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  • bbenhill
    10-12 06:20 PM
    Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).

    Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).

    I found this confusing, here are the questions :
    1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
    2. which one that I need to surrender ? is it from airport or H1B approval ?

    Please advice ... I am really confuse with this immigration things ..

    Regards,



    You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...





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  • PlainSpeak
    02-23 10:38 AM
    Plainspeak,

    I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary

    HRPRO
    These are documents which have to be carried. There is no confirmation that he/she wil be asked but if asked they have the documents on hand. I got stuck in immigration for 4 hours when they asked me all the above documents. So i believe in better safe than sorry

    On a side note this happened when i was travelling back from India via Lufthansa





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  • needhelp!
    03-12 11:06 AM
    Surely we know each other then!! :)


    I personally know Sandeep from his BE/Work days.
    Good job.. Yeah!





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  • little_willy
    10-04 01:20 PM
    Thanks for the link



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  • ata1234
    07-13 09:02 PM
    Done!





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  • qasleuth
    06-03 04:36 PM
    If you are on H1B then your status is not AOS, IT IS H1B. When you do not extend your visa status and get onto EAD or your dependents' H4 expires without EAD, then the status becomes AOS in which case you need AP to travel.

    I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

    U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

    * been granted Temporary Protected Status (TPS);
    * "a pending application for adjustment of status to lawful permanent resident;"
    * a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    * a pending asylum application; or
    * a pending application for legalization.*



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  • raysaikat
    07-25 10:34 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).



    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.



    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    She cannot work while she is in H-4. There is no such thing as "2-month gap"!



    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh

    No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.





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  • glub
    02-23 01:30 PM
    People may already know this, but just to highlight it for people who don't - here is the "Resources to meet lawmakers" page: http://immigrationvoice.org/index.php?option=com_content&task=view&id=53&Itemid=36

    Great stuff...



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  • Nikith77
    12-17 11:13 AM
    Dude wakeup, this is a old story. please read all the post before you create a new one.





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  • gcpain
    05-19 01:31 PM
    Hello All,
    My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?

    1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?

    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?

    3.Does Info-pass enquiry cause any negative effects on my I485 processing?

    4. Any other guys in the same boat and what you guys are doing?

    I really appreciate your advice. Thanks in advance for your good work.



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  • puddonhead
    05-22 09:47 AM
    The terms "Active Trader", and "Active Investor" may sometimes denote two completely different things.

    "Active Trader" (http://en.wikipedia.org/wiki/Active_trading) is one who does day trading. While this opens you up to a pandoras box of regulatory and compliance related stuff - which I would find to be too onerous as an individual - it is perfectly OK to do this in H1B from an immigration law standpoint.

    The term "Active Investor" is sometimes used to refer an "Active Trader" - and at some other times loosely used in lieu of "Activist Investor" (http://en.wikipedia.org/wiki/Activist_investor). It is NOT OK for an H1B to be an activist investor.





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  • sathyaraj
    10-26 11:29 AM
    USCIS is not updating the online status. Mine got approved and I received it in mail. But still the online status remains as pending.



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  • HopeSprings
    07-29 12:15 AM
    Geez, how hard can it be!!
    Read the lines.

    Prereqs:
    1. I-485 applied for EB-2 India
    2. PD after Jun 1st 2006 (i.e. ,PD is not current)
    3. There was an LUD on 07/27
    Only then, reply to the thread!!

    SunnySurya with date after PD Jun 1st 2006 replied yes, which means this update has nothing to do with the PD being current.

    I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.





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  • perm2gc
    06-16 05:52 PM
    I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


    I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.
    you can maintain dual status .



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  • gc_maine2
    05-15 11:44 AM
    Good JOb Learning01 for your efforts, and Thanks Ras4u for posting it..

    Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))





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  • munnu77
    07-19 03:07 PM
    sorry..i didnt log in for a few days..
    he applied from texas from an american company EB3



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  • Student with no hopes
    01-24 09:40 AM
    Hello,

    Here is my situation.


    - I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)

    - I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.

    - Now I cant go back to US to file my 485. My company is still offering to help me on my GC.

    I'm still reeling from the shock of my H1B denial. What are my options now?

    Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?

    Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?



    Can anyone point me to some online materials detailing CP.

    Thanks in advance.

    I am not aware of consular processing very much, but don't you have to be applying from the country of origin for CP?
    This person says he belongs to ROW, but he will be filing for CP from India? Am I missing something here?





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  • nixone
    07-30 09:50 AM
    It was an audited PERM?

    I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

    I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

    Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.





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  • Anil_s
    06-29 08:40 PM
    Hi Ari,

    Thank you for the information.

    I generally hold business discussions with the client whenever needed,thats only my job.

    Anyways I understand your point.

    Anil





    ronhira
    05-18 02:00 PM
    i read those two threads from macca every evening...... infact i think his threads are very informative & it collects everything relevant at one place.....

    for those who don't like those threads, have u guys read the content of those threads? if u read the content of those threads.... u will start appreciating the effort of 1 guy to help us all understand whats going on in the real world..... or we can always look for other things on world wide web......





    485_spouse
    04-27 03:16 PM
    I-140 approved
    Self I-485 2004, Spouse not able to file I-485 because of retrogression
    Wife not able to work(H4, no EAD)
    Moving around for jobs with family
    Good Employer but not great
    Frustation with H1B Extension and stamping
    Not able to Plan to go to India because of Interview dates
    Not able to buy house
    I have EAD but have to stick with the current employer
    No promotion
    Could not join fortune 500 company as no GC :mad:



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