visa_reval
03-14 03:01 PM
You are right, I am in my 7th year. Thanks for the quick reply.
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Blog Feeds
12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
satishku_2000
08-17 04:04 PM
Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.
Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
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coopheal
07-07 11:36 AM
Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
if you were paroled in put the date you were paroled in to. see I-94
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
if you were paroled in put the date you were paroled in to. see I-94
more...
ziggy7bs
03-14 01:20 PM
Have you filed i-140?
izolo
06-04 02:10 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
more...
Kodi
11-05 01:36 PM
WOW I'm sorry to hear this, I was on the same boat so I can understand. There's nothing you can do. Your employer or attorney can try to contact DOL. I filed May 07 as well, they audited and after replying nothing happened for a very long time. And then out of the blue they approved March of 08. My attorney said there's nothing we can do other than wait as they were auditing left and right, specially EB2. Eventhough my attorney send letters requesting updates they never responded.
I guess I was extremly lucky to finally get approved.
I guess I was extremly lucky to finally get approved.
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pappu
08-16 03:41 PM
We have an opportunity for TV interview and coverage of IV.
Any IV members in /around Wilmington, NC please mail me or Shrey (ragz4u) asap.
In your mail, pls give us a brief background about yourself so that we can make sure all aspects of IV agenda can be covered in the interview.
Any IV members in /around Wilmington, NC please mail me or Shrey (ragz4u) asap.
In your mail, pls give us a brief background about yourself so that we can make sure all aspects of IV agenda can be covered in the interview.
more...
blacktongue
11-01 01:35 PM
I heard that only applicants who are current are considered as backlogged - is this true?
Applicants who are not current - which statistical group do they belong to?
You are correct. Is USCIS definition to show less numbers on their graphs.
Applicants who are not current - which statistical group do they belong to?
You are correct. Is USCIS definition to show less numbers on their graphs.
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fatjoe
08-30 01:10 PM
I'm strating this thread to check out if your I-485 package was received by R.COOK at NSC and if your checks are cleared.
I sent my I-485 on July 18, the checks are not cleared yet.
I sent my EAD/AP pcakage on Aug 10, where the checks got cleared last week. But I didn't get my receipts notice yet.
My I-140 was sent to TSC, which is not approved yet. Any thoughts?
I sent my I-485 on July 18, the checks are not cleared yet.
I sent my EAD/AP pcakage on Aug 10, where the checks got cleared last week. But I didn't get my receipts notice yet.
My I-140 was sent to TSC, which is not approved yet. Any thoughts?
more...
gcsucks
05-02 06:10 AM
I have a PR Card in canada since June'04. I have been here in the US for 8 years now. But because of retrogression stuff im not able to file I485.
Is anyone in a similiar situation or does anyone know how i can retain my PR card or will i lose it if i dont go back to canada in the next 1 year( as per rule of staying in canada for 2 years in every 5 years)
Please help
Is anyone in a similiar situation or does anyone know how i can retain my PR card or will i lose it if i dont go back to canada in the next 1 year( as per rule of staying in canada for 2 years in every 5 years)
Please help
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I_need_GC
10-27 01:25 PM
We had filed AC21 for one our consultants it was $1000 atty fee, no filing fee
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ganguteli
02-13 02:11 PM
http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.
Can we get any help from these guyes?
They will want H1Bs to come back to India. Helping us with the greencard does not make any business sense.
Can we get any help from these guyes?
They will want H1Bs to come back to India. Helping us with the greencard does not make any business sense.
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nk2006
06-10 01:31 PM
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)
Anyway its a good news that they are starting it from June end.
That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)
Anyway its a good news that they are starting it from June end.
more...
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Gravitation
08-11 07:46 PM
You should have been changing diapers even without prompting. You job wasn't done at the conception, you know :)
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vactorboy29
11-29 11:43 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.
Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.
Thanks & Regards
Just my 2 cents...
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.
Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.
Thanks & Regards
Just my 2 cents...
more...
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chrisclick
04-11 01:54 PM
This thread makes me physically ill. I shall not read more, lol.
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09-07 01:52 PM
I sent this to Tri State Chapter - good stuff Jazz
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tish
06-26 05:37 PM
question about i-20. do u need to submit only 1 i-20 that you received when entered the school or u need to submit the travel i-20 u get whenever u travel outside usa while on f1 visa?
Doesn't matter as long it is in SEVIS system
Doesn't matter as long it is in SEVIS system
bayarea07
07-18 04:02 PM
There is already a seperate forum for that,in which a long discussion is already goin on, please post your questions there.
number8
04-14 04:10 PM
Hi Experts,
My 140 was recently transferred from Nebraska to Texas after waiting 13 months. RD is March 2007. My company's lawyer contacted USCIS to open an SR as Texas is processing July/Aug 2007 applications and past my processing dates. USCIS refused to open an SR and advised that my application will be treated a new one and will be processed after the other application received in April 2008.
I think USCIS should honor the original RD when a case is transferred from one service center to the other.
I am shocked. I have already waited for 13 months and don't feel this is fair.
I am not sure what are my options are now? I am thinking to contact Ombudsman and local congress man.
Please advice.
My 140 was recently transferred from Nebraska to Texas after waiting 13 months. RD is March 2007. My company's lawyer contacted USCIS to open an SR as Texas is processing July/Aug 2007 applications and past my processing dates. USCIS refused to open an SR and advised that my application will be treated a new one and will be processed after the other application received in April 2008.
I think USCIS should honor the original RD when a case is transferred from one service center to the other.
I am shocked. I have already waited for 13 months and don't feel this is fair.
I am not sure what are my options are now? I am thinking to contact Ombudsman and local congress man.
Please advice.
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