. Its again depend on you if you want to file and get it rejected and then be a part of law suit or if you just want to wait till Oct. But so far all these are rumers. and good roumers never become true..
But nothing wrong with being hopeful.
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
But nothing wrong with being hopeful.
IS THIS APPLICABLE ONLY TO JULY 2 FILERS? FOR OTHERS, IS IT ADVISABLE TO FILE I485 NOW?
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dallasdude
05-27 11:19 AM
This is just a humour but has a meaning underneath if you try to understand. I am comparing USCIS to a product selling company. If USCIS was a TV selling company what would happen to the customers the way it acts ?
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card will be charged once, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card will be charged once, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
So....What's the point? The employees at USCIS are humans too. Give them a break will ya? They are doing the best they can to accomodate everyone in here.
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gcseeker2002
11-11 11:10 AM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
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saiimmi
05-06 09:23 AM
Yep, few states consider long time residents as out-of-state /international students if they are in any other status than that of GC/Citizen. I live in MN and Univ. of Minnesota considers me as international student though I have lived in this state for more than 2 years and have been in this country for 10 years.
bbct
02-14 12:27 PM
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
nb_des
10-09 02:37 PM
It will be other way round that nurses/PT will be stuck waiting for EB3 dates in April 01. Most of nurses/PT will have PD of 06 or 05.
Do not forget that the nurses / ph Therapist category swallows bunch of or all of EB3 visa numbers. This category is always current and they can make this EB3 to get stuck in April 22'01 for years.
Unfortunately most of the nurses also come from India I beleive. Some come south africa and phillipines. Do we have any data on this anywhere?
Do not forget that the nurses / ph Therapist category swallows bunch of or all of EB3 visa numbers. This category is always current and they can make this EB3 to get stuck in April 22'01 for years.
Unfortunately most of the nurses also come from India I beleive. Some come south africa and phillipines. Do we have any data on this anywhere?
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