h1bnogc
08-30 06:51 AM
The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.
Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.
It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.
How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?
thanks for your response...
Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.
It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.
How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?
thanks for your response...
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logiclife
12-15 11:27 AM
I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.
Immigration Voice has this program for free legal advice(see homepage, 4th item) where we are getting help from Sonal Mehta-Verma. You can consider her for hiring as your lawyer. Her website is http://www.nankin.com/ .
-- I am promoting this lawyer on this website as this website and organization have sought help and she has given free legal advice to several IV members on the scheduled conference calls. I dont personally benefit from this promotion or from the business directed to this law firm.
Immigration Voice has this program for free legal advice(see homepage, 4th item) where we are getting help from Sonal Mehta-Verma. You can consider her for hiring as your lawyer. Her website is http://www.nankin.com/ .
-- I am promoting this lawyer on this website as this website and organization have sought help and she has given free legal advice to several IV members on the scheduled conference calls. I dont personally benefit from this promotion or from the business directed to this law firm.
ubetman
08-04 03:14 PM
Thank you guyz for your responses.
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance....
I understand if G-28 forms are not sent, then all correspondence will sent to me which is good. But my concern is what if my lawyer signs the forms as a representative and not sending G-28 forms to represent the case.
This is the process which i have gone through:
1. My lawyer sent the questionnaire forms for 485/131/765. I filled the forms with my personal information and sent them to him online.
2. He made the necessary corrections and filled some gaps and sent them back to me for my signature. At the end of each form his name and address is printed as a representative of my case. He asked me to send all the forms signed along with reqd. documents.
when his name and adddress is printed and he signs the forms, then it shows he is representing the case. Then he has to send G-28 forms for each form I guess. If he didn't signed the forms as a representative then I guess all correspondence comes to me but my concern if he signs the forms but not sending G-28 for each form, then I guess I am in trouble for not sending G-28 forms...am I thinking correctly...suggestions plz...
My lawyer is not that responsive. He always says(pretends) that he is busy(not sure though)..I send an email but no response yet. If really G-28 forms required and if he sends the packet without them, then as per USCIS my application will be rejected right away. No time to reapply also.
thanks in advance....
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s416504
12-03 03:02 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
more...
sunty
07-26 12:02 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
kirupa
01-13 02:28 PM
Not sure if i have time to do an entry, but i'll try. One question though. Is external actionscript classes ok, or does it all have to be done on the timeline? Obviously i am referring to external actionscript classes that we wrote ourselves, not libraries/engines or other peoples' work.
Sure - do whatever you want :)
To address this, I modified the guidelines to show that tweens are allowed. You can tweeen either on the timeline or via code if you want.
Sure - do whatever you want :)
To address this, I modified the guidelines to show that tweens are allowed. You can tweeen either on the timeline or via code if you want.
more...
madsat1234
06-08 03:11 PM
Hi Freedom2007,
Can you please let me know your Interview Checklist..what they have asked for...
Thanks
Can you please let me know your Interview Checklist..what they have asked for...
Thanks
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fromnaija
10-09 03:48 PM
I have a hard time to adjust my photo to designated spec. I shrunked to 62kb but they did not take it and if I make it lesser, it won't be 320 x 240 pixels but less. I use regular digital camera. anybody help me how to do?
Print the picture and then scan it to the required resolution.
Print the picture and then scan it to the required resolution.
more...
jungalee43
03-25 08:22 PM
I have also written to Mr. Rajghatta explaining several facts. The draft is similar to one given by sertasheep
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milind70
04-07 05:44 PM
I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
I think when travel to with North America(Canada & Mexico) you need not submit you current I 94 if you are going to reneter within 30 days of your exit.
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
I think when travel to with North America(Canada & Mexico) you need not submit you current I 94 if you are going to reneter within 30 days of your exit.
more...
trueguy
08-11 12:19 AM
Bump
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goel_ar
05-23 10:56 AM
Finally got receipt notice of my wife on may 23, 2008.
I thought it is not selected in lottery since we haven't got anything until now.
I thought it is not selected in lottery since we haven't got anything until now.
more...
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saibaba
12-18 03:51 PM
You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
I did it on 12/06 and it shows the same date since then...
in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...
so can I consider that there are no recent LUD's on our 485 apps?
thanx a lot for the info...
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dxldad
05-19 07:42 AM
MurthyDotCom : I-485 Approval Possibility Issues: International Travel (http://murthy.com/news/n_intrvl.html)
more...
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prasadn
01-07 07:20 PM
Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.
"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.
"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.
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mhtanim
12-31 03:34 PM
No FP for me either. See signature for detail.
more...
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rajpatelemail
12-09 05:43 PM
yeah
this guy can not even dare to reveal id....
pity pity....
To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.
Comments and reds are very much fine and apprciated... No issues.
So that we can learn from others comments.
But Revealing ID is very very important.
see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.
this guy can not even dare to reveal id....
pity pity....
To avoid this type of d***less Buttheads comments, we are requesting to reveal ids.
Comments and reds are very much fine and apprciated... No issues.
So that we can learn from others comments.
But Revealing ID is very very important.
see my comments , this d***less is giving comments and do not have spine to reveal his/her id, yet.
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sixburgh
06-28 04:09 PM
Why did they allow me (my lawyer) to renew H1 status then?
Lawyer just received the h1 approval, you know?
And I too received my wife's H4.
Lawyer just received the h1 approval, you know?
And I too received my wife's H4.
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krishmunn
05-21 07:29 AM
AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.
My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)
However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)
However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
gc_rip
07-05 09:20 AM
Hi,
I am frustrated because been in US for more than 10 years, but still don't have GC. With my current PD (Feb 05, EB3-India) expected to the GC by Oct 2023.
My GC sponsor company also holds my H1B, and applied for 10th year extension just now.
I have an offer from a Company but for India operations. The position is in India, and salary will be paid in Indian Rupees. Is there a way I can continue my GC process?
I am not sure if I can travel every year to renew my Advanced Parole (I131). Can I transfer my H1B to the parent US company, and join as an employee for Indian subsidiary? And for the business reasons only travel using the H1B stamp for the US company?
Please let me know all the possible solutions. It's very hard to abandon the GC process after a decade of wait. At the same time it is impossible for me to keep waiting for another 12 years for the GC while the kids are growing fast, and already resisting the idea of going to India. I want to avoid the forceful exit from USA in future.
Appreciate all your helpful ideas.
Thanks,
I am frustrated because been in US for more than 10 years, but still don't have GC. With my current PD (Feb 05, EB3-India) expected to the GC by Oct 2023.
My GC sponsor company also holds my H1B, and applied for 10th year extension just now.
I have an offer from a Company but for India operations. The position is in India, and salary will be paid in Indian Rupees. Is there a way I can continue my GC process?
I am not sure if I can travel every year to renew my Advanced Parole (I131). Can I transfer my H1B to the parent US company, and join as an employee for Indian subsidiary? And for the business reasons only travel using the H1B stamp for the US company?
Please let me know all the possible solutions. It's very hard to abandon the GC process after a decade of wait. At the same time it is impossible for me to keep waiting for another 12 years for the GC while the kids are growing fast, and already resisting the idea of going to India. I want to avoid the forceful exit from USA in future.
Appreciate all your helpful ideas.
Thanks,
venram
12-26 12:17 PM
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
