krishmunn
09-17 12:08 PM
I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
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things2strike
08-20 08:36 PM
Hi Friends,
My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
The date of approval of I-130: 03/12/2008
My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
Thanks,
My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
The date of approval of I-130: 03/12/2008
My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
Thanks,
raysaikat
03-13 08:26 PM
Hi All,
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
I believe that you need the actual diploma (you send a photocopy of it to USCIS) for getting counted in the M.S. quota. Most schools give the diploma once you have finished all requirements.
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arsh007
10-05 09:48 AM
Arsh,
Good to know these info.
Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?
Thanks
I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).
Good to know these info.
Could you please let me know what kind of visa/work permit you were on in Brussels? Is there a way to be a permanent resident there?
Thanks
I was on a "Belgium work permit" which had to be renewed each year and was linked to the employer just like the H1. The renewal process itself took a few weeks. Living and working for 5 years or more allows you to become a permanent resident (Please check again since this information is from 2000-2002 and rules may have changed since then). The Belgium work permit allows you to work in that country but you are free to travel across any EU country (France, Spain, Italy, Netherlands, Luxemborug, Germany etc).
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sorcerer666
03-25 12:52 PM
I think for anyone to help you here, you need to provide more details. If all the facts in the letter that you pasted from USCIS is true, there seems to be very limited grounds for appeal.
***I am not a lawyer***
***I am not a lawyer***
indianindian2006
08-28 02:04 PM
IV member Venkat80 posted this mail but has removed it for some reason.
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txh1b
04-14 06:46 PM
Paper filing is best. AP got approved in 40 days from NSC.
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sargon
09-23 02:10 PM
And how to you differentiate between soft lud and very soft lud?:o
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
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lostinbeta
10-21 04:13 AM
Hey, this is MY thread and I will delete any argumentative posts about sports teams :)
I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.
I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.
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kondur_007
03-23 01:33 PM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
more...
sheela
08-23 10:50 AM
Here's a killer.
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
Congrats!!!
I am happy for you. This wait and hope when the dates are current is very taxing. may lady luck smile on me too
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
Congrats!!!
I am happy for you. This wait and hope when the dates are current is very taxing. may lady luck smile on me too
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jsb
09-24 01:00 PM
cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)
Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.
You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).
Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.
You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).
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nogc_noproblem
07-19 03:53 AM
Wow, the best reply I ever got on this subject. Thanks a lot.
Hope this helps :)
Hope this helps :)
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americandesi
03-01 06:56 PM
Don't worry, you will be let in after completing 3 years outside of Canada. But don’t wait till the last moment to make your move
Here's the link from CIC Canada on residency obligation
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.
Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.
Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!
Here's the link from CIC Canada on residency obligation
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.
Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.
Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!
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rdehar
08-26 12:44 PM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.
H1 transfers are really tricky nowadays -- there is a big risk.
Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
If they are holding your money, file a complaint with DoL. Or at least, tell you employer that you are going to file it and see what happens.
H1 transfers are really tricky nowadays -- there is a big risk.
Afaik, any "long term contract" is a worthless piece of paper unless signed in presence of an attorney.
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gc1024
07-17 07:04 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
http://immigrationvoice.org/forum/showthread.php?t=5132
Don't forget to read the disclaimer.
http://immigrationvoice.org/forum/showthread.php?t=5132
Don't forget to read the disclaimer.
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americandesi
05-19 02:34 PM
AC21 letter can be sent to USCIS, but as everyone says its not a must.
AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.
In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.
AC21 letter is a MUST if I-140 was revoked by the previous employer. There are cases where USCIS had mistakenly denied I-485's with revoked I-140's in spite of submitting AC21 papers.
In such situations, the only life saver in MTR (Motion to Re-appeal) is the proof of submitting AC21 papers on time.
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visli_com
06-25 11:23 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
my company is paying all except medical & (costly) Photos.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
my company is paying all except medical & (costly) Photos.
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ras
06-22 04:23 PM
Is getting H1 transfer with extension based on the I 485/I 140 is considered to be using AC21. Does the H1 job description need to be similer to the I140 job description?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
In this situation how come H1 description is related to GC job description. AC21 only says that one can get H1 extension based on a pending GC application. But does the job need to be same/similer?
Pallavi79
01-11 11:54 AM
<Quote>Pick your poison!</Quote>
Good one.
Good one.
21stIcon
12-17 03:28 AM
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