smisachu
01-12 03:53 PM
I have a similar question. I used AP and my I 94 will expire soon. How do you renew validity of I94. I do have a valid H1 till 2010. My EAD expired but I did not renew it as I don't intend to use it. AP also has to be renewed.
Please advise if I-94 has to be renewed or am I good as my H1 is valid.
Thanks
Please advise if I-94 has to be renewed or am I good as my H1 is valid.
Thanks
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andy garcia
02-21 09:22 AM
I don't have the stats right in front of me, but it is my impression that except for a few odd years (FY06 comes to mind), EB-1 did not max out its numbers. Using EB-1 for L-1 executives is a relatively new idea.
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
This is the EB1 the usage for the last 14 years
06 = 36,960
05 = 64.731
04 = 31,291
03 = 14,544
02 = 34,452
01 = 41,801
00 = 27,706
99 = 14,898
98 = 21,408
97 = 21,810
96 = 27,501
95 = 17,339
94 = 21,053
93 = 21,114
The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.
pune_guy
06-06 01:11 PM
For H4:
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
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dilvahabilyeha
07-26 12:33 PM
Your Lawyer should advice what he is supposed to do. Don't take the ownership of doing something afterwhich lawyer would on your back. So be on his/her back and they should handle it. They can send a letter and the correct copy of your MC with the reciept #. How did you know that the MC was different, did your coworker shout at you ;)
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Jerry2009
05-11 01:47 PM
Hi desimass77. How do you convince the school that you are qualified?
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
mpsamant
07-24 06:32 PM
Dear IV:
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
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txh1b
08-18 01:28 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.
2010 JUSTIN BIEBER PHOTOSHOOT 2011
bibs
07-26 10:11 AM
I havenot received the I-485 receipt yet , is it mandatory?
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qualified_trash
10-17 07:31 AM
It means you will be able to get your EAD in a few weeks, based on your ability to file for I-485. The real thing ... well it can take anywhere between 8-9 months to more than 3 years, depending on how quickly FBI completes your name check and how slow or fast the USCIS service center is.
While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.
While it does mean you WILL be able to get your EAD. you have to apply for the EAD when filing for 485. for people who have a valid H1, it makes sense to apply for an EAD for the spouse.
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arnet
09-08 01:47 PM
DOB certificate is important for all applicants (including spouse and children) but if you cant get it, some advise to get affidavit from parents and Non-Availability Certificate from the local municipal corporation in your place of birth as a substitute for DOB certificate. But USCIS filing procedures are constantly changing so be careful to check with your attroney to avoid future queries because they might say they cant accept this substitution anymore.
Disclamer: check with your attroney for your situation as I'm not an attroney.
Disclamer: check with your attroney for your situation as I'm not an attroney.
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gc_check
02-13 04:34 PM
Hello All,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
hot quot;Her Vanity Fair and
drirshad
11-12 12:11 PM
What if you have used AC-21 before getting GC ......
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
Would that allow you quit the employer sooner than 6 months after GC as this is not the employer who sponsored the GC in first place.
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skarthy
08-12 05:47 PM
They sent an biometric appointment on 8/10. Not sure if it was becasue I called them or the address change.
also it went to the old address. wonder why ? I have to call them and confirm again.
Also got an email from CRIS saying "additional info needed" not sure if they mean the biometrics or they need something else.
anyways, just wanted to let you know that its taking time but its comming. saw a lot of people inmy same boat.
also it went to the old address. wonder why ? I have to call them and confirm again.
Also got an email from CRIS saying "additional info needed" not sure if they mean the biometrics or they need something else.
anyways, just wanted to let you know that its taking time but its comming. saw a lot of people inmy same boat.
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cygent
11-28 01:10 AM
Same with my case any guesses are welcome.
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.
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pictures Kristen Bell Vanity Fair
rjgleason
February 27th, 2004, 07:45 AM
I cannot possibly comment bob...
but I do get noticed in this country...
hehe
http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg
Sure you can...........and sure you do.
but I do get noticed in this country...
hehe
http://www.dphoto.us/forumphotos/data/500/15128T3300-med.jpg
Sure you can...........and sure you do.
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seahawks
07-11 08:47 PM
Lets all focus our energies on a common cause. I understand feelings and we do vent and we do find interesting articles to quote from and I know there is no bad intent. However we need lawmakers to fully understand our cause. Its the simple theory "why do you I have to care about you, if you are looking ways to have laugh at me":) Pen is mightier than a sword is the common phrase, in this case "keyboard" is! Have fun and did I hear CIR is dead, I know there will be something in the form of immigration bill passed before the election based on all I read and it won't be an enforcement only bill. They are having hearings around the country, something will work out for sure, at least thats what I hope for.
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InLineOnLine
03-10 06:57 PM
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seahawks
10-29 01:49 AM
bump...Washingtonians.. please come and join us for the meet!
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srinivasj
05-18 02:13 PM
Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D
I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...
I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...
styrum
01-12 04:34 PM
http://en.wikipedia.org/wiki/Writ_of_Mandamus
krishna_brc
02-18 02:45 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
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