sen
11-01 06:43 PM
I ran into the same issue when my wife I-94 was about to expire even though she had valid visa in her passport till 2010. We just crossed over to Canada (through Detroit) and after spending an hour we returned back to US. On our entry, we requested the officer to issue new I-94 since it was expiring. He directed us to the immigration officer who issued a new I-94.
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
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humsuplou
03-09 12:28 PM
I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?
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lazycis
02-14 04:48 PM
Violation of regulations is also affirmative misconduct.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
Here is an extract from my brief
8 CFR � 103.2(b)(18), titled �Withholding adjudication�:
�A district director may authorize withholding adjudication of a visa petition or other application if the district director determines that an investigation has been undertaken involving a matter relating to eligibility or the exercise of discretion, where applicable, in connection with the application or petition, and that the disclosure of information to the applicant or petitioner in connection with the adjudication of the application or petition would prejudice the ongoing investigation.
If an investigation has been undertaken and has not been completed within one year of its inception, the district director shall review the matter and determine whether adjudication of the petition or application should be held in abeyance for six months or until the investigation is completed, whichever comes sooner. If, after six months of the district director�s determination, the investigation has not been completed, the matter shall be reviewed again by the district director and, if he/she concludes that more time is needed to complete the investigation, adjudication may be held in abeyance for up to another six months. If the investigation is not completed at the end of that time, the matter shall be referred to the regional commissioner, who may authorize that adjudication be held in abeyance for another six months. Thereafter, if the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement, determines it is necessary to continue to withhold adjudication pending completion of the investigation, he/she shall review that determination every six months.�
The legal alien�s application has been pending for over 2.5 years at the time of filing his complaint with the District Court. So, according to the requirements of 8 CFR � 103.2(b)(18), his application should have been reviewed twice by the USCIS district director (at 1 and 1.5 year marks), once by the USCIS regional commissioner (at 2 year mark) and once by the Associate Commissioner, Examinations, with the concurrence of the Associate Commissioner, Enforcement. There is no evidence on record that these procedures have been followed. Therefore, the USCIS have violated the Federal regulations and �unlawfully withheld� adjudication of the legal alien�s application. Furthermore, 8 CFR � 103.2(b)(18) is not part of the Subchapter II of the Chapter 12 of the INA, therefore jurisdictional bar of � 242(a)(2)(B)(ii) does not preclude review of the withholding of adjudication.
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ksircar
12-01 02:13 PM
Can someone please advice which immigration documents (apart from Passport and AP) should I carry to re-enter US using AP?
Please share your experience.
Thanks in advance.
Any advice, guys?
Please share your experience.
Thanks in advance.
Any advice, guys?
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salai007
07-17 06:09 PM
Thanks to Rep Lofgren.
I will be sending a Thank card to her soon.
I will be sending a Thank card to her soon.
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ckichannagari
11-09 04:40 PM
from Texas
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ultimo
09-05 10:01 AM
i 485 u will get it soon
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vivekm1309
04-07 10:44 AM
Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.
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gcwait2007
06-28 04:39 PM
You need last 2 paystubs and one of them is issued within last 30 days.
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H1B2GC
09-30 09:37 PM
The H1B transfer should be ok based on the fact this person is with in 6 years. If the transfer is after 6 years based on either LC pending or LC and I-140 approved. The same should hold good for the transfer.
This will not affect the greencard process even if USCIS finds this person changed jobs using H1B. The greencard is filed for future permanent job. According to USCIS, the term permanent means FOREVER. They can revoke the approved greencard if you change jobs immediately after approval.
If you indend to change jobs use AC21 before greencard approval or wait for a year after the greencard approval.
This will not affect the greencard process even if USCIS finds this person changed jobs using H1B. The greencard is filed for future permanent job. According to USCIS, the term permanent means FOREVER. They can revoke the approved greencard if you change jobs immediately after approval.
If you indend to change jobs use AC21 before greencard approval or wait for a year after the greencard approval.
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prasadn
03-01 08:27 PM
When my wife entered the US, since her passport was nearing expiration, the officer at POE put in the I-94 valid until passport expiration date (March 15, 2009), even though H-1 is valid till Sept. 2010. Eventually she got her passport renewed, but we are not sure if she has to travel out of the country before this date to get a new I-94. We have filed for 485 and she has a valid EAD & AP. Here are my questions.
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
1. I believe, since her 485 is pending, staying beyond I-94 validity (March 15 2009) does not mean she is out of status. Also, due to the same reason she does not start to accrue unlawful presence. Is my assumption right?
2. If she uses EAD to continue working, and at a later date travels out of country and returns, will her H1 status be reinstated as she has a valid H1B (both 797 and visa stamp)?
Thanks in advance,
Prasad
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Dhundhun
03-30 12:42 AM
Read AVR rules.
http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.
http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.
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Indiaxyz
03-27 05:41 PM
Hi iyera,
As per my immig. atty it takes between 2-3 months for the h1 to h4 processing. Unfortunately there is no premium processing for h4 unless you piggy back it with an h1 processing. Hope this helps.
As per my immig. atty it takes between 2-3 months for the h1 to h4 processing. Unfortunately there is no premium processing for h4 unless you piggy back it with an h1 processing. Hope this helps.
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msadiqali
06-19 06:39 PM
http://informationclearinghouse.info/article22856.htm
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uvision
February 2nd, 2005, 10:42 PM
OK....
"Father and Son" is a good shot - perhaps if you cropped it "tighter." However it does not really emphasize the ice-fishing activity as much as some other shots. The same goes for "Done for the Day." I wouldn't even know it was an ice fishing event - on Father and Son - you at least can see the "Fish Trap" letters ;-). Maybe it's just me.
Solitary fisherman is not as good of a shot for reasons mentioned by other posters. I would crop it tighter if you decide to use it. Include enough of the background to suggest solitude - but bring the subject closer. On the other hand - Solitary 2 is a great shot and while we can wish the fishing hole, the line and the rest were there - you have to work with what you have. I would perhaps use that one after all.
On purely "reporting" quality - have you considered "Look What I Caught !" (1 or 2) - the first one may not be the best one technically, the second one is better - but they do reflect what the fun of fishing is all about: catching fish ! Perhaps you could crop it/them differently to emphasize the boy with the fish.
I would probably go with Solitary Fisherman 2 in the end ;-)
Good luck.
"Father and Son" is a good shot - perhaps if you cropped it "tighter." However it does not really emphasize the ice-fishing activity as much as some other shots. The same goes for "Done for the Day." I wouldn't even know it was an ice fishing event - on Father and Son - you at least can see the "Fish Trap" letters ;-). Maybe it's just me.
Solitary fisherman is not as good of a shot for reasons mentioned by other posters. I would crop it tighter if you decide to use it. Include enough of the background to suggest solitude - but bring the subject closer. On the other hand - Solitary 2 is a great shot and while we can wish the fishing hole, the line and the rest were there - you have to work with what you have. I would perhaps use that one after all.
On purely "reporting" quality - have you considered "Look What I Caught !" (1 or 2) - the first one may not be the best one technically, the second one is better - but they do reflect what the fun of fishing is all about: catching fish ! Perhaps you could crop it/them differently to emphasize the boy with the fish.
I would probably go with Solitary Fisherman 2 in the end ;-)
Good luck.