johnimmi
01-08 10:39 AM
Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.
So if possible it's better to go in person and explain. My 2 cents.
I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.
1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.
4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
local CBP - Deferred Inspections Office. He is working on getting some paper work ready.
However, another way to get by this issue would have been to file for a H1-B renewal before my
new I-94(the one issued at the POE) expired.
My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.
Thanks for all the great info in this thread guys!!
regards
John.
So if possible it's better to go in person and explain. My 2 cents.
I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.
1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.
4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
local CBP - Deferred Inspections Office. He is working on getting some paper work ready.
However, another way to get by this issue would have been to file for a H1-B renewal before my
new I-94(the one issued at the POE) expired.
My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.
Thanks for all the great info in this thread guys!!
regards
John.
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ajju
10-09 01:04 PM
If I plan to use EAD instead of H1/H4... Do I still need to maintain I-94??
This is a very valid question for spouses on H4 using EAD... When their H4 I-94 expires, they won't get a new I-94 unless travel outside country... This is little confusing.. May be we've some one with better knowledge about this issue...
This is a very valid question for spouses on H4 using EAD... When their H4 I-94 expires, they won't get a new I-94 unless travel outside country... This is little confusing.. May be we've some one with better knowledge about this issue...
gc_chahiye
12-18 04:28 PM
With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.
IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.
:) true, a LOT of people are going to be getting very familiar with AC-21/AP/EAD.
Back when the July VB was first published, even the birth registrar in my hometown knew about the dates becoming current (when tons of parents all landed up in his office within a day or two, trying to get certificates for their children here :)
Airline folks who used to see a few APs here and there, are now going to be seeing a lot more people APs.
HR folks are going to be more familar with AC-21 and EAD...
IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.
:) true, a LOT of people are going to be getting very familiar with AC-21/AP/EAD.
Back when the July VB was first published, even the birth registrar in my hometown knew about the dates becoming current (when tons of parents all landed up in his office within a day or two, trying to get certificates for their children here :)
Airline folks who used to see a few APs here and there, are now going to be seeing a lot more people APs.
HR folks are going to be more familar with AC-21 and EAD...
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Steven-T
January 30th, 2004, 02:24 PM
And any time a product drops by 50% in 1 year its normally not a good sign. Scott
One benefit in staying with Nikon, at least for the time being, is that I don't have to compete with DavidP & Co. for those abundant "9, 9+, 10, R, D etc" rated used Nikon lenses on the market (B&H, Adorama ...). LOL.
Steven
One benefit in staying with Nikon, at least for the time being, is that I don't have to compete with DavidP & Co. for those abundant "9, 9+, 10, R, D etc" rated used Nikon lenses on the market (B&H, Adorama ...). LOL.
Steven
more...
gxtrader
09-25 11:30 PM
Car Production ordered. Travel document approved. When will I recieve FP notice? Any idea?
USCIS really feeling guilty with all these delays.....starting to give out cars! :D
USCIS really feeling guilty with all these delays.....starting to give out cars! :D
sidbee
06-04 06:47 AM
Congrats on getting your green card. Your post and attitude is the exact reason why DOL has made it almost impossible to get EB2 certification especially in the software field and why people despice consultants like you and your desi employer.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
You yourself said, The job requirement decides the category. So if a EB3 guy gets promoted and that job requires EB2, There is no law that stops him from applying in EB2.
I am myself against Desi Consultants, who have no respect for law.But what you wrote above is not against law.
Congrats buddy on getting your GC,
Being an Indian, I really hate Indians, for being envious of other indians.
You said in your post "Appiled for EB3 labor in jan 2004, even though i am qualified for EB2" dear sir its not your qualification that determines whether you get to file in eb2 or not but it is what the job requirements are that determine whether it is eb2 or eb3.
Another line from your post "After realizing that the dates will never become current for EB3, my desi employer files for EB2 labor" this and the previous line clearly show that you and your desi employer have no respect for the law. It is because of blatant abuse like this that DOL is cracking down on eb2 filings. Now thanks to people like you and your desi employer who have abused the law now even eb2 india might never become current because tons of people have already ported and spillover to eb2 is not happenning anymore like previous years. People have realized even eb2 india is never going to move beyond 2003 so "consultants" like you and desi companies have moved on to abusing eb1. Seems like you are proud of your achievement just like the L1 folks from desi companies who brag about getting green card in less than an year by abusing L1.
To all the people who think they can pull a trick like mr salawrene by filing in eb2 again hard luck there are 120000 485 applications with USCIS with eb3 and eb2 having about 60000 each, because of abuse in Eb1 no more spillover of visa numbers to eb2 india wil occur so eb2 india will not move forward, on top of it dol is cracking down on eb2 filings. eb2 might start moving backward to 2003 or 2002 and will remain stagnant like eb3 because no visa spillover is happenning.
because of desi consultants and desi employers abusing the system the whole EB community is suffering, high time we respected the law and stop this practise. for speaking the bitter reality if eb2 and eb1 abusers, consultants, desi employers want to give me a red go ahead and do it, but ask yourself have I said anything which is incorrect
You yourself said, The job requirement decides the category. So if a EB3 guy gets promoted and that job requires EB2, There is no law that stops him from applying in EB2.
I am myself against Desi Consultants, who have no respect for law.But what you wrote above is not against law.
Congrats buddy on getting your GC,
Being an Indian, I really hate Indians, for being envious of other indians.
more...
MightyIndian
12-19 10:36 AM
I took an infopass appointment on 12/13 and met with an IO. All the IO did was to e-mail the service center for FP. I now see two soft LUDs on 12/15 and 12/18 on my I-485. I don't know if these are related to the generation of FP notice or something else.
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rockstart
06-30 03:35 PM
Your BE degree will be considered equivalent to guys who have 12 + 4 from India. After all you have a fulltime 16 years education with same degree that 12+ 4 guys have. I think AMIE is getting the flak because its considered part time degree ( I know how difficult it is to manage job & AMIE studies) but that is how USCIS is interpreting it at the moment.
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
more...
singhsa3
07-30 03:45 PM
Most likely it is an interview, I have a colleague who has similar case. But the outcome was positive. Of course, it was not immediately but they got it within three months.
Do you think he will get his case approved on the spot after interview as dates will be current at that time?
If yes, then it is worth the tension we are having.
Do you think he will get his case approved on the spot after interview as dates will be current at that time?
If yes, then it is worth the tension we are having.
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immivjj
09-26 02:14 PM
Hi,
My passport expires in Nov, '07 and am planning to travel to India shortly. I would like to know if we are required to submit the original/copy of I-94 for passport renewal.
Your answers are very much appreciated.
My passport expires in Nov, '07 and am planning to travel to India shortly. I would like to know if we are required to submit the original/copy of I-94 for passport renewal.
Your answers are very much appreciated.
more...
dilbert_cal
03-17 02:22 AM
1. Whats wrong with the profile - care to elaborate ?
2. He = ganguteli OR ...?
If you meant the person who posted on the other site, then I disagree with your opinion. Using words like the one used above, regardless of whether hidden behind asterisks or not , is not the right thing to do.
2. He = ganguteli OR ...?
If you meant the person who posted on the other site, then I disagree with your opinion. Using words like the one used above, regardless of whether hidden behind asterisks or not , is not the right thing to do.
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snathan
02-11 12:17 AM
Please contribute....
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
more...
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bekugc
04-18 03:23 PM
bitu,
when did u apply or ur 485? im asking for ur RD/ND on the 485.
also which service center.
thanks
when did u apply or ur 485? im asking for ur RD/ND on the 485.
also which service center.
thanks
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a_paradkar
05-12 04:49 PM
if their is any spill over then
the dates of China and India will be same for EB2 in July VB. then the actual spill over will happen in Aug & Sep... assuming the prediction numbers are true.
the dates of China and India will be same for EB2 in July VB. then the actual spill over will happen in Aug & Sep... assuming the prediction numbers are true.
more...
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kumarc123
11-24 02:53 PM
Instead of asking for more bread, we are fighting ferociously for the scraps like dogs!
It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.
Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.
I agree with you my friend, lets see if this guy really shows up for the rally in Dc.
All those who wants to divide EB2 and EB3, can wait for their part of bread crumbs. I want the whole slice of bread, for which I believe a recapture visa bill is necessary.
I am coming to DC rally and for the Lobby. Are you? Are you going to sit home, watch TV news or will you be the part of making that news?
Administrator please close this thread, we are IV a united team and not EB2 or EB3.
All the junior members who are joining remember, July fiasco happened because IV stood united as a community and not as a division.
It is a team play, haven't we all worked in US to understand the importance of team work?
Stand together or stand alone and wait to be blown away like a single leaf, CHOICE IS YOUR'S
We are not fighting for the one side cause but for EB community as a WHOLE
Walking dude soon we should start contacting the media groups about a big rally to held in March for legal immigrants.
1. Lets spread the word about the rally
2. The selfish ones on EAD who reply " I have EAD , I don't care" Ask them with the current economic situation, how long will they be able to retain their jobs? Secondly with the current bulletin status, are they ready to wait for next long years?
If it is a wise person, they will come to their senses.
Coolpal, I hope you are with us in this fight for recapture.
It was estimated by Compete America that if the last CIR had passed there would have been more than 500,000 visa numbers recaptured ( don't ask me for the math, I didn't come up with this number). Assuming that the Nurses took away a chunk of it, we still would have a big chunk to statify Eb3, Eb3, ROW, India, China etc. etc. And the nurses are going to walk away with a big chunk folks - whether we like it or not - because we are fighting each other like dogs for the scraps of the spillover, while they will come up well organized and walk away with the cake.
Our disunity, lack of long-term vision, lack of action is our biggest weakness. We will not win unless we fight this together.
I agree with you my friend, lets see if this guy really shows up for the rally in Dc.
All those who wants to divide EB2 and EB3, can wait for their part of bread crumbs. I want the whole slice of bread, for which I believe a recapture visa bill is necessary.
I am coming to DC rally and for the Lobby. Are you? Are you going to sit home, watch TV news or will you be the part of making that news?
Administrator please close this thread, we are IV a united team and not EB2 or EB3.
All the junior members who are joining remember, July fiasco happened because IV stood united as a community and not as a division.
It is a team play, haven't we all worked in US to understand the importance of team work?
Stand together or stand alone and wait to be blown away like a single leaf, CHOICE IS YOUR'S
We are not fighting for the one side cause but for EB community as a WHOLE
Walking dude soon we should start contacting the media groups about a big rally to held in March for legal immigrants.
1. Lets spread the word about the rally
2. The selfish ones on EAD who reply " I have EAD , I don't care" Ask them with the current economic situation, how long will they be able to retain their jobs? Secondly with the current bulletin status, are they ready to wait for next long years?
If it is a wise person, they will come to their senses.
Coolpal, I hope you are with us in this fight for recapture.
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breddy2000
03-26 12:12 PM
Guys:
It appears we did not get to have a leader for this chapter. Since I am in lansing Michigan, the heart of where all the lawmakers are in MI. I will be happy to coordinate any IV activity.
I have just sent some of you an email to contact me, so that we can plan to meet the lawmakers next week. Please send me your name, email add and phone number. Please send a PM or email.
Thanks
Thanks for taking this initiative.
Sent you PM with my details.
Thanks
It appears we did not get to have a leader for this chapter. Since I am in lansing Michigan, the heart of where all the lawmakers are in MI. I will be happy to coordinate any IV activity.
I have just sent some of you an email to contact me, so that we can plan to meet the lawmakers next week. Please send me your name, email add and phone number. Please send a PM or email.
Thanks
Thanks for taking this initiative.
Sent you PM with my details.
Thanks
more...
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ash0210
08-30 04:57 PM
I was amused by..."Undocumented is someone who had documents, but lost them"...Bravo...!!
Are you now on the 'undocumented immigration' thing ? Undocumented is someone who had documents, but lost them. Called them using the correct designation; illegal aliens.
Are you now on the 'undocumented immigration' thing ? Undocumented is someone who had documents, but lost them. Called them using the correct designation; illegal aliens.
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tonyHK12
11-12 05:46 PM
asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.
It looks like no one is watching the IV video posted above. The summary is:
1. IV is a non-profit, and these orgs have very strict tax laws.
2. If funds are misused, people can be put in jail and deported.
3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
4. Previous years annual reports are available.
Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month
The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
Its not directly going to benefit me, I'm still a long way off.
The person in the video is not me.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.
It looks like no one is watching the IV video posted above. The summary is:
1. IV is a non-profit, and these orgs have very strict tax laws.
2. If funds are misused, people can be put in jail and deported.
3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
4. Previous years annual reports are available.
Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month
The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
Its not directly going to benefit me, I'm still a long way off.
The person in the video is not me.
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Marphad
08-20 11:30 AM
There is no way to clean every thing with in 3 to 4 years, Why because like EB3 china and India had country limit per year.
Country limit is EXCLUDED for employment based visa spill over. Read USCIS policy.
Country limit is EXCLUDED for employment based visa spill over. Read USCIS policy.
guyfromsg
10-03 07:28 PM
I'm in the same boat, FPd on 9/20 no LUD so far. Besides calling FBI FP phone number and checking with them if the results have been sent to USCIS you can't do anything other than waiting. FP has nothing to do with name check.
Some people got LUD after FP and some didn't ( like me). Please do a Google search "FP no LUD" and you will see various forums in , Immigrationportal, IV and murthy talking about the same and there is no black and white answer. Good news is some people even got green card without any update on the LUD.
Yes I agree it's frustrating but our options are limited at this point :(
Some people got LUD after FP and some didn't ( like me). Please do a Google search "FP no LUD" and you will see various forums in , Immigrationportal, IV and murthy talking about the same and there is no black and white answer. Good news is some people even got green card without any update on the LUD.
Yes I agree it's frustrating but our options are limited at this point :(
canmt
11-20 09:09 AM
I received RFE on my 140 on nov 15th. I came to know about this when i checked the status online. It says on Nov 15th we mailed you a notice requesting further evidence . I-140 Receipt date is dec 11 2006. I do not yet know what the RFE is about. How many days does it take for the RFE to arrive normally ??
As USCIS sends out the RFE in regular mail, it takes about 4/5 business days to get it in hand. The lawyer and employer will add their buffer if they are busy or if the RFE is related to the employer, etc. The reason being once you know about the RFE you would get on top of them to send a response. They will use this opportunity to make bottom line money.
One good thing that USCIS had done is put time constraints on the RFE's (Though I don’t support this 100% as there are drawbacks). In earlier days the employer used to send response after 3/4 months so that they could delay the case as long as they can to have you tied down.
As I-140 is an employer's document, you might not have much say in this case. I suggest you to take it easy and watch out carefully in your benefit. Obtain a copy of the RFE before you do anything as there are lots of professional fraud lawyers out there who will do anything to make money.
I wish you good luck in your I-140 case.
As USCIS sends out the RFE in regular mail, it takes about 4/5 business days to get it in hand. The lawyer and employer will add their buffer if they are busy or if the RFE is related to the employer, etc. The reason being once you know about the RFE you would get on top of them to send a response. They will use this opportunity to make bottom line money.
One good thing that USCIS had done is put time constraints on the RFE's (Though I don’t support this 100% as there are drawbacks). In earlier days the employer used to send response after 3/4 months so that they could delay the case as long as they can to have you tied down.
As I-140 is an employer's document, you might not have much say in this case. I suggest you to take it easy and watch out carefully in your benefit. Obtain a copy of the RFE before you do anything as there are lots of professional fraud lawyers out there who will do anything to make money.
I wish you good luck in your I-140 case.
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