amsgc
06-20 08:18 PM
Your status is valid only till the date on your most recent I-94. AFAIK, you have three options:
1) Re-enter the country before your current I-94 expires. OR
2) Go the Customs and Border Protection (CBP) office at the nearest international airport and have it corrected. They will update the duration of status in the system.
3) File for an extension with the USCIS
The advice given below is incorrect.
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
1) Re-enter the country before your current I-94 expires. OR
2) Go the Customs and Border Protection (CBP) office at the nearest international airport and have it corrected. They will update the duration of status in the system.
3) File for an extension with the USCIS
The advice given below is incorrect.
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
wallpaper famous Abstract painting,
willIWill
07-16 01:01 PM
Thanks for the suggestions Rockstart.
Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.
One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.
Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.
One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.
das0
06-16 09:50 PM
InTheMoment,
Thanks for your thoughts.
H1B is dual status.
Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.
Question is:
If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?
I thought EAD (though I-485) and H1b are independent ?
Pls advise
Thanks for your thoughts.
H1B is dual status.
Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.
Question is:
If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?
I thought EAD (though I-485) and H1b are independent ?
Pls advise
2011 #39;Bani Thani#39; the famous image
Circus123
01-09 02:57 PM
Just to add a comment to my previous reply ---This is the best case scenario looking at the trendz nowadays ...
EB3 June 01
EB2 Dec 2000
EB3 June 01
EB2 Dec 2000
more...
yak2121
03-25 12:36 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
Gravitation
11-19 10:30 AM
For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).
more...
dilipb
04-21 04:38 PM
Wow!
2010 his most famous paintings,
psvk
08-06 12:08 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
Congrats
Congrats
more...
jonty_11
07-16 03:28 PM
please also post ur details, PD, Country ND, RD etc...
hair famous paintings. I LOVE
desi3933
06-25 10:41 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
This is one of the biggest myths amongst H1 workers in USA.
All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.
There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.
Please consult a good lawyer before signing any such contract.
Not a legal advice
-----------------------
desi3933 at gmail.com
This is one of the biggest myths amongst H1 workers in USA.
All depends the terms and wordings of the "Employment agreement". For example, if one is sent for 2 weeks training in, say, .Net 2.0 Technology and its cost is $8000, then agreement could have clause for paying back $8000 to employer if left employment within one year.
There are, of course, other things involved and it is a complex subject. In short, Employment Agreement given enough ammunitions for employer to file at least a civil suit against employee.
Please consult a good lawyer before signing any such contract.
Not a legal advice
-----------------------
desi3933 at gmail.com
more...
chanduv23
03-14 12:07 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
This trickling effect was already discussed. It is from murthy.com .
hot Apollo#39;s most famous love
raysaikat
10-19 06:05 AM
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.
The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Since you do not have H1-B status, you cannot start working unless you actually receive I-797 (i.e., H1-B approval) and I-94 form. The hospital that wanted you to start working immediately might not know that you do not have H1-B status, or the staff may not understand how the immigration status works.
The premium processing only guarantees that you give get a decision on your case in 2 weeks; i.e., if approved, you will get an I-797. USCIS may attach I-94 to the I-797 in which case you do not need to go out of the country before you can start working. However, my guess would be that I-797 would not have an I-94 attached. In that case, you need to go out of the country, apply for and obtain the H1-B visa (i.e., the visa stamp on your passport) and re-enter US (at which time you will get your I-94).
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
more...
house Pop Art Pops Love Into Your
GCHope2011
05-15 11:25 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
tattoo Vincent Van Gogh#39;s paintings
gman
07-29 09:55 PM
Safer way is to get legally married before GC gets approved. You can file her I-485 when she comes to the US.
more...
pictures Our famous impresionist - Ivan
guchi472000
07-01 04:09 PM
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
dresses most famous painting.
vasa
07-16 11:50 PM
yes, everyone at hill knows that we pay taxes/abide by the law and still gets screwed because we dont have any representations!...
why is NumberUSA and other groups on CNN/FOX and other channels and our story is just passing comment..
we need to confront these people with fact check; like there is a thread for Lou Dobbs fact check.
why is NumberUSA and other groups on CNN/FOX and other channels and our story is just passing comment..
we need to confront these people with fact check; like there is a thread for Lou Dobbs fact check.
more...
makeup In every living thing there is the desire for love
ikass
06-01 08:32 PM
Can IV help with reaching out to Media or leading magazine to provide some light into the plight of legal immigration? We don`t see articles written or spoken about our plight. IV can direct some resources to this effort and I`m sure we can provide 100s of unique stories of aspiring legal immigrants waiting for some action. Especially, if it can help congress pass 1 or 2 small amendments with other bills this Summer. Fellow IV members who are in the same situation, please share your ideas for legislation.
girlfriend World#39;s Most Famous Social
gsc999
01-18 02:09 PM
waiting, just sent you a pm with details.
Guys, couple of things:
- If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
- I have added a poll to get a better idea on the number of people
- Feel free to bring your spouse/kids/friends to this event
Cheers!
Guys, couple of things:
- If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
- I have added a poll to get a better idea on the number of people
- Feel free to bring your spouse/kids/friends to this event
Cheers!
hairstyles much I love art because I
Kalidindi
07-30 12:46 PM
I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,
gcseeker2002
05-29 03:50 PM
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
indio0617
12-13 12:53 PM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
No comments:
Post a Comment