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12-14 11:30 PM
Client just called and asked for a change of status from B2 visitor to F1 student. I said, great we can help, but when does your status expire. He said, no worries I am good for 10 years!!! Been here for 4 only.
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
I said: No you are not, the I-94 (little white card in the passport) is what controls your status, this only good for 6 months max. I heard a loud sound of falling and silence. For those who are in the U.S. temporarily as nonimmigrants, the most important date to track is perhaps the expiration date of their I-94 arrival / departure cards. The I-94 is a small card that is usually stapled into one's passport. It is obtained in one of two ways. It can be issued by a Customs and Border Protection (CBP) officer at the port of entry upon arrival in the United States. It can also be issued by the U.S. Citizenship and Immigration Services (USCIS) when one is granted an extension or change of nonimmigrant status from within the United States.
The I-94 card reflects how long one is permitted to stay in the United States, provided s/he complies with the terms of her/his status. Occasionally, the CBP or USCIS will issue an I-94 card with an erroneous date (either issuing an approval for a longer period than is permitted by law or granting an individual less time than appropriate.) In either case, one should immediately obtain competent legal advice on the proper steps to correct the error.
One should never rely upon an erroneous grant of more time in a nonimmigrant category than was requested or than one is eligible to receive. So if you are pending change of status for 2 years, it does not mean that you are legal for 2 years.
It is important to remember that the expiration date on a visa stamp in the passport and the expiration date on the I-94 card are often not the same. The visa is an entry document, only. The time that one is actually allowed to remain in the United States after an entry could be much shorter or longer than the duration of the visa.
The appropriate amount of time is determined by the CBP at the port of entry. This is based on applicable law as well as the CBP's discretion.
More... (http://www.visalawyerblog.com/2010/12/i94_card_what_is_it_and_what_i.html)
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krishna_brc
07-28 02:49 PM
Just to let everyone know if any of you encounter the same issue -
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.
Thanks,
Krishna
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.
Thanks,
Krishna
cagedcactus
10-19 09:08 AM
Welcome to the Land of the freeeeeeee.
They call it Democracy....
They call it Democracy....
2011 Xbox Live Gamertag/PSN ID:
pappu
12-09 12:15 AM
wow, u actually digged out the real feb95 bulletin.. amazing how many 'C's it had.. those were the days
You did not have H1B extensions and AC21 though!
You did not have H1B extensions and AC21 though!
more...
mwin
08-30 10:00 AM
Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
gc_on_demand
03-10 04:24 PM
Please add this tutorial on IV wiki too so that in future when someone asks, we can point to the Wiki - Forums FAQS
Hello Pappu
There is a link for Edit Profile under WIKI
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ
I just want to make this thread so people update. Most of time people dont visit other stuff but only threads.
Hello Pappu
There is a link for Edit Profile under WIKI
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/FORUM_FAQ
I just want to make this thread so people update. Most of time people dont visit other stuff but only threads.
more...
ashshef
09-01 02:44 AM
Just tell the first level rep that its been over 90 days. They don't even ask your name...so no bad ramifications. They will transfer you. You can tell the 2'nd level rep the truth. They don't know what you told the 1'st level rep.
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jelo
02-10 10:31 AM
Just could have been a clerical error. Even this is my guess. Because I am running out of reasons for triggering that question.
Thanks alot for responding
Thanks alot for responding
more...
sunny1000
09-13 02:23 AM
Great Work Lady and gentlemen!
Here is an inspirational song by Mavis Staples to go with it. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
Here is an inspirational song by Mavis Staples to go with it. The song and the video are moving. But, some might find the video graphic so, please use discretion.
http://www.youtube.com/watch?v=0ZWdDI_fkns
Good luck on the 18th.
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bang
03-24 04:59 PM
You should mention both the intent, i did that last year and it was no problem (it was in seattle where i applied for Visa)
more...
raysaikat
07-08 10:39 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
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trnandakumar
11-03 07:10 PM
I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
more...
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![Hello Kitty Xbox. Re: »»[HKA] Hello Kitty](http://thepinkcontroller.files.wordpress.com/2008/12/hello-kitty-halo.jpg "Re: »»[HKA] Hello Kitty")
gc_maine2
03-27 03:21 PM
:D:D:D::D LOL
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
On serious note, its really long wait.
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
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waitingmygc
11-20 03:35 PM
Minimum requirement for Sr. Software Engineer can be MS + 2 years experience.
If Sr. Software Engineer is not your current designation then go with SE instead of SSE.
If Sr. Software Engineer is not your current designation then go with SE instead of SSE.
more...
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satishbsk
06-27 01:22 PM
I gave documnets to attory with my recent H1 receipt notice to file 485, I will update if there is any news from my attorny
_______________________________________
contributed $260 so far
_______________________________________
contributed $260 so far
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milind70
06-15 09:15 PM
My H1 expired and the extension is in process. But they did not file for H4 extension. I was told by my employer that she can get a visa stamp by presenting my H1 paper at the consulate. Is this true ? If so, what is the significance of H4 approval notice ?
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
There are two scenarios to this
Scenario one
h1 applicant is in US h4 applicant is in US
In this case the employer must file H1 exentsion and as well as I 539(application to extent/change nonimmigrnat status).
This is because the 1-94 for the H4 applicant must be extended.
Remember I 94 deciedes the status period,so the old I 94 of H4 needs to be extended for the period of H1 extension.
Scenario Two.
h1 applicant is in US while h4 has travelled out just before extension.
in this case the employer just files for h1 extension and not for I 539 because the dependent of h1 is not in status since dependent is out of the country(as h4 applicant submitted the I 94 at airport while leaving).
the h4 applicant can take a copy of h1 to the conuslate for new stamping of h4 next time around.
more...
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msyedy
01-09 02:35 PM
Dear All,
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.
I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.
I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?
Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.
I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.
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VenuK
06-16 05:55 PM
H1 with company (X) was denied on May 2008, but made appeal to it and its in the process.
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
during the same time
i have applied for H1 transfer to company (Y) through consular processing. I got approval.
If i go for Visa Stamping would it be a problem. Live around Ca. planning to go for Tijuana, Mexico.
also
Company (y) says it won't generate pay stubb unless u get visa stamped. Do i really need pay stubb(s) with
company(Y) in order to go for stamping.or its okay to go with company (X) paystubs.
My paystubs are still with company (x) till month of May 2008.
how good are chances of getting visa if im going for stamping in month of July, 2008
pls advice... what should i do in the situation i'm in
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go_guy123
08-19 09:13 AM
Is tourist visa same as business visa for Canada? Live in the US, i-485 pending with Valid EAD and have valid tourist visa. I need to visit one of my company's client for a few days. DO i need a separate visa or should tourist visa do? What do i say at the border crossing?
Sorry if this is not the right forum.
Thanks!
It is a B-1/B2 visa ...depending on the purpose at Port of Entry on the I94 officer will give
B1 or B2 (in your case B1)
But some you have GC pending I485...you are a potential immigrant so you may not get b1/B2....but i think you can enter on EAD/AP
Sorry if this is not the right forum.
Thanks!
It is a B-1/B2 visa ...depending on the purpose at Port of Entry on the I94 officer will give
B1 or B2 (in your case B1)
But some you have GC pending I485...you are a potential immigrant so you may not get b1/B2....but i think you can enter on EAD/AP
kanshul
12-18 10:02 AM
I am sure it is not enforcable...
Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.
Talk to a good lawyer but usually if your company places you at a client location it is not really a business entity but more like a "Placement Agency"; many states will not consider a non compete b/n a placement agency and an employee.
transpass
03-29 12:36 PM
Hello,
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...
And congratulations...:)
I am an F1 visa student and am marrying my sweetheart who is an American citizen. We are planning to pick up the marriage license tomorrow, in MA. I know one of the questions is "residence". Do I put my local residence (I've been here for about 6 years) or my foreign residence? I do not want to jeopardize my status.
Thanks
Need to put your local address. I am sure you filed taxes, and used US address as the permanent address. And BTW, when I got married in CA, that's what I did...
And congratulations...:)
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