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But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.



In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).

In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.

Great job guys. So far this has been the big event with our direct participation and which grabbed headline news. I hope with this coverage, the Senators turn their heads towards legal immigration. Kudos to Aman, Tracy Hong, Shilpa and other core team members who are sacrificing their time and money by representing IV.

As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.

In short it is not easy to go back full time studying while your I-485 is pending.

If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.

Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.

Guys,

Please reply. It's urgent. I have to accept or reject the full time offer in couple of days.

Your help will be really appreicated.

Yes you need the I-94 attached with I-797 in order to apply for change of status (H1 to H4). your employer can not keep I-797. Just tell your employer that you need to apply SSN and you need I-797.
Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

Arpu

But for a small number -- but still significant, and certainly to the individual, significant -- if their name crops up and it's an older case, and it's in a file somewhere, someone has got to hunt it down. And to be perfectly honest, that is not a top priority job for an agent, is to go through an old paper record sitting in a warehouse.


This is called INTENTIONAL DERILICTION of duty!!! USCIS/FBI spent time on other things while harassing immigrants with inordinate delay in providing benefits!!!

Hi Immi2006.

Please help me understanding this..

Your statistics underneath::; 1) Is it NO. of Labour Petitions filed in those years and categories or 2) Are they Numbers of Labor and 140 approved pending cases for 485?:confused:

Please enlighten me....

thanks:)

Folks,

I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

It appears on rough estimates :

2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000

I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?

I will send out a response when I hear from him.

Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?

Thanks.

I need to get me that painter program :P

If it is as expensive as Photoshop I don't think I will be getting it anytime soon though. Too many other things I am saving up for.

And Edwin is the only expert here :)

misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
So does this information make any difference to your opinion?
I thank you for responding!
He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
He has no priors to any of this:
He has no convictions in any other country:
His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
He is 19 in November this year:
He has never left the USA for any period of time or vacation or anything

I used to work for big4 in IT, they file in EB3 unless you're a Sr. Mgr. I quit and joined another US company just for EB2...hoping for the best.

I got this from different website(not sure if I can quote here).

Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D

FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available

You are correct, Folks who hasn't got the FP done, and their dates are current ( AUG 08 VB), Get a Infopass. It doesn't hurt you, but it may help your case

I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).

If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.

Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..

Pls. advise..

Best...

Thank you very much for all your inputs. I hope everything goes well.

Stuck in Immigration backlog? Join IV for a furlong.

you may get 100 points it does not matter, We are still going to have country caps ...

How can i get 100 points, i dont have TOEFEL score and no relatives in US.

If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.

Chorke na jao saiyaan... :D
CONGRATS buddy!

January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

I hope this info useful for our fellow members.

Thanks,
Ram

r u an attorney , desi consultant or some nonsensical person...whats the point of this on IV...admin pls close this thread..