krishnam70
05-05 04:16 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
If USCIS issues an RFE asking for 'Continued Employment offer' or Evidence of Employment? or for that matter when he applies for an EAD/AP renewal he needs to support it with a letter of employment from the current employer.
If at any stage USCIS determines the candidate is actually working in a different category that which the LCA was applied for my interpretation is its ground for denial.
I will leave it to the experts to argue the merits or demerits of this
Good luck though
- cheers
kris
wallpaper Black and white beach
Blog Feeds
04-26 11:30 AM
As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.
An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.
But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:
If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.
If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.
To validate departure, CBP will consider a variety of information, including but not limited to:
* Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
* Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
* Dated bank records showing transactions to indicate you were in another country after you left the United States,
* School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
* Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.
More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)
An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.
But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:
If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.
If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.
To validate departure, CBP will consider a variety of information, including but not limited to:
* Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
* Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
* Dated bank records showing transactions to indicate you were in another country after you left the United States,
* School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
* Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.
More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)
alldreamer
05-28 06:28 PM
Hi everybody,
Can someone show me how to adjust status of b1 visa to permanent resident in the USA. I have a friend. She has a US citizen brother who had sponsered her to the USA. However she just received the receipt notice (pending case) from USCIS. Now she is staying in the USA with the b1 visa. How can she adjust her status to get the green card?
Hope to receive your answers soon.
Can someone show me how to adjust status of b1 visa to permanent resident in the USA. I have a friend. She has a US citizen brother who had sponsered her to the USA. However she just received the receipt notice (pending case) from USCIS. Now she is staying in the USA with the b1 visa. How can she adjust her status to get the green card?
Hope to receive your answers soon.
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Hong12
02-04 01:04 AM
My PERM has been pending for over one year, and I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped �Certified True Copy� with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped �Certified True Copy� with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
more...
chanduv23
09-14 09:57 AM
Flying to DC for their GC.............
Happy to know that there are still people who like and know how to make a difference.
And why does your profile say "NO" for the rally?
Happy to know that there are still people who like and know how to make a difference.
And why does your profile say "NO" for the rally?
Libra
11-15 11:20 AM
At least after DEC visa bulletin don't you guys think its time to act? Lets meet and greet in MN.
more...
gaurav_sh2
04-30 08:41 AM
I feel I had taken the right decision. I moved back to India in Nov 09 itself. I had a PD of feb 08 and was in EB-2 but looking at all the mess,I had decided to move back.
2010 Picture of White Cliffs Beach
ScratchingHead
09-30 05:33 PM
HI,
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.
If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.
Options:
1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
2) Go to your home country and return after 365, but you would be subjected to quota.
My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.
I just want to prepare for the worst case. Can any one please help with some information.
What are my options to get a H1B extension.
Thank you,
If your PERM is pending when the time comes for H1 extension, you can apply for a 1 year 7th year H1 extension, based of pending Labor and waiting more then 365 days.
If you PERM is denied. And you have neared the time of expiry of current H1, then its not possible to apply for H1 7th year extension. Because there is no grounds for extension.
Options:
1)Change the status from H1 to F1 or B1, until the time your PERM is approved, then come back to H1.
2) Go to your home country and return after 365, but you would be subjected to quota.
more...
anilsal
12-14 10:11 PM
Why not coordinate with the MA state chapter members?
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visshy
09-29 05:08 PM
Card production ordered on 28th ! After infopass, faxing documents, contacting congressman twice, ombudsman....finally it was approved on 28th ...4 days b4 the expiry phew
more...
FrankZulu
08-15 05:01 AM
3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
Thanks.
You have to enter US once at least in 6 months & not 1 year.
Thanks.
You have to enter US once at least in 6 months & not 1 year.
hot Black and White Beach Cliffs
tabletpc
09-03 09:48 AM
Thanks everyone....I will look in to all options...!!!
more...
house Black and White Picture/Photo:
qplearn
10-02 03:06 PM
Hi All
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
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anukcs
07-18 12:51 PM
I received below email from NPR's Jennifer Ludden who had covered July 2nd issue for us. She wants to talk to somebody who was affected and she is aware that the issue is now resolved. I was not affected since my PD became current in june and my application was reached CIS in june itself. Anybody willing to talk to her, please call her.
Thanks,
EMAIL FROM JENNIFER LUDDEN BELOW
=============================
Thanks for your note about my piece on the green card mess. Now that DHS has reversed itself again I am doing a short follow up for tonight�s program. Were you affected, and would you be willing to speak with me? I need to do this very soon as the show goes on the air in a few hours�
I can call you, or my number is 202 513 2256.
Many thanks,
Jennifer Ludden
Jennifer Ludden
npr
635 Massachusetts Ave., NW
Washington, DC 20001
(202) 513-2256
Thanks,
EMAIL FROM JENNIFER LUDDEN BELOW
=============================
Thanks for your note about my piece on the green card mess. Now that DHS has reversed itself again I am doing a short follow up for tonight�s program. Were you affected, and would you be willing to speak with me? I need to do this very soon as the show goes on the air in a few hours�
I can call you, or my number is 202 513 2256.
Many thanks,
Jennifer Ludden
Jennifer Ludden
npr
635 Massachusetts Ave., NW
Washington, DC 20001
(202) 513-2256
more...
pictures USA (lack and white)
pandeyrj
01-02 01:13 PM
I am on 4th yr of L1+H1 & planning to work on EAD for another employer on AC21. I want to know if can switch from EAD to H1 if any issue comes in 485.
Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?
Please reply.
Thanks.
Once I start work on EAD for another employer, can I extend my H1 visa which is expiring on july 2008 from the GC sponsering employer? Or I can I file new H1 with any employer & have it as backup in case if 485 will be rejected?
Please reply.
Thanks.
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paskal
12-01 10:13 AM
I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.
Thanks
Hello,
We can help you but the first step is to complete your profile
Also I suggest you start by joining the GA chapter, you will get some help from them.
Thanks
Hello,
We can help you but the first step is to complete your profile
Also I suggest you start by joining the GA chapter, you will get some help from them.
more...
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suren
10-07 02:35 PM
Thanks for you reply.
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
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pappu
08-29 09:12 AM
http://immigrationvoice.org/forum/showpost.php?p=49847&postcount=1
http://immigrationvoice.org/forum/showpost.php?p=20985&postcount=1
http://immigrationvoice.org/forum/showpost.php?p=20985&postcount=1
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vin13
01-15 12:42 PM
We had an emergency and got our AP approved and collected it at the USCIS office. We left US the very next day. We had no issues returning back. So i think you should be OK.
Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:
I personally think you should be OK based on your approval dates.
Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:
I personally think you should be OK based on your approval dates.
thomachan72
03-28 03:05 PM
Durbin (father of Dream Act) hates us. He loves to grand stand for "children of undocumented" "the down torn, the poor, the under privileged" and thinks we are like spoilt rich kid. This is a good thought, but who will bell the cat? Durbin is totally irrational when it comes to children of legal and undocumented. Not sure that you know this, but just thought of laying the facts as they are..
I understand what you want to convey. However, let us imagine a situation;
1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".
I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.
I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.
I understand what you want to convey. However, let us imagine a situation;
1) a senator / representative introduces an amendment saying "children of legal immigrants who are stuck in the backlogg of visa applicants and have abided by the rules that apply to those mentioned for children of ilegal immigrants, should be given precedence when allotting the required green cards". This is because these kids also "have been in this land for long, know of no other land other than this, have abided by rules and also in most cases are the best performing in the schools/colleges. they will serve particularly to raise the standard of education in the US on the long run".
I cant imagine how they can deny this amendment if at all tha majority wishes to pass the Dream act. This way atleast we can help the kids of our friends who have kids and are waiting for ever in line.
I would like to hear what IV seniors have to say about this. if they consider that we will esentially be linking us to the ilegals by doing this, I would say; There is no way that there is going to be any help comming (legally) for us regarding reduction of backlogg, so why not atleast get the future generation a slight push and we can still continue to wait for our turn.
aranya
07-03 06:30 PM
So I have to join the new employer only after the new I-140 is approved right..my current I-140 is already approved..
You can move to a new employer and start EB-2 (PERM based LC, I-140 etc.) with them. You can still retain the old PD because your I-140 has been approved.
You can move to a new employer and start EB-2 (PERM based LC, I-140 etc.) with them. You can still retain the old PD because your I-140 has been approved.
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