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When you leave US, your I-94 attached to your passport (Old One) will be taken and once you re-enter, another I-94 (with same number as on your I-94 issued with your H-1B approval) will be issued and attached to your passport.


Hi,

What exactly is the deal with the 2 I-94s? We get one with the H1-approval and one when we enter/re-enter the country. Now when we leave the country they automatically take then I-94 attached to the passport. What happens to the I-94 with the H1B approval. Are we supposed to give that away as well? I have left and entered the country 2-3 times but never surrendered the I-94 attached to the h1B.

Can someone please let us know how this I-94 surrendering and numbering works?

There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.

Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.

there is no such thing as premium processing of h4 unless filed with h1b

Mr. EndlessWait -

You extended your status, not visa. Please get your basics correct.

1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1

Good Luck


Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

----------------------------------
Permanent Resident since May 2002

Is the visa number the red colored number on the visa stamp or something else?

thanks

numbers are critical to lawmakers and so...
don't think of this as spam!
if it was useless orgs like AILA, ALIPAC and NumbersUSA would not be bothering with webfaxes to lawmakers.
the legislative staff bunch them together and gauge the numbers of people interested in a particular provision or specific relief. therefore the emalils and the webfaxes, even though they have standard language are critical.
As for including every single provision and relief in the webfax, this would not work. It has to be concise and specific with some core issues highlighted- remember iv works with major lobbying firms and certainly has input from people with a lot of experience. Webfaxes and e mails do buy access though for our core team and lobbyists and highlight our issue. Once that is achieved we have a much better chance of getting friendly amendments with various different kinds of relief- including things not specifically mentioned in the webfax itself.

Having said this, it does not stop members from ALSO writing individual e mails to lawmakers highlighting our problems in your own language. I have done so myself and had very encouraging success in getting specific personal responses from the staff of some lawmakers. You all know who friendly senators are, write to them specifically by all means highlighting your individual problems, end my mentioning iv and it's work for skilled immigrants. I even posted the iv message at the end of my personalized e mails.

Please send the iv web fax and e mails and do make the additional efforts as well. and don't forget to contribute...

There are multiple ways of doing it. I use your way, but I was trying to go a way that was easier to explain so if anyone who is new to photoshop read this, they would understand.

Please read this: Entering Canada � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)

Thanks! this is useful link anyway. I quickly browsed through it. But still the question I asked is not answered.

The thread is for people with Canadian perm residentship and also have US green card. They may face issue due to conflict of interest (intent) between both white/green cards.

while, most of us do not have Canada perm residentship. why should we face that issue? I was only concerned with any other issue due to the fact of mere visiting canada on greencard? if it can raise any suspicion (or any technical issue) of abandoning the pending or approved GC?

You are right! Some people did not notice that moe is not illegal. But some people did notice the moe is an anti-immigrant disguising someone he is not. moe wanted to hear exactly what you told him. Now he will bash legal immigration saying all legal immigrants are actually illegals. Please try to use your brains, maybe just a couple of times every few years.

.

How about using your heart? I feel sorry for you...

Can we know which airline direct flight from Mumbai to Newark you mentioned something new or is it AirIndia??

Presently Continental is the only non-stop EWR-BOM service operated on a daily basis. AI flies EWR-CDG-BOM

Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.

Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).

I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.

As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."

Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.

I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.

Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

Cons
(a) How many EB visas will they increase in CIR?...
(b) Will they allow you to file I-485 before your visa number is available.
(c) How stable would be your job be in comming years
(d) What year of your H1 B are you in.

1) If you do not have a problem in H1b extension then.. new Perm Labor in 6 months... (a) I-140 in one month if premium ---- b) if they say no premium you have to wait, how long can't say)

1a) favourable ... 1b) -- ?????

2) If Eb numbers increase a) allow you to file I-485 to get EAD.
b) Eb num increases but no I-485 until date becomes current.

2a) will get you EAD, WIFE can get a job anywhere.. no travel problems and extensions.

2b -- opposite to 2a

3) Job at this company or Green Card. a) You want green card quicker as EB2 will move faster than EB3 even if USCIS don't allow you to file I-485 is
current.

b) If dont care about the earlier issues and are happy to stick with the new job and feel you will be at this place then

Your decision....

I may be wrong but I need GC quicker

I think some of the I140 dates went backwards in Nebraska. I can't understand how it can move backwards...Some moved just a few days even though the list is updated after 2 months!

I am sorry to say , but I have not seen any results from IV as well , they seem to be in the same boat as us, wait , wait and wait more, things will take care of themselves over time, seems to be the strategy.

Rated 5 starts.

Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...

Apply for GC...as you become illegal its easier to get GC. Only people who legal and law obeying to need to be in line for years.

Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.

Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.

Backlog... This word is not in dictionary of USCIS.
USCIS never think of backlog. For them new filings are like subscribing to them and it generates constant revenue for them when people file for EAD, AP etc..

USCIS Slogan... KEEP FILING, YAHE HAI RIGHT CHOICE BABY

.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....

1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

Have a good day!

________________________
Not a legal advice
US citizen of Indian origin

I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

Any comment on any of the above questions will be highly appreciated.

Thanks for you time.

Ah, so painter is really the best if you have a tablet, but if you don't have one, then you shouldn't bother????