mdmd10
07-24 02:16 PM
This date is very important and you do not want to enter the wrong date.
I-94 dates are available on the I-797 reciept as well as if one enters the country via air. The latest I-94 that the applicant gets is the one that is valid.
For example, you applied for H1 and got an approved I-797 reciept. Then you went to India and got your visa stamped in your passport and you then came back to the US, and at the port of Entry you filled up a New I-94 form (white card). Then this white card takes precedence over your I-797 notice, since this was the last one obtained. Legally you are permitted to stay in the country till the expiry dateon this white I-94 card.
The later assume if you went in for your H1B extension and then recieved a new I-797 approval with a I-94 stub attached at the bottom (green I-94). Then since this green stub is the latest I-94 you have recieved , you are permitted to stay in the country legally till the expiry date on the green stub.
In case this is just your first I-94, and you haven't gone out of the country yet for any stamping of the visa on your passport, then the green stub I-94 on your I-797 is the one you ought to be referring to.
But once again, please consult your lawyer about this, as there can be various interpratations and you must understand all aspects of it.
I-94 dates are available on the I-797 reciept as well as if one enters the country via air. The latest I-94 that the applicant gets is the one that is valid.
For example, you applied for H1 and got an approved I-797 reciept. Then you went to India and got your visa stamped in your passport and you then came back to the US, and at the port of Entry you filled up a New I-94 form (white card). Then this white card takes precedence over your I-797 notice, since this was the last one obtained. Legally you are permitted to stay in the country till the expiry dateon this white I-94 card.
The later assume if you went in for your H1B extension and then recieved a new I-797 approval with a I-94 stub attached at the bottom (green I-94). Then since this green stub is the latest I-94 you have recieved , you are permitted to stay in the country legally till the expiry date on the green stub.
In case this is just your first I-94, and you haven't gone out of the country yet for any stamping of the visa on your passport, then the green stub I-94 on your I-797 is the one you ought to be referring to.
But once again, please consult your lawyer about this, as there can be various interpratations and you must understand all aspects of it.
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mrsr
07-09 08:08 PM
How about this idea?
fromnaija
04-27 03:49 PM
Many people wait until they at least receive the receipt notice but nothing stops you from starting with the new employer as soon as the petition is submitted (you may need to provide proof of this submission) as per AC21.
(I am not an attorney so please contact your lawyer for confirmation)
Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.
Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.
(I am not an attorney so please contact your lawyer for confirmation)
Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.
Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.
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bidme_786
01-18 11:21 AM
Hello There,
I want to apply for my 3 yrs H extension using preminum processing. Can i do that by just using the email confirmation from USCIS that I-140 petition was approved? My 1-140 petition was approved in Dec,2006 and still have not recived my approval notice.
Thanks,
I want to apply for my 3 yrs H extension using preminum processing. Can i do that by just using the email confirmation from USCIS that I-140 petition was approved? My 1-140 petition was approved in Dec,2006 and still have not recived my approval notice.
Thanks,
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kondur_007
08-19 11:00 AM
My employer filled EB-2 PERM for me on 12/2007.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.
Anyone here succeed in this?
Thank you very much!
Simple answer is "YES YOU CAN" :)
But start on your NIW case soon, it is much easier to get NIW done if you have a job while applying. Also there is no premium processing for NIW yet, so work on it now, dont wait till you get laid off.
Additionally, get a good attorney! NIW case requires a "VERY good attorney", not the one who is not sure of some simple thing like porting of PD.
Good Luck.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.
Anyone here succeed in this?
Thank you very much!
Simple answer is "YES YOU CAN" :)
But start on your NIW case soon, it is much easier to get NIW done if you have a job while applying. Also there is no premium processing for NIW yet, so work on it now, dont wait till you get laid off.
Additionally, get a good attorney! NIW case requires a "VERY good attorney", not the one who is not sure of some simple thing like porting of PD.
Good Luck.
cr125rider
04-16 02:00 AM
Good idea, a project for tomarrow. *Goes to sleep, reads clock "1:00"*
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rajkumar_engg
05-26 09:25 AM
I had applied for my H1B extn and got an RFE. Lawyers replied to it and its almost 7 weeks now, haven't got any reply.
Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?
Is this a usual timeframe? how long will it usually take for USCIS to take any action on the RFE's after the reply was sent with all appropriate documents?
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Dhundhun
10-28 01:35 AM
Good finding. They should push quarterly overflow to keep them busy.
more...
snathan
08-05 05:24 PM
my wife has filed for her I-485 (AOS) with me.
She has an H1 whch expires in 2012.
she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).
Now my question is does she has to do anything to renew her I-94?
If she doesnt renew her H-1 now will she be still in-status on H1?
does she have to renew her AP in order to stay in status?
This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.
Thanks in advance...
AP is only for travel purpose. She will be either on AOS or H1 Status.
If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1
She has an H1 whch expires in 2012.
she used her AP while entering US this year at port of entry. Office gave I-94 for one year(it expires in Jan 2011).
Now my question is does she has to do anything to renew her I-94?
If she doesnt renew her H-1 now will she be still in-status on H1?
does she have to renew her AP in order to stay in status?
This area of the law is very confusing and it would be great if some attorney or expert give their valuable suggestions on this.
Thanks in advance...
AP is only for travel purpose. She will be either on AOS or H1 Status.
If she wants to work, she needs to get either EAD or keep the H1 status. Since she used the AP upon return, she is now not in H1B status. Check with attorney if you want to restore to H1
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beautifulMind
07-05 02:05 PM
http://www.nytimes.com/2007/07/04/us/04visas.html
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RNGC
03-06 06:40 PM
The thread is having very less visibility....post this in all forums...
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Sunx_2004
10-17 07:11 PM
Hi,
Is it possible to be on H1B after AC21 is invoked?
Here is my situation-
I filed I485, EAD and AP in July with approved I140. This month My company is acquired by new company. Starting November 1st I will be employee of new company.
I just finished conference call with my lawyer as per him, There is no change in GC process only New Company has to file AC21 after 180 days of filing 485. When I asked him whether I can maintain my H1 after filing AC21 he said yes.
Is it possible?
Please advise
Is it possible to be on H1B after AC21 is invoked?
Here is my situation-
I filed I485, EAD and AP in July with approved I140. This month My company is acquired by new company. Starting November 1st I will be employee of new company.
I just finished conference call with my lawyer as per him, There is no change in GC process only New Company has to file AC21 after 180 days of filing 485. When I asked him whether I can maintain my H1 after filing AC21 he said yes.
Is it possible?
Please advise
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ricky26
02-07 12:55 AM
Thanks for the reply.
What if, only H4 holder (AOS pending) returns to USA using valid (till Dec' 09) H4 stamping ? Do they (at POE) come to know that spouse's 485 has been approved ?
H1 holder (485 approved) will return afer couple of days.
Urgent please help by giving your suggestions/opinions/experiences.
Thank you.
What if, only H4 holder (AOS pending) returns to USA using valid (till Dec' 09) H4 stamping ? Do they (at POE) come to know that spouse's 485 has been approved ?
H1 holder (485 approved) will return afer couple of days.
Urgent please help by giving your suggestions/opinions/experiences.
Thank you.
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chrisclick
04-11 01:53 PM
Shame, I wanted to see the results.
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vactorboy29
09-21 03:20 PM
For us it took @ 104 days to get AP approved.
Receipt Date - 04 June 2010
Aprroved Date 17 Sep 2010
Still i am wating on EAD,EAD was applied same time.We had RFE on June 22 resubmitted now system showing June 25 receipt date.
Receipt Date - 04 June 2010
Aprroved Date 17 Sep 2010
Still i am wating on EAD,EAD was applied same time.We had RFE on June 22 resubmitted now system showing June 25 receipt date.
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pritesh80
02-14 08:47 AM
Hello,
I have a H1B visa stamped on my passport for Company A. This visa is valid till Nov 2008 and will need renewal after that.
I recently changed my company from Company A to Company B. They have filed for my H1B transfer.
Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?
Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp
Thanks in Advance for your answers.
I have a H1B visa stamped on my passport for Company A. This visa is valid till Nov 2008 and will need renewal after that.
I recently changed my company from Company A to Company B. They have filed for my H1B transfer.
Question 1] Will this new H1B for Company B be valid for 3 more years (Till Feb 2011) or will this visa have to be renewed in November 2008 (remember by visa stamp for Company A is valid till Nov 2008)?
Question 2] What if I want to travel to India this October (remember by visa stamp for Company A is valid till Nov 2008)?? Can I still travel on my old visa stamp or will I need to go to embassy again in India for a new stamp
Thanks in Advance for your answers.
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sounakc
03-22 08:04 AM
My parents are going for visa interview in kolkata. I heard they dont allow mobile phone inside the consulate. Is there any storage spot to leave them ?
sounak
sounak
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cr52401
10-02 11:57 AM
1. Where are you planning to go? CAnada. or Mexico or your country of origin.
Depending on the above answer the process will be different.
I am planning to go to Canada because my PR will be ready soon and I have to land to get my cards. I am not planning to stay there. Unfortunately I was born in one of those five countries which I can not go out and in with H1. With this US immigration Retro. I really don't like to lose my Canadian profile.
I am looking for find a way going around this issue and make sure I can come back to us without any problem.
Please let me know if you can help me.
EB3 from ROW, PD of Oct 2003. File RIR and transfer PD with Perm.
Thank you.
Depending on the above answer the process will be different.
I am planning to go to Canada because my PR will be ready soon and I have to land to get my cards. I am not planning to stay there. Unfortunately I was born in one of those five countries which I can not go out and in with H1. With this US immigration Retro. I really don't like to lose my Canadian profile.
I am looking for find a way going around this issue and make sure I can come back to us without any problem.
Please let me know if you can help me.
EB3 from ROW, PD of Oct 2003. File RIR and transfer PD with Perm.
Thank you.
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vikasgarg24
08-09 12:40 PM
Bs+5 or masters+1 years of experience
jatinr
06-19 08:50 PM
Thanks Panky72, where should I file the EAD
gchopes
10-13 11:16 AM
I am talking about working for two different companies at the same time.
Company A - US - Paid in USD on H1B
Company B - India - Paid in Rupees.
Ok to do the above?
that's how infy, wipro, tcs work...they get ppl here on H1 and get paid in dollars....once they go back to india, they get paid in rupees....u need h1 if ur in the US.
Company A - US - Paid in USD on H1B
Company B - India - Paid in Rupees.
Ok to do the above?
that's how infy, wipro, tcs work...they get ppl here on H1 and get paid in dollars....once they go back to india, they get paid in rupees....u need h1 if ur in the US.
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