girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
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pd_recapturing
12-13 02:50 PM
There is no AC21 for derivative applicants. She can join any employer at any time. AC21 comes into picture only for primary applicant. Derivatives get almost a virtual GC in terms of EAD.
cyclone_p
07-20 09:51 AM
No updates. Waiting for FP notice.
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andhrawala
05-25 08:12 AM
I want to travel to India on Advanced Parole and faced with a dilemma whether to take the risk based on my situation.
I have worked with Company A (Vision Systems) which was indicted in visa fraud last year. They have applied for H1 extension but the extension approval never came. As a result My H1 expired in july 2009 and I have worked till November 2009 with the H1 being pending. Afterwards I moved to another company and started working with them on EAD (applied GC for future employment) and Company A revoked my pending H1.
My concern is Will I be considered for unauthorized employment for the period of my work with Company A while my H1 was pending from July to Nov 2009.
I have heard that all these things will be checked at the port of entry while entering on AP. Also, since I worked with Company A which was indicted in visa fraud will it trigger any flags to the officers even though I am not with that company right now.
I would like to take your advice about this.
I have worked with Company A (Vision Systems) which was indicted in visa fraud last year. They have applied for H1 extension but the extension approval never came. As a result My H1 expired in july 2009 and I have worked till November 2009 with the H1 being pending. Afterwards I moved to another company and started working with them on EAD (applied GC for future employment) and Company A revoked my pending H1.
My concern is Will I be considered for unauthorized employment for the period of my work with Company A while my H1 was pending from July to Nov 2009.
I have heard that all these things will be checked at the port of entry while entering on AP. Also, since I worked with Company A which was indicted in visa fraud will it trigger any flags to the officers even though I am not with that company right now.
I would like to take your advice about this.
more...
asdfred
06-08 11:18 PM
I do not think today is the day and tomorrow does not look any better..for Comprehensive Reform or Employment based reform..All we can do today here is just show some support to each other at IV
maverick80
02-11 06:40 AM
I was talking to an attorney over the phone today and she said that PERM can be filed followed by 140 even if I am outside the country (working for an overseas department of the company) and I can come back on L1 / H1B, because GC is for future employment.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
We were discuussing this because I was concerned that I may not be able to file H1 extension if the PERM is not filed 365 days before H1 extension.
This would be totally awesome coz I would love to work in some other country for a while.
Is this really true? (seems too good to be considering that everything else seems stacked up against us). Oh, if it matters to the discussion: I'm in EB2/India/retrogressed ad infinitum.
more...
raydon
03-24 11:00 PM
I've heard about AC21. What is AC360 - some new USCIS provision ?
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h1-b forever
01-27 09:06 AM
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
Will you be affected by the employer-employee memo? It is based on this memo that many of the problems are arising. Talk to your lawyer too about it.
Will you be affected by the employer-employee memo? It is based on this memo that many of the problems are arising. Talk to your lawyer too about it.
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neerajkandhari
05-23 09:19 PM
I am wondering how anybody can employ her without SSN
you can apply for SSN with ead card and approval notice
you can apply for SSN with ead card and approval notice
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swadeshi
07-27 12:25 AM
Can you please post the link for the original thread?
Tnx
Tnx
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Almond
09-15 07:17 PM
Visa bulletin date is set to April 01 for Oct 09 bulletin. For Sep 09 bulletin, EB3 is U
I thought it was June 1st, 02?
I thought it was June 1st, 02?
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satishku_2000
07-12 01:52 PM
They might accept the application but send in an RFE with a request to pay the difference ;)
Wish USCIS accepts applications after 27th and ask for the fee difference .. Win Win for all if the fee was the concern for USCIS .. hehe:D :D
Wish USCIS accepts applications after 27th and ask for the fee difference .. Win Win for all if the fee was the concern for USCIS .. hehe:D :D
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dtekkedil
07-30 06:34 PM
1) There are flights from Manchester, NH to Baltimore, MD for about 150$ (Flying to DC from Manchester costs an additional 100$). It is just 45 miles from Washington, DC. I have read in one of the postings that there are trains from Baltimore to DC Central. We can book hotels in DC through Priceline.
2) If we have enough people, we may be able to drive to DC (rent a bus or a minibus from Boston) But it is at least a 10 hour drive. That means we may have to take at least half the day off on Wednesday as well. We can then start back Thursday evening itself.
It makes sense to book hotels together as it will give us a better chance to prepare for the rally.
I hope more people come forward. I know this is a difficult thing to do. But it is necessary.
There are so many IV members from in and around Massachusetts and only one other has volunteered so far!
2) If we have enough people, we may be able to drive to DC (rent a bus or a minibus from Boston) But it is at least a 10 hour drive. That means we may have to take at least half the day off on Wednesday as well. We can then start back Thursday evening itself.
It makes sense to book hotels together as it will give us a better chance to prepare for the rally.
I hope more people come forward. I know this is a difficult thing to do. But it is necessary.
There are so many IV members from in and around Massachusetts and only one other has volunteered so far!
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atumalla
11-06 12:46 PM
I got two luds on 140 485 131 765 after FP.
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werc
12-09 08:57 PM
Congratulations on your marriage.
Depending on where your would be spouse is ,there are two methods.
1. If she is outside the country , you would have to get her H-4 at the nearest consulate.
2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.
Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.
Depending on where your would be spouse is ,there are two methods.
1. If she is outside the country , you would have to get her H-4 at the nearest consulate.
2. If she is in the country , and assuming you want to change her status to H4 , you can do it by filing the change of status form with USCIS.
Either way I do not think you would be requiring a lawyer. It is pretty straight forward. All the required instructions are on the form.
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gcbackup
10-09 10:34 AM
I recently sponsored for my uncle and his wife and had no problems. Just send the sponsor docs with I-134, letter to consulate etc. Uncle had to provide info on his ties back in India.
My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.
My last name was not same as uncle's ( guess that is what your doubt is) and that was not an issue at all.
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ckumar
09-12 03:24 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
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sbdol
08-12 01:35 PM
except to beg one of those guys who used LS. Ask them!
Please I beg you, did you purchase my labor? Did your company offered it
to keep you IN? Did your uncle/relative offered it to you...
I have a feeling that watermelons are sour...:D ( as some monkey quoted about legits)
Man/Woman I feel for you.....
In fact a mean and hopeless employer probably would not tell the original name on the LC to whomever he sells it.
Please I beg you, did you purchase my labor? Did your company offered it
to keep you IN? Did your uncle/relative offered it to you...
I have a feeling that watermelons are sour...:D ( as some monkey quoted about legits)
Man/Woman I feel for you.....
In fact a mean and hopeless employer probably would not tell the original name on the LC to whomever he sells it.
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jbs
10-04 03:04 PM
thank you!
paskal
08-16 01:36 PM
/\/\/\/\
mukeshmjoshi
09-16 10:48 AM
Keep faith in yourself and the Lord, some day it will happen for sure.
Prayatna (Try): We already did apply
Pratiksha(Waiting): We are already doing it.
and
Prarthna(Prayer): If not doing, try it. It works for all.
Prayatna (Try): We already did apply
Pratiksha(Waiting): We are already doing it.
and
Prarthna(Prayer): If not doing, try it. It works for all.
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