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    • I_need_GC
    10-24 11:33 AM
    Ok Guru's I am in an awkward situation. My GC got approved some time in Aug 2008. But before the approval of my GC my wife in india applied for H4 visa based on my H1b. The consulate approved her H4 and stamped it on her passport last month. Even though I am on GC now. i have files I-824 for her Follow to Join.

    Now the question I have is.

    1- Can she travel to US on that H4 (the visa stamp is valid till 2010)?
    2- If the CBP agents at the aiport let her in the country can I file for her I-485 and have her wait here on AOS?

    Let me know what you guys think. On mountain crossed and still more hills keep coming.



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    • JBarnhill
    March 4th, 2010, 11:55 AM
    Just saw how old this post was!! Sorry
    I-94 expired [Archive] - Immigration Voice
    Log in

    View Full Version : I-94 expired




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    • Suva
    01-19 10:43 AM
    I saw two similar cases in my organization.

    One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.



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    • fittan
    04-23 03:26 PM
    gc28262,
    I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.

    I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).

    I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.



    Fittan


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    • Madhuri
    03-19 02:17 PM
    Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
    or was it showing I140 approved before and now it's showing pending?

    No, I140 is not denied, its pending as per USCIS website. However, reason for I485 denial is that I140 is denied. Is this something to do with the RFE on I140? I dont see any logic in this...



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    • kennyc
    May 25th, 2005, 02:37 AM
    So here are three more from the same "session" last evening which do include some foreground framing/interest. (slight adjustments on these to levels, color, etc. no cropping though)

    Enjoy,
    KAC


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    • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.



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    • cagedcactus
    07-25 07:13 AM
    Thanks friends. Just a reminder. I am not using any pre approved labor. This labor was mine. The company filed it for me in august 2003. Then I 140 was filed in may 2006 after labor approval.
    That I 140 was denied after an RFE in april 2007. My lawyer appealed for it, so the appeal is pending on that I 140.
    Now My laywer suggests that I file another I 140 with the same labor, while the appeal is pending on that first I 140. He says that if USCIS asks for which one to keep, he will continue with the new one and scrap the old one. Either of them get approved, I can avoid the other.
    Is it possible?
    thanks for your kind inputs.....


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    • finimits
    05-02 11:38 AM
    Hello Everyone!

    I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.

    My information:
    ----------------------
    Citizen of India.
    Priority Data: March 2008
    I-140 approved
    About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.

    My Questions
    ----------------------
    I want to move to another company in another region in the US.
    1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).

    2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?

    Guys, please help me, I am confused. I really appreciate any help!
    THanks!



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    • walking_dude
    08-03 03:58 PM
    Thanks pappu. Santb1975, nothing compared to your contribution to the movement. Let me stop before we start a mutual admiration society here :)


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    • Dhundhun
    05-21 05:47 PM
    I think, too many documents not required. The US Embassy in Delhi asks for:

    If you have a sponsor for your trip
    -- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
    -- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
    -- Documents to show the sponsor's legal status in the U.S.

    Refer to http://newdelhi.usembassy.gov/nivbvisas.html.

    Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).



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    • andymajumder
    04-13 05:44 PM
    We should definitely support this bill. It will help reduce the EB backlog for us considerably. There are two provisions in this bill which if passed would help reduce the backlog a lot.

    a) Exempt spouses and minor children of the principal applicant from employment-based immigrant visa quotas. At least half the backlog is due to dependents of the applicant using GC visas and this should reduce the backlog considerably.

    b)� Exempt STEM advanced degree graduates who have 3 years of U.S. work experience as a non-immigrant from the numerical limit on employment-based immigrant visas, in addition to those who are deemed to have extraordinary ability, are outstanding professors and researchers, and whose presence is determined to be in the national interest of the United States. Another 20% of the applicants specially with indian passports would fit this category and hence thought would reduce the backlog significantly as well.

    c) The most important thing about this Bill is that it offers some relief entirely for the skilled employees without associating them with the fate of illegals. There is very little controversial elements in this Bill. Remember the main bone of contention between Democrats & Republicans in CIR is about the fate of illegal immigrants and how tough an approach they should have on them. This might easily scuttle CIR this year and we might have to wait till 2009 before anything else comes up again. There is not much that the parties disagree on with regards to Hightech skilled workers and a bill such as this which offers interim relief has much better chance of being passed. Agreed some groups such as IEEE-US might oppose it (specially the provisions related H1B increase) but even IEEE-US does support sorting out the EB GC issues and backlogs and might support those provisions on this Bill.

    In conclusion IV should definitely support this Bill.

    S.1092
    Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.

    $20 per month.

    EB2 - PD Jan 05


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    • jsb
    02-02 10:21 AM
    Pappu - Can we also ask all the users to update the amount of taxes they've paid in 2008 (now that everyone is filing for their returns)? There seems to be a negative campaign against us that somehow we don't need to pay taxes and we are a burden on local entities.

    Also, if possible, can we track how many of us are willingly capable of purchasing a home as a bargain chip for GC. I believe that we are capable of stimulating this economy and it'll be for everyones good, including US Citizens.

    Cheers
    Praveen

    "Temporary Workers" have to pay not only Federal and State taxes, but Medicare and Social Security taxes too, which for a true temporary worker is just a donation for who live or will live permanently in the US.

    It is a double standard. You are a temporary worker with limited rights, but when question of paying taxes comes, IRS considers H1, L1 etc. as "US Person", which means they have to declare their world income and pay taxes to the US govenment on all of it. Moreover, if you don't contribute to SS for 40 quarters (10 years), you get nothing back when you retire. You pay for Medicare, but will get nothing unless you are a legal resident when you are eligible for medicare.



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    • ajju
    02-28 01:33 PM
    Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.

    I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.


    WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
    WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)

    But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.

    Could this gap be a issue, That is why they are asking starting 12th April 2004?

    Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.

    Please advice.

    VS

    I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...

    Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...

    Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...

    But you must check with lawyer...


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    • obelix
    07-27 03:03 PM
    Thanks Kaiser.

    Usual suspects :). This might interest you. http://corky.net/scripts/usualSuspects.html



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    • munnu77
    06-11 08:43 AM
    Wht do u mean..partially?


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    • pd_recapturing
    06-20 05:35 PM
    I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?



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    • kevingonet796
    03-26 04:01 AM
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    • Kitiara
    10-24 04:56 AM
    Of course I did - Disk 2 once you've got the submarine from Junon. The waterfalls near Nibelheim, park on the beach to the left, and walk under the waterfall. Hoo boy.



    gchope2k6
    03-17 12:16 PM
    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.



    akred
    06-23 01:38 AM
    Generating receipt may take 7-8 days but if they open it
    Monday June 25th they may reject it saying its not current .... ??

    That rejection will probably come back after 7 days too :-)

    Yeah, its not worth the risk. Just curious about how this timeline works though.


    Posted by complitomo at 12:25 PM

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