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  • sandyn16
    11-01 12:30 AM
    I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
    I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
    I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
    Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.





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  • bandhu
    02-04 08:07 PM
    i was totaly upse about this post, here is my correct entry

    definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),

    I did not know moral contractors like u r here otherwise wud hv contacted u before USCIS.
    BTW: What good are YOU doing to this country?





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  • Jaime
    09-12 05:02 PM
    Come to DC or we will send "Churi Chikkanna" after you...LOL

    Not exactly sure who Churi Chikkanna is, but we will definitely recruit him/her and send him after anyone who does not attend the rally!!!

    Only kidding of course

    SERIOUSLY GUYS THIS IS THE TIME TO ACT! EVERYONE TO WASHINGTON!!! ALREADY MANY PEOPLE CHANGED THEIR MINDS AND DECIDED TO ATTEND!!! WHAT IS STOPPING YOU??? TELL US AND WE'LL HELP YOU IN ANY WAY (EVEN WITH TRAVEL MONEY) SO THAT YOU CAN MAKE IT!!!!





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  • 24fps
    02-23 11:05 PM
    hmmn, i am seeing a HUGE jump in H1b cancellations in this forum, maybe there should be a separate thread dedicated to the cancellations so we can deduce some pattern or trend.



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  • black_logs
    05-02 12:25 PM
    http://www.usatoday.com/news/nation/2006-05-01-immigration-asians_x.htm

    NEWS

    Asians are becoming more vocal in the debate

    Wendy Koch

    875 words

    2 May 2006

    USA Today

    FINAL

    A.7

    English

    � 2006 USA Today. Provided by ProQuest Information and Learning. All Rights Reserved.

    In New York City's Chinatown, Asian immigrants held hands and formed a "human chain" at 12:16 p.m. Monday to highlight the day, Dec. 16, when the House of Representatives voted for a bill that would make illegal immigrants felons.

    In Philadelphia, Korean activists held a forum on immigration. In Los Angeles, they encouraged employers to let workers take the day off to join a march down Wilshire Boulevard.

    Latinos have been the face of recent immigration rallies, but Asians and Asian-Americans are increasingly joining the protests or taking their own approach. They are speaking out on issues such as reducing the wait times for visas for family members or green cards for skilled workers.

    "This is a turning point for them. More Asians are joining into this larger civil rights movement," says Pueng Vongs, an editor at New America Media, a consortium of ethnic news media.

    "Our community has been fairly slow to mobilize, but we are definitely working together now," says Daniel Huang, policy advocate for the Asian Pacific American Legal Center. He says Spanish radio stations helped Latinos organize quickly for rallies, but varying languages mean it's harder to reach Asians that way.

    People of Asian ancestry were 13% of the 11.1 million undocumented population in a 2005 Census survey, says Jeffrey Passel, senior research associate at the Pew Hispanic Center. Four countries -- China, India, the Philippines and South Korea -- accounted for most of them.

    Korean-Americans have been among the most vocal Asians in the immigration debate, Huang says.

    "We have a particularly large undocumented population," says Eun Sook Lee, director of the National Korean-American Service and Education Consortium. She says 18% of the Korean population in the USA is undocumented.

    Vongs says Korean-American businesspeople, who hire substantial numbers of Latinos, are concerned about penalties they could face as employers.

    The Korean Apparel Manufacturers Association in Los Angeles sent a memo to its 1,000 members urging them to allow workers to take Monday off.

    "We don't want this to be a racial issue," says Mike Lee, the group's president, noting that many of the employers are Korean- American but the workers are Latino. Lee, a former U.S. Army officer who owns an apparel factory, joined a march Monday, as did all his Latino workers. Only a handful of his Asian workers took the day off.

    The Chinese community has been less active until recent weeks, Huang says, noting their large turnout at rallies April 10.

    "Chinese are sort of a quiet, conservative community," says Cat Chao, host of the radio call-in show Rush Hour on Chinese-language station KAZN in Los Angeles. She says that when Latinos organized the initial protests, many of her callers admired their activism. Now, she says, many say the activists have gone too far and call Monday's boycott too "aggressive."

    Aman Kapoor, a software programmer from India at Florida State University, didn't join the boycott. His venue: the Web. Four months ago, he posted a message about his years-long, ongoing wait for a green card, which documents an immigrant's permanent legal residence in the USA. He says 3,400 workers like him, who have H-1B visas to take "highly skilled" jobs employers couldn't otherwise fill, formed Immigration Voice. Most come from India or China.

    "We don't know the system here," Kapoor says, explaining why the group hired the lobbying firm Quinn Gillespie & Associates. The firm is helping the group urge senators to expedite the green-card process and change rules so some applicants enduring a long wait could change jobs.

    More than other immigrants, Asians tend to be well-educated, professionally employed and in the USA legally, Passel says. About 10% of the Asian and Pacific-Islander population in the USA is undocumented, compared with 19% of the Latino population, he says.

    The difference in legal status helps explain why the Asian community is less concerned than Latinos about legalization, says Karin Wang, an attorney for the Asian Pacific American Legal Center.

    In a March poll of 800 legal immigrants by New America Media, 39% of Asian-Americans favored deporting all illegal immigrants; 9% of Latinos supported the idea. Forty-seven percent of Asian-Americans favored erecting a wall along sections of the U.S.-Mexican border; 7% of Latinos did.

    Vongs says Asian immigrants are more concerned about human trafficking, the smuggling of people into the country for forced labor, sexual exploitation or other illicit purposes. "The highest number of people trafficked are Asian," she says. "It's primarily for the sex trade."

    Civil liberties is another issue, Huang says. He says the House bill would make some misdemeanors, including drunken driving, a reason to deport someone. That could leave some people in U.S. prisons indefinitely because some Asian countries -- Vietnam, Laos and China -- permit few deportees to return.

    Reuniting families is another concern of Asian-Americans. Huang says children or spouses of U.S. citizens wait one to two years for a visa to the USA, but parents, siblings and other relatives wait five to 12 years.





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  • shiankuraaf
    01-06 09:30 AM
    I gave you RED for a misleading title for this thread. Be nice and clear.

    Thanks for the REDs and as well the GREEN. Appreciate OP for changing the title and gave a green.

    Regarding prediction: No change what so ever.



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  • uslegals
    11-04 12:31 PM
    Can somebody please advice reg. this..Thanks!





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  • sduddukuri
    02-23 08:27 PM
    I have applied for renewal of H1b and H4 by premium processing on 10-Jan-2010 based on pending green card. I got an RFE for my H1b for which my employer replied on 10-Feb-2010. My H1b got approved where as my wifes H4 got rejected on 22-Feb-2010. Still waiting for denial letter from USCIS. My wifes I-94 got expired on 11-Feb-2010. So is she out of status since 11-Feb-2010. What are my options. Is it better to re-open (MTR) case or go to india and re apply for H4. how is this out of status going to affect her chances of getting renewd in India or her green card application. Any other ideas. Please help.



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  • gc_check
    07-19 10:17 AM
    I have to apply for my wife as my derivative of 485. My 485 was approved on July 8th 2010. Below is the timeline

    July 1st - Applied Wife's 485
    July 8th - My 485 was approved
    July 13th - Wife's 485 Denied due to outdated forms
    July 14th - My H1, Wife's H4 and I-94 Expired
    July 19th - Planning on sending a new 485 application for spouse

    I'm mainly concerned about two things
    1. Is she out of status for 5 days from July 14th to 19th
    2. Can I still apply her as a derivative, as my 485 is already approved.

    Thank you,

    You can still apply for 485 since your wife is in US and also their is a 180 days window you can apply for 485 even the primary is approved on certain cases, Contact an attorney and apply asap without any delay and also have a document with all details. It is still possible to file 485 for your spouse.





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  • katneni2
    08-03 12:37 PM
    Thank you very much Karthik.Your email gave me lot of strength.I will keep posted.



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  • Krilnon
    11-10 10:31 PM
    I suspect that you're fine because it's still the 10th (and it'll be the 10th for a few hours more in Kirupa's timezone)!





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  • LostInGCProcess
    09-02 10:40 AM
    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.

    I think you are confused with the question. There is no mention of F1. The question is: If a person is on H1 and also has an EAD, what factor determines the switch from H1 to EAD? Are you suggesting one must travel out and in of the country to get the status changed from H1 to EAD? I don't think thats correct.
    Please read the question clearly and don't get confused. F1 and H1 are different....but one can have both H1 and EAD (when I-485 is pending).



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  • freedom1
    01-24 12:37 PM
    I turned out to be my I-485 approval notice!

    I just received it yesterday.

    Thanks all.

    Freedom1.





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  • perm2gc
    01-08 03:44 PM
    They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?

    Would like to get more insight on this issue.

    Thanks.
    Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...



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  • Nil
    11-04 01:34 PM
    {As per 8 C.F.R. � 204.5(e) in order to transfer your old I-140 priority date on to the new I-140, you have to ensure that the old I-140 is approved and will not be revoked by the employer or the USCIS. You have to then file a new PERM, once this is approved file a new I-140 and request that the PD of the old I-140 be ported to the new I-140. This is the process. }

    Thank You for clarifying.
    After the new PERM is approved, is it possible to actually premium process the new I-140?





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  • pitha
    01-21 12:12 AM
    IV in good faith shared there plan about 485 provision with everybody. And it backfired spectacularly, though for no fault of IV. There were (and still are) a lot of bad apples who made a lot of noise not just here but also went on to other sites to carry there agenda. There agenda is to oppose 485. I am not against idea of opposite point of view but look at the extent these people went to push there agenda. They are calling IV all sorts of names and casting aspirations on IV team.

    I personally support the filing of 485 provision. But whatever decision IV has about 485 issues may be it is better of that they not disclose it. Hind sight is 20-20 but it might have been better if IV pushed this idea without informing everybody.
    I am not second guessing or doing Monday night quarterbacking but just saying with the lessons learned going forward not to disclose information. Democracy does not mean leadership has to run by each decision or explain each decision to everybody. IV is stuck between the devil and deep sea. Damned if the disclose damned if they do not disclose. Bottom line of what I am trying to say is we should get used to information blackouts. We are not getting any information but the important thing is our opposition is also not getting information about IV plans. It might be better that way. Now the difficult part is explaining that to people who want updates.



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  • johnmcdonald98
    08-16 06:04 PM
    all the best with your wife's SSN application. My wife got her EAD 2 months ago and next day only we applied for SSN. Still waiting to get one. We called them after 4 weeks of application and they say they are waiting from USCIS to respond with the legal status (confirming EAD) to issue this number. So after 2 months still status is same.
    I asked them if there is anything we could do, answer is none.
    Can i speak with your supervisor to get more info, answer is same.

    According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...





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  • eb3retro
    03-16 02:21 AM
    I just entered US using AP, and i am not working for my GC sponsored employer. POE is SFO, I had no issues. I will update this post with all the details tomorrow (since i am very tired after travelling). But just thought I will post this thread to let know that you may not have any issues if you dont work for the GC sponsored employer and enter using AP.

    Update to my post:

    Yesterday I entered US (POE = SFO) , all 3 in the family using AP. We also have one US citizen child. Used the visitors line. First level officer stamped the US citizen passport and gave it and told all 3 of us to go to the secondary. No other questions was asked.

    Went to a seperate room for secondary. There were around 15 people. We placed our passports in the holder there. 3 officers were there calling each one and asking them some questions. I was very much worried abt the much dreaded question - "are you working for the same company that sponsored ur GC". But to our greatest surprise, the officer checked everything in his computer, took one of the given 3 APs, put a parole stamp until one year from yesterday and gave us back 2 copies each. We were not even called to the counter. The officer did this and bought all the passports back to the seats where we were waiting. and he told us we are all set and said "Welcome back".. We believe that they did not call us because, we had a child with us. Thats it..so no issues. So dont worry folks, i hope and pray everyone should be ok for those who use AP.





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  • sircaustic
    07-24 08:49 AM
    so should I be answering "Yes" to all three questions? No sure if that would be correct though...





    pani_6
    06-05 09:51 AM
    I think next month its predicted that the Visa numbers will move forward and then retrogress again...so in October again there may be forward movement..what do you guys think!





    lskreddy
    11-18 11:07 PM
    you will have to pay the new fee, which is $305. Do efiling, it is easy and convenient.

    Thanks for the info.

    Is e-filing an option for folks like me who did not submit the I-131 form while I filed I-485?

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD

    USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.

    Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.

    I tried reading the above but could not conclude whether I should or not. Was this announcement valid only until 08.17.07 or forever?



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