JazzByTheBay
11-28 11:47 AM
I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.
Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.
I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.
I recently learnt from someone that the petition was in fact approved.
I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.
Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?
Thanks,
Jazz
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newbie2020
04-29 03:14 PM
I see only USCIS officials and State dept officials in the panel committee...
Isn't it ironic ....??
They would put their argument why increasing the visa numbers will not really improve their efficiency in processing like July fiasco
I am sure we can see the transcripts of this hearing. Not sure if it is going to be on C-span as well.
Isn't it ironic ....??
They would put their argument why increasing the visa numbers will not really improve their efficiency in processing like July fiasco
I am sure we can see the transcripts of this hearing. Not sure if it is going to be on C-span as well.
glus
04-18 12:20 PM
If one applied for his I-485 before the H-4 visa was expired, then not a problem. The minor could obtain a new h-4 visa stamp overseas. He / she should take AP with her / him just in case they can't issue a visa for any reason.
Generally speaking, one who has a pending form I-485 is not obligated by law to maintain any other status such as H-1 or H-4 and the time after the expiration of such a status is not counted as unlawful presence as long as the pending i-485 is not denied.
Generally speaking, one who has a pending form I-485 is not obligated by law to maintain any other status such as H-1 or H-4 and the time after the expiration of such a status is not counted as unlawful presence as long as the pending i-485 is not denied.
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kumar_459
11-04 08:46 PM
Hi
My wife recently went for a H1B renewal stamping in india. They visa officer provided a 221(g) administrative processing (pink) requesting additional documents (job description, reasearch projects, previous visas list etc..,). She is preparing the necessary docs to submit the same. Since she went to india for a short trip (travelling back next week).
1. She has Advanced parole. Can we use Advance parole??
2. If we use Advance parole, then once the Adminstrative processing is complete, how do we handle the stamping?? Do we need to go back again to the consulate to get the stamping done? or is there a way to withdraw the visa application from the consulate??
I would greatly appreciate if someone is similar situation share their experiences
My wife recently went for a H1B renewal stamping in india. They visa officer provided a 221(g) administrative processing (pink) requesting additional documents (job description, reasearch projects, previous visas list etc..,). She is preparing the necessary docs to submit the same. Since she went to india for a short trip (travelling back next week).
1. She has Advanced parole. Can we use Advance parole??
2. If we use Advance parole, then once the Adminstrative processing is complete, how do we handle the stamping?? Do we need to go back again to the consulate to get the stamping done? or is there a way to withdraw the visa application from the consulate??
I would greatly appreciate if someone is similar situation share their experiences
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Blog Feeds
05-14 04:00 PM
The American Immigration Policy Center issued an excellent Fact Sheet about H2A farm orkers and the need for reform.
The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation�s economy.
Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.
According to the National Agricultural Workers Survey (NAWS), conducted biannually by the Department of Labor, the share of seasonal agricultural workers who reported that they were unauthorized has increased dramatically in the last two decades, rising from 7% in Fiscal Year (FY) 1989, to 16% in FY 1990-91, to 28% in FY 1992-93. In the most recently published NAWS survey from FY 2001-02, 53% of all seasonal agricultural workers admitted they were not authorized to work in the U.S. However, many experts suggest that the number may actually be closer to 75%.
Read the Fact-sheet here (http://www.immigrationpolicy.org/images/File/factcheck/Farmworkers%20Fact%20Sheet.pdf)
More... (http://www.visalawyerblog.com/2009/05/h2a_visas_facts_about_farmwork.html)
The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation�s economy.
Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.
According to the National Agricultural Workers Survey (NAWS), conducted biannually by the Department of Labor, the share of seasonal agricultural workers who reported that they were unauthorized has increased dramatically in the last two decades, rising from 7% in Fiscal Year (FY) 1989, to 16% in FY 1990-91, to 28% in FY 1992-93. In the most recently published NAWS survey from FY 2001-02, 53% of all seasonal agricultural workers admitted they were not authorized to work in the U.S. However, many experts suggest that the number may actually be closer to 75%.
Read the Fact-sheet here (http://www.immigrationpolicy.org/images/File/factcheck/Farmworkers%20Fact%20Sheet.pdf)
More... (http://www.visalawyerblog.com/2009/05/h2a_visas_facts_about_farmwork.html)
saileshdude
09-03 10:29 AM
All,
I am thinking of initiating a congressman/senator inquiry for my I-485 since my PD is current. I was wondering if anyone communicated with MA senators and/or congressman for this purpose and what their experience was. Also if anyone can share the format for the letter that you write to the senator.
Thanks in advance.
I am thinking of initiating a congressman/senator inquiry for my I-485 since my PD is current. I was wondering if anyone communicated with MA senators and/or congressman for this purpose and what their experience was. Also if anyone can share the format for the letter that you write to the senator.
Thanks in advance.
more...
hsingh82
02-04 01:37 PM
They do (3 years old info). Make sure you ahve all the documents that are mentioned in their checklist. They will give you the visa with the expiry date based on your I-94.
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Motivated
11-15 12:27 PM
The town we are in only has a community college only, my spouse is an engineer and they have nothing to offer... Small town restricts her chances to be hired on H1 too.
Biggest reason for taking up the new job is to be able to access the above options.....:(
Biggest reason for taking up the new job is to be able to access the above options.....:(
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engineer
07-20 03:51 PM
Can spouse leave to home country after filing concurrent i140 and 485 application?
Her and mine application (concurrent 140 and 485) was filed on July 2nd, 2007but I have not received RECEIPT # yet. Can my spouse leave USA or we have to have get Receipt # first ?
Please tell me quickly.
thanks,
Her and mine application (concurrent 140 and 485) was filed on July 2nd, 2007but I have not received RECEIPT # yet. Can my spouse leave USA or we have to have get Receipt # first ?
Please tell me quickly.
thanks,
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sanju_dba
05-06 11:02 AM
Hi All,
I need to travel urgently to India due to some family issue and my EAD is expiring in Aug 2010. I need to apply for my renewal before I fly out this Sunday since I will have to be in India for 30 days. Can I e file my application from here and send the supporting documentation by Saturday? If so, I want to make sure that if for some reason, I get a biometrics appt., while in India, how can I postpone it? and also there won't be any issues with my EAD renewal app since I will be India and My I 94 will change once I am back.
Thanks for all your responses.....
I think it should be OK!
-> i guess there is a provision to delay your FP if it arrives for any reason, any of your representative here can scan and let u see the contents , there will be a phone to call and postpone.
-> if you are C9 category ( 485 in EB category ) , you donot need i94 number , you need alien number.
I need to travel urgently to India due to some family issue and my EAD is expiring in Aug 2010. I need to apply for my renewal before I fly out this Sunday since I will have to be in India for 30 days. Can I e file my application from here and send the supporting documentation by Saturday? If so, I want to make sure that if for some reason, I get a biometrics appt., while in India, how can I postpone it? and also there won't be any issues with my EAD renewal app since I will be India and My I 94 will change once I am back.
Thanks for all your responses.....
I think it should be OK!
-> i guess there is a provision to delay your FP if it arrives for any reason, any of your representative here can scan and let u see the contents , there will be a phone to call and postpone.
-> if you are C9 category ( 485 in EB category ) , you donot need i94 number , you need alien number.
more...
hello
12-07 10:46 AM
Thats fine if Dream Act is last on agenda,then we"ll have more time to call senators.Please pickup phone and call the Senators.Thank You.
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Green Card Aspirant
03-25 06:45 PM
Are we allowed to apply for H1 B Extension with Premium before 6 months of Current H1 B expiry in this current situation
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TO BE OR NO TO BE
09-11 04:49 PM
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new york, ny 10019
(212) 468-1762
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WaitingUnlimited
03-26 04:20 PM
I am happy as this thread is not opened by nasty rajpatel again!!:p
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pandu345
12-19 12:03 PM
Hi All,
Here is my question.
I was working for employer A.I left employer A on Nov 15 , I received my last paycheck from employer on Nov 22, 2007.
I know my employer A did not revoke / cancel my H1b.
I accepted offer from employer B on Nov 20.I came in communication with employer B lawyers on Nov 23.I am based in one state and work
in another state.Lawyer got all the documents from me on Nov 25,Then she said , we will have to get prevailing wages from two states , and she
send the request for them.We received prevailing wages from states on Dec 11.Then she sent my H1b transfer petetion to USCIS on Dec 14.I received
the receipt from USCIS on Dec 18.
Will my H1b get transferred , or will I have any issues.
Thanks,
Pandu
Here is my question.
I was working for employer A.I left employer A on Nov 15 , I received my last paycheck from employer on Nov 22, 2007.
I know my employer A did not revoke / cancel my H1b.
I accepted offer from employer B on Nov 20.I came in communication with employer B lawyers on Nov 23.I am based in one state and work
in another state.Lawyer got all the documents from me on Nov 25,Then she said , we will have to get prevailing wages from two states , and she
send the request for them.We received prevailing wages from states on Dec 11.Then she sent my H1b transfer petetion to USCIS on Dec 14.I received
the receipt from USCIS on Dec 18.
Will my H1b get transferred , or will I have any issues.
Thanks,
Pandu
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gcnirvana
08-24 12:07 PM
bump
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locomotive36
01-11 03:25 PM
Gurus,
My H1B extension is pending with the VSC. I want to upgrade my H1B extension to a premium process by paying 1000 USD.
Now, my question is - Can I do it myself thru efile or regular way using form I-907? Or should it be done only thru the employer or attorney?
I am asking this because my attorney is charging a ridiculous attorney fees of 250 USD on top of 1000 USD for upgrading my case to a premium!
Please help.
Thanks!
My H1B extension is pending with the VSC. I want to upgrade my H1B extension to a premium process by paying 1000 USD.
Now, my question is - Can I do it myself thru efile or regular way using form I-907? Or should it be done only thru the employer or attorney?
I am asking this because my attorney is charging a ridiculous attorney fees of 250 USD on top of 1000 USD for upgrading my case to a premium!
Please help.
Thanks!
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obelix
07-27 02:26 PM
I got copies of my receipt from my lawyer 2 days ago. Usually how long does it take to get the FP notice?
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uncentainty
05-08 10:31 PM
Can my new employer file a H-1B transfer based on my previous I-94 and H-1B approval notice and nonstop paystubs? Can I start to work for my new employer once I get the receipt notice?!
Thanks!
Uncertainty:confused:
Thanks!
Uncertainty:confused:
REQUIRE_GC
06-21 11:03 PM
Me and spouse got the "Card production ordered" and "Welcome notice" emails today morning.
Here is the journey:
Nov.2002 - RIR Labor filed in CA
June 2006 - Labor approved from Phily BEC
July 2006 - I-485 , I-140 filed at TSC
Sept.2006 - I-140 approved
Got stuck in namecheck ( name check may be still pending )
May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
June 4, 2008 - Responded to RFE
June 16, 2008 - Green card approved
Now, waiting for the actual card to arrive.
Hey Congrats!!!!!!!!!!!!!!
Here is the journey:
Nov.2002 - RIR Labor filed in CA
June 2006 - Labor approved from Phily BEC
July 2006 - I-485 , I-140 filed at TSC
Sept.2006 - I-140 approved
Got stuck in namecheck ( name check may be still pending )
May 20, 2008 - RFE received for missing TB Skin test ( doctor screwed up)
June 4, 2008 - Responded to RFE
June 16, 2008 - Green card approved
Now, waiting for the actual card to arrive.
Hey Congrats!!!!!!!!!!!!!!
jliechty
February 10th, 2006, 08:03 PM
What format are you saving images in? As I understand from what I've been told (I've shot with a D70, D1, and D200, but not a D100), the D100 can be quite a pain to use with compressed RAW, as it becomes very slow; are you sure the settings haven't somehow gotten changed to use RAW compression?
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