lazycis
02-12 03:42 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
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sheela
08-06 07:58 PM
I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to
register."
I sent you PM. Please, check the same
register."
I sent you PM. Please, check the same
katewill
08-18 02:12 PM
just being cautious the regular 140 aready submitted might take more time if resources are put to premium 140
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gcwait2007
02-15 11:48 AM
I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
more...
vaishnavilakshmi
06-22 11:16 AM
Hi,
U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.
Hope this helps u,
vaishu
U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.
Hope this helps u,
vaishu
PD_Dec2002
03-08 11:18 PM
Here's the guidance from U.S. Customs and Border Protection on your query: http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=MEmYDe-i&p_accessibility=0&p_redirect=&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9MSwxJnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZ wX2N2PSZwX3NlYXJjaF90eXBlPWFuc3dlcnMuc2VhcmNoX25sJ nBfcGFnZT0xJnBfc2VhcmNoX3RleHQ9STk0&p_li=&p_topview=1
I am also copy pasting the same content if you cannot open my link.
How to record departure from the United States after the fact.
Question: I did not turn in my I-94 when I left the U.S., what should I do?
Answer:
If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.
If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
* ACS - CBP SBU
* 1084 South Laurel Road
* London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.
To validate departure, CBP will consider a variety of information, including but not limited to:
*
Original boarding passes you used to depart the United States;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
*
o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
o Dated bank records showing transactions to indicate you were in another country after you left the United States,
o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
Regards,
Jayant
I am also copy pasting the same content if you cannot open my link.
How to record departure from the United States after the fact.
Question: I did not turn in my I-94 when I left the U.S., what should I do?
Answer:
If you returned home with your Department of Homeland Security Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it means that your departure was not recorded properly. It is your responsibility to correct this record. You must provide U.S. Customs and Border Protection (CBP) sufficient information so we can record your timely departure from the United States. This will close out your earlier record of arrival to this country.
If you do not validate a timely departure from the United States, or, if you cannot reasonably prove otherwise when you apply for admission to the U.S. in the future, CBP may conclude you remained in the U.S. beyond your authorized stay. If this happens, the next time you apply to enter the U.S. your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
In particular, visitors who remain beyond their permitted stay in the United States under the Visa Waiver Program cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. If this occurs and you arrive at a U.S. port-of-entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
* ACS - CBP SBU
* 1084 South Laurel Road
* London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future.
To validate departure, CBP will consider a variety of information, including but not limited to:
*
Original boarding passes you used to depart the United States;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
*
o Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
o Dated bank records showing transactions to indicate you were in another country after you left the United States,
o School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
o Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to ACS-CBP and carry it with you the next time you come to the United States in case the CBP officer has any questions about your eligibility to enter.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W). It should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
Regards,
Jayant
more...
waitingimmigrant
10-21 05:18 PM
he he .. was wondering the same... was thinking it was about a different time dimension :P....
this time it is revised under "Reuniting Families Act" ... lets see how this goes...
Expecting the ... and hoping for the best :)
this time it is revised under "Reuniting Families Act" ... lets see how this goes...
Expecting the ... and hoping for the best :)
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jaggu bhai
08-23 11:53 AM
Yes.....HIb is correct....
As she is free, she is planning to finish her studies in 1.5years....
as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
Anyways the process itself will take 3months......as per current times.
Miracle or no miracle will be the point now???
As she is free, she is planning to finish her studies in 1.5years....
as there is a requirement for 1year F1 status to use OPT, we have to take a decision now...
Anyways the process itself will take 3months......as per current times.
Miracle or no miracle will be the point now???
more...
ArkBird
09-14 11:46 PM
Thanks for sharing your experience.. BTW, were you using your AP for the first time? I have heard that while traveling on AP you need to go through secondary screen, which takes time. Is that true?
Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.
HTH
Yes you have to go to secondary inspection. Time depends on how many other people are referred to secondary inspection. There will be some with AP some with other issues. In my case, there were 7-8 people ahead of us and it took close to 90 minutes.
HTH
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ca_immigrant
05-14 11:40 AM
So, this so called nice card...how does it come?
I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?
I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)
Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)
So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....
Thanks for your replies Folks !!
I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?
I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)
Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)
So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....
Thanks for your replies Folks !!
more...
ohguy
02-12 10:06 PM
Yesterday I got emails that both me and my wife's 485 were transferred to TSC from NSC although I am staying in Ohio which comes under NSC. It could be the load balancing I think. I hope it's good cos TSC is much faster to process 485 applications. Mine is EB2 March 2006.
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ramaonline
02-28 07:17 PM
You can find some good info on the msn R2I message boards
http://groups.msn.com/R2IClub/general.msnw
http://groups.msn.com/R2IClub/general.msnw
more...
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jamesbond007
11-02 01:57 PM
All,
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
Definitely congratulations would be in order.
But I hope they do not get questions whose answer can be a simple Yes/No. Rather they ought to be for which he would give some detailed actions: What are you going to do to turn around this economy?
What are you going to do to reduce the wait time for highly skilled immigrants waiting for GC?
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
Definitely congratulations would be in order.
But I hope they do not get questions whose answer can be a simple Yes/No. Rather they ought to be for which he would give some detailed actions: What are you going to do to turn around this economy?
What are you going to do to reduce the wait time for highly skilled immigrants waiting for GC?
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gc_chahiye
12-18 07:04 PM
Even approved GC and Neutralized Citizenship certificates also can be revoked, if it was found later that there was some fraud involved in it.
I know the GC and citizenship process is long and hard, but did not realize it required such sacrifices (http://www.urbandictionary.com/define.php?term=neuterizing)... :D
I know the GC and citizenship process is long and hard, but did not realize it required such sacrifices (http://www.urbandictionary.com/define.php?term=neuterizing)... :D
more...
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karanp25
07-06 03:34 AM
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.
Thanks
Friends, I would like to know if I change job after I-140 & I-485 approval, do I still need to notify USCIS about AC-21. Also, will it require my new employer to provide a letter of job duties to confirm that the new job is either same or similar to the old one.
Thanks
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amsgc
12-18 02:22 AM
See response below:
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
- You don't need a transit visa for Schipol.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
- You don't need any other document; you can carry the I-485 receipt notice.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
- visa forms + appointment letter
- Original I-797
- Employment letter
- Original marksheets/degrees as a basis for your H-1B app
- copy of your H-1B petition + LCA
- Pay stubs
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
Hello all:
I have few questions related to my travel plans to India. We will be leaving in January 2009.
We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.
1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.
- You don't need a transit visa for Schipol.
2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.
- You don't need any other document; you can carry the I-485 receipt notice.
3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?
- visa forms + appointment letter
- Original I-797
- Employment letter
- Original marksheets/degrees as a basis for your H-1B app
- copy of your H-1B petition + LCA
- Pay stubs
I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!
RPH
more...
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sri1309
11-04 06:33 AM
All,
Please congratulate the new President. Send your messages.
Please congratulate the new President. Send your messages.
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chanduv23
11-18 03:11 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.
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arnab221
08-13 10:40 AM
Lets do it LAGAAN style . Play a Cricket / American Football match with USCICS .
1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D
2) If USCIS wins then let them introduce double retrogression . :mad:
1) If EB immigrants win, all immigrants for the next 3 years will get GC immediately .:D
2) If USCIS wins then let them introduce double retrogression . :mad:
teachamerica07
08-01 06:04 PM
Will it work if the parole stamp on I 94 has expired ?
Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
Thanks for your input .
Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
Thanks for your input .
karthkc
03-18 01:38 PM
what is GC sponser? ABC company couldnt find a project for me. So i am on bench.
GC Sponsor is the employer who has started your Green Card process...
How did you get your EAD?
GC Sponsor is the employer who has started your Green Card process...
How did you get your EAD?
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