gmb
01-14 09:45 PM
Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
senram
01-21 05:26 PM
But it works little bit different. The green card process is not purely based on merrit. But college admission is based on merrit in USA. But green card
process is done by the requirement and eligiblity. For example for an Engineer position the requirement is BE and 5 years of experience and they are
selecting based on Experience. Similarly for QA or Analyst position the requirement is similar but they do not need Aptitude similar to Hardcore Engineer position. So in
this case after labor is cleared everyone of them is needed for USA irespective of which country he belongs to. So because of Country quota USA or US companies were not all
impacted. But because of overcrowding of Indians and Chinese are impacted. Best way to say is because of country some one is cutting the line in the queue. But skill wise
every one who cleared labor are eqully important based on the requirements. So quality of persons selected were not impacted by country quota. But it is discriminatory. But
this kind of discrimination is in most or all of the countries in the world. Can anyone fight reservation in India and win? Atleast here we have provision to fight by advocacy
and lobbying whether winning or not. But in our own country we cannot do anything about discrimination.
The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...
Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!
process is done by the requirement and eligiblity. For example for an Engineer position the requirement is BE and 5 years of experience and they are
selecting based on Experience. Similarly for QA or Analyst position the requirement is similar but they do not need Aptitude similar to Hardcore Engineer position. So in
this case after labor is cleared everyone of them is needed for USA irespective of which country he belongs to. So because of Country quota USA or US companies were not all
impacted. But because of overcrowding of Indians and Chinese are impacted. Best way to say is because of country some one is cutting the line in the queue. But skill wise
every one who cleared labor are eqully important based on the requirements. So quality of persons selected were not impacted by country quota. But it is discriminatory. But
this kind of discrimination is in most or all of the countries in the world. Can anyone fight reservation in India and win? Atleast here we have provision to fight by advocacy
and lobbying whether winning or not. But in our own country we cannot do anything about discrimination.
The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...
Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!
glus
03-28 08:36 AM
That happened to me too. My new I94 was valid from the approval date, and not the one we asked for. No, you were not out of status as your H1 extension was pending. You should not have issues with it.
radhagd
04-02 09:26 AM
I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.
If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.
If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.
more...
gene77
08-20 02:26 PM
I'm a Jul 02 filer and I received the 485 and 765 notices recently.
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
nogc_noproblem
07-19 04:01 AM
I am in the same situation like you, thanks for the details.
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
Just wanted to share our 7th year H-1B extension stamping in Chennai on July 15th. Since my I-140 was approved, the I-797 petition was approved for 3 years. My family (wife and daughter) attended the interview along with me. The procedure for H-1B extension/renewal is much easier in Chennai compared to first time stampers. There is a separate counter for renewals and the interview procedure is quite simple. After the initial screening of documents, we went to a separate renewal counter which did not have any queue.
The VO just asked some questions about my nature of the job and how long I have been with my company. FYI, my company is a major reputed IT Foreign MNC. My family was not asked any questions. We did not have any PIMS delays and I got the passport couriered the very next day itself. The petition was approved a month before the stamping. Overall it is a much streamlined process for H-1B visa extensions/renewals.
Thanks MP70
more...
dreamworld
11-09 02:58 PM
If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.
brit89
07-05 08:33 PM
When the news broke about PDs becoming current, I told 2 of my friends and my family that there is something wrong going on.
It is a common sense that the visa numbers are governed by policies and should be approved by senators in parliament if not by the president.
There were no indications in senate sessions nor announcement of any political intervention at the highest level to turn the table all together.
DOL and USCIS have all excuses to wash their hands of the issue now.
We should learn to forget what has happened to prepare ourselves to move on and on and on ....
Unless there happens a miracle like in fairy tales, we never know, all depends on our karma and not worthwhile to blame anybody on this.
It is a common sense that the visa numbers are governed by policies and should be approved by senators in parliament if not by the president.
There were no indications in senate sessions nor announcement of any political intervention at the highest level to turn the table all together.
DOL and USCIS have all excuses to wash their hands of the issue now.
We should learn to forget what has happened to prepare ourselves to move on and on and on ....
Unless there happens a miracle like in fairy tales, we never know, all depends on our karma and not worthwhile to blame anybody on this.
more...
kcindian
05-31 11:00 AM
Hi,
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
insbaby
09-02 11:17 PM
I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
You can choose to continue the insurance, the employer should provide this option. It looks expensive, but it is just for a month time, on the safe side, you can take this.
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
You can choose to continue the insurance, the employer should provide this option. It looks expensive, but it is just for a month time, on the safe side, you can take this.
more...
ajay
12-23 08:34 PM
I joined another employer on H1b this May. I did not use my EAD since I wanted to maintain my H1 status. My employer is willing to support my I485 but I have not informed the USCIS about my change yet.
Gravitation
01-02 01:00 PM
On H1 you can setup business, invest in , take profits ,but you should not be on payroll ( in otherwords you cannot be an employee of your own company based on H1 status ).
What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.
What you say is mostly correct. Something needs to be added: You can found a company and it can sponosor you for your H1B (even if it's for a part time job)... and you can work for it... but... it should be a genuine company and it's aim shouldn't be solely to sponsoer you for H1B. Very very severe scrutiny of all docs and all stages expected... making it practically a very very long shot.
more...
anilsal
12-14 09:53 PM
Most of the congressmen hold town hall meetings. This is their method of meeting with constituents.
This may be a great opportunity for you to push for skilled immigration. He may be against CIR. But no congressmen would say "no" to qualified individuals.
Explore opportunities for the congressman to place a bill of his own supporting skilled immigration.
This may be a great opportunity for you to push for skilled immigration. He may be against CIR. But no congressmen would say "no" to qualified individuals.
Explore opportunities for the congressman to place a bill of his own supporting skilled immigration.
sjhugoose
January 6th, 2004, 12:48 PM
Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
more...
deba
07-03 06:07 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
loveiv
06-18 05:11 PM
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
This is exactly what I did in the past and my desi employer could not do anything because I never signed anywhere, it was between him and the vendor.
I think you should be fine.
more...
sid_das
04-21 06:34 PM
hey starscream
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
chantu
02-28 08:40 PM
Hi,
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:
Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.
Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.
quizzer
11-21 12:34 PM
Raj,
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.
As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.
it's a simple process and lawyer should be knowing how to handle this.
I see people getting decisions within 30-45 days after SR.
Mine came in about 27 days.
let me know if you have any questions.
Thanks
santa123
07-22 07:40 PM
I have an appointment on August 11th in chennai consulate and I am flying tomorrow to India to submit my documents to VFS.
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
Can any one tell when will the visa number assigned to the CP case?
The reason I am asking is because I am little worried if the date gets moved back after 1st week of august (From last year July fiasco experience) or some thing and I will be in India already, then I will be in big trouble.
Any insight would be appreciated.
I am curious to know why you opted for CP, since you are already present in the US. I am in a dilemma wrt CP or AOS. Thanks!
kaisersose
07-08 07:51 PM
Satyam used to have the policy of not sponsoring green cards for foreign employees in the US - except under very rare circumstances.
If you have GC plans, then Satyam may not be the place.
If you have GC plans, then Satyam may not be the place.
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