harishgowda
05-19 08:08 AM
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
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sunny1000
04-20 03:09 PM
I-94 also does not have the date written
In that case, here is the relevant Q&A in the www.cbp.gov website. Hope it helps:
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS.
In that case, here is the relevant Q&A in the www.cbp.gov website. Hope it helps:
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS.
good idea
09-13 07:59 PM
Common guys we need to make some thing better for EB3 folks.
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...
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summitpointe
06-13 04:04 PM
Good job.
more...
ck_b2001
07-17 07:37 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.
chanduv23
04-15 07:04 PM
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Thanks for quoting my nae too with all the other gurus :) Congratulations. Do visit IV and keep supporting us :)
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Thanks for quoting my nae too with all the other gurus :) Congratulations. Do visit IV and keep supporting us :)
more...
SU1979
10-09 01:05 PM
Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......
I am from a non-retrogressed country. For me the priority date is always current...both in October and November visa buletin. I understand, there are some issues. Do you know, what can happen at worst case ?
Thanks
I am from a non-retrogressed country. For me the priority date is always current...both in October and November visa buletin. I understand, there are some issues. Do you know, what can happen at worst case ?
Thanks
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admin
06-01 11:02 PM
This is a PM from for_ac21iv to me. He couldn't post here as I had closed the thread.
Hi Admin,
I started the new thread and poll "Separate bill for legal immigrants from CIR provisions", with the intention to help realise and pursue what appeard to me as a option/opportunity that might help us legal immigrants. It just seems to me from media and other forums that cir may take a long long time.
I donot have complete knowledge of the process and timing of how legislation and lobbying works. Educating myself from aritles and posts on this and similar forums.
It has been almost 5 years since I started my gc process and am really looking for ways that might make it faster for people like me and future applicants going forward and I really appreciate what IV is doing in this direction.
I apologize if my poll, thread or intentions came across as anything but the above. Also, I will change my username, it has "iv" and may have lead others to interpret my messages as from IV.
Please post this message in that thread for me. It looks like "Separate bill for legal immigrants from CIR provisions" thread is closed.
Sincerely,
Hi Admin,
I started the new thread and poll "Separate bill for legal immigrants from CIR provisions", with the intention to help realise and pursue what appeard to me as a option/opportunity that might help us legal immigrants. It just seems to me from media and other forums that cir may take a long long time.
I donot have complete knowledge of the process and timing of how legislation and lobbying works. Educating myself from aritles and posts on this and similar forums.
It has been almost 5 years since I started my gc process and am really looking for ways that might make it faster for people like me and future applicants going forward and I really appreciate what IV is doing in this direction.
I apologize if my poll, thread or intentions came across as anything but the above. Also, I will change my username, it has "iv" and may have lead others to interpret my messages as from IV.
Please post this message in that thread for me. It looks like "Separate bill for legal immigrants from CIR provisions" thread is closed.
Sincerely,
more...
waitingnwaiting
01-19 12:32 PM
Let us start a thread to list of EB3 Immigrants that have done well in USA.
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
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mbartosik
05-30 01:17 PM
Following this logic only BEC cases are affected.
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.
If BECs complete processing by year end then all I140s could be issued within a few months of that.
After BEC cases have been processed then what's the problem since PERM is workable?
The only problems I see are:
BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.
The extension beyond 6th year was only ever intended to allow for the labor certification backlog.
Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).
If the BECs complete their job, why would there be a need for 7th year extensions?
more...
anilsal
08-06 12:38 AM
for the lucid description. Having local interviews can be stressful on people (and the sheer anticipation of it). I do hope your list of things can be posted on some blog or a place that is easily accessible later.
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simple1
09-13 12:25 PM
Let's not fool ourselves with these petty differences.
Cheers!
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
I agree, health care reform discussion is a good indicator of the intensity of CIR discussion. We need to be ready.
Cheers!
Healthcare debate is a good indicator of what is coming next... fasten your seat belts and be ready!
I agree, health care reform discussion is a good indicator of the intensity of CIR discussion. We need to be ready.
more...
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Pagal
09-27 12:04 PM
Hello,
I think you are fine to do day trading on any visa type.
Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.
If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.
In summary, good luck w day trading! Do donate part of the profits to IV... :)
I think you are fine to do day trading on any visa type.
Just because you conduct multiple transactions per day does not legally imply that you are paying any less attention to your regular job.
If you are called for an AOS interview, a curious IO may ask how did you manage both, but you can always show that you did your job well by providing copies of your performance evaluations and/or letters from your supervisors/HR.
In summary, good luck w day trading! Do donate part of the profits to IV... :)
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girijas
06-13 04:17 PM
It's suprisingly difficult to get people to make calls - most of them think it is silly or wrong to lobby, when the fact of the matter is that, the louder ones are those who get heard - not necessarily the ones who have a stronger case :(
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.
more...
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ameryki
02-27 02:32 PM
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
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kishdam
03-19 12:16 PM
I-140 withdrawal is not mandatory but it's good for both - employer and employee.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
more...
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matreen
01-22 03:00 AM
I am also in similar boat....please advice guys....
what happend once you invoke your AC21 and travell on AP ......
What would be the best answers at POE if they ask I am working for the GC sponsered Employer?
M
what happend once you invoke your AC21 and travell on AP ......
What would be the best answers at POE if they ask I am working for the GC sponsered Employer?
M
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wandmaker
02-26 04:37 PM
10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
I was working on getting those documents, I was in constant touch with my employer...
two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl
If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.
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mayhemt
08-30 12:02 PM
Not illegal if you are also present in the recording.
- son of a lawyer... not a lawyer myself.
hopefulgc is right.....laws vary by each state, but basic rule comes down to atleast one party on both ends consenting for recording. In this case, you have consented yourself for recording & recorded it. Also only if want to make it public this rule applies, If you are recording for your own reference it doesn't apply (disclaimer: consult a professional lawyer...)
Even I faced a similar situation with my manager (of course a desi). He would promise some things (like promotions) & the end of the year he would completely deny any promising like that. So I used my cellphone (most of the cellphones come with a voice recorder feature these days). Whenever he would take me for one-to-one review meetings, i would simply activate the voice record shortcut & keep my cellphone in my upper left pocket; later I when I played I laugh out loud for hours & hours for all the smooth bullshit he talks. Of course I never went public with them, kind of keeping them as secret weapon.
- son of a lawyer... not a lawyer myself.
hopefulgc is right.....laws vary by each state, but basic rule comes down to atleast one party on both ends consenting for recording. In this case, you have consented yourself for recording & recorded it. Also only if want to make it public this rule applies, If you are recording for your own reference it doesn't apply (disclaimer: consult a professional lawyer...)
Even I faced a similar situation with my manager (of course a desi). He would promise some things (like promotions) & the end of the year he would completely deny any promising like that. So I used my cellphone (most of the cellphones come with a voice recorder feature these days). Whenever he would take me for one-to-one review meetings, i would simply activate the voice record shortcut & keep my cellphone in my upper left pocket; later I when I played I laugh out loud for hours & hours for all the smooth bullshit he talks. Of course I never went public with them, kind of keeping them as secret weapon.
raysaikat
04-21 11:27 PM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
harishgowda
05-19 08:08 AM
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
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