Dipika
12-23 12:18 PM
Thanks looivy for the details of your exp.
We would like to know when did you go to Nogales for H1 stamping?
My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.
i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.
IS my husband eligible to go to Nogales for H4 stamping?
I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.
At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.
1. Passports (old and new)
2. The original Notice of Action (Form I-797).
3. Employment Contract
4. Labor certification (LCA)
5. The entire approved petition (I-129)
6. Original letters verifying your employment history and specific work skills.
7. Original degree certificates along with mark sheets.
8. Relevant diplomas or certificates, e.g. computer certification.
9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
10. Employment letter from current employer
11. DS-160
12. DS-160 confirmation letter with barcode
13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
15. Payslips
16. All previous I-797s
17. Original AP (For your own backup if applicable)
18. Original EAD (For your own backup if applicable)
19. I-485 Notice of action
20. Appointment confirmation printout
21. Company annual report (if any)
22. Company's tax returns (if applicable)
23. Your personal tax returns for last 5 years. He asked for last three years.
24. Marriage certificate (if applicable)
25. Take your business card, if you have one
26. Driver license
It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.
The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.
Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.
Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.
Hope this was helpful.
Good luck!
We would like to know when did you go to Nogales for H1 stamping?
My Husband had H1B visa stamped from India in 2002 . Then we changed to H4 in 2003, then changed to H1 in 2004 and again changed to H4 in 2005. since then he is on H4 staus.
i have H1B visa, but my husband doesn't have H4 visa stamp in passport. (He had only H1B visa - expired in passport, when first time came from INDIA). He has H4 approval. He used AP in 2007 to visit india.
IS my husband eligible to go to Nogales for H4 stamping?
I flew to Phoenix and then drove to Nogales. Stayed at Best Western run by Manu Naik (very helpful guy). Took a taxi from hotel to border ($6), crossed the border into Mexico. The guy at Mexico checked my bags for any contraband. Cleared me (Did not ask for Mexico visa). Took another taxi from border to consulate ($8). There is a guy outside the consulate in a trailer who sells food with whom you can leave electronics (cell phone etc) for $3 tip.
At the consulate the lady checked for appointment letter and then okayed it. Went through security and then was given a number after presenting the visa fee receipt, DS-160 confirmation letter and original I-797 H1B approval notice. They finger printed me and then I had my interview. The interviwer was a tough guy. He asked me questions regarding my employment and for the bold items below. Make sure that you go as much prepared as possible (Notarize documents if possible). He complemented me on being well prepared and well documented :). I told him, Anything to make your life easy.
1. Passports (old and new)
2. The original Notice of Action (Form I-797).
3. Employment Contract
4. Labor certification (LCA)
5. The entire approved petition (I-129)
6. Original letters verifying your employment history and specific work skills.
7. Original degree certificates along with mark sheets.
8. Relevant diplomas or certificates, e.g. computer certification.
9. Visa fee receipt Banamex (Manu Naik makes it for you or you can try mexicoassistance dot com or something like that - both do it for a commission)
10. Employment letter from current employer
11. DS-160
12. DS-160 confirmation letter with barcode
13. DS-156 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
14. DS-157 (just in case). They are all shifting to DS-160 slowly. Nogales did not need it but I still took it with me.
15. Payslips
16. All previous I-797s
17. Original AP (For your own backup if applicable)
18. Original EAD (For your own backup if applicable)
19. I-485 Notice of action
20. Appointment confirmation printout
21. Company annual report (if any)
22. Company's tax returns (if applicable)
23. Your personal tax returns for last 5 years. He asked for last three years.
24. Marriage certificate (if applicable)
25. Take your business card, if you have one
26. Driver license
It may not hurt to take your company's documents (tax returns if it is small or annual report if it is a big company) with you.
The guy said that I can pick up visa the same day. If they tell you to pick it up the next day, just go back to border (Mexican side) and there are few hotels where you can stay for the night. Killed my time at local Walmart and ate at Applebees but you can eat at other fast food joints at a nearby mall. Make sure that you take ample $1, $5, $10 and $20 bills.
Nobody speaks frikkin English (unlike Tijuana). I had a tough time communicating when ordering food.
Picked up the visa at 4 PM, took a taxi back to border and showed my new shiny H1B visa to the border agent. I told him that nobody asked me for my I-94 in the morning when I left USA. He took it cool and took the I-94 from me and asked me to staple the I-94 attached to my I-797 to my passport. Drove back to Phoenix.
Hope this was helpful.
Good luck!
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milind70
08-28 10:13 AM
is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?
i dont think so, i never signed anything while filing for 140 ,my attorney took care of everything, i did not sign even the G 28 Form. I filed i 140 in March 2007 got approval in April /may 2007.
At 485 stage i only signed G 28 form as i was filing thru an attorney.File 485 in July 2007.
Relax chill, i think you are fine.
i dont think so, i never signed anything while filing for 140 ,my attorney took care of everything, i did not sign even the G 28 Form. I filed i 140 in March 2007 got approval in April /may 2007.
At 485 stage i only signed G 28 form as i was filing thru an attorney.File 485 in July 2007.
Relax chill, i think you are fine.
razis123
12-27 11:37 AM
what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.
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willigetgc?
01-26 01:56 PM
CIR (aka mass amnesty) was not doable in the past, and is not now and wont be in future. They could not do it even when democratic party was in power in congress (high tide of democratic party). It is impossible now with GOP in control.
It si pure lip seervice by Sen Reid
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
It si pure lip seervice by Sen Reid
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
more...
dontcareanymore
08-24 11:39 AM
you have rights to ask the above items. But it can not be done thru uscis.
You should hire a good lawer and proceed thru court.
Good luck.
Ps: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
:)
You should hire a good lawer and proceed thru court.
Good luck.
Ps: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.
:)
saimrathi
08-02 01:41 PM
Yes, copies should be fine..IMHO only, you can check with a lawyer though.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
more...
BharatPremi
11-01 02:40 PM
When I filed my 485, I gave My company address in all the applications. My company is in Washington State.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
What you did is perfectly o.k as you are inviting your documents at your employer's address. With this employer you have a work history. But in case of giving your friend's address or relative's address as your address for USCIS documents purpose may create a problem if in future if you do not mention that address as your past residence address in the "Address History" which generally require for any back ground checks.
But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).
Also I move within california after filing 485.
Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.
That is what my company recomended me.
I got my EAD and all other receipts to the company address.
Waiting for AP and FP mails.
I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.
Hope this helps you.
What you did is perfectly o.k as you are inviting your documents at your employer's address. With this employer you have a work history. But in case of giving your friend's address or relative's address as your address for USCIS documents purpose may create a problem if in future if you do not mention that address as your past residence address in the "Address History" which generally require for any back ground checks.
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GCard_Dream
04-05 04:37 PM
That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
more...
smartboy75
05-25 05:53 PM
Most of I-485 applications are currently stuck with the State Department's Visa Bulletin retrogression which are many years behind. However, aside delays which are attributed to the visa number retrogressions, the cases which were filed during the July 2007 Visa Bulletin fiasco period are expected to take nearly three years from the end of the USCIS itsself processing and adjudications in terms of the workloads, according to the CRS report. July 2007 VB fiasco filers, go figure!
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
According to the CRS report, the USCIS issues before the Congress are as follows from the perspectives of FY 2009 budget:
USCIS Issues for Congress. USCIS issues for Congress include the surgein immigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau ofInvestigation’s (FBI’s) National Name Check program to vet immigration benefitapplications.
Surge in Benefit Applications and Resulting Backlog. According to the testimony of USCIS Director Emilo T. Gonzalez, USCIS experienced an increasein its backlog of naturalization applications in the second half of FY2007.116 From May through July of 2007 USCIS received three and a half times more applications than during the same three months in the previous year.117 Consequently, published accounts indicate that processing time for applications filed during the FY2007 “surge” would be between 16-18 months, as compared to 6-7 months for applications filed in the same period during FY2006.118 For all immigration benefits, the USCIS director testified that the agency received over 1.2 million more applications during the FY2007 surge than in the same period during FY2006, for a total of over 3 million applications. According to media reports, USCIS officials believe that the backlog created by the application surge could take close to three years to clear. Although citizenship campaigns and a contentious national immigration debate have been cited as contributing factors, many observers believe most of the surge in
applications may be attributed to the USCIS fee increase of July 30, 2007. These fee adjustments followed an internal cost review and they increased application fees by a weighted average of 96% for each benefit. The cost of naturalization, formmigration benefit applications that occurred in FY2007 and which resulted in an increase in the agency’s backlog, and the use of the Federal Bureau of Investigation’s (FBI’s) National Name Check program to vet immigration benefit applications.example, increased from $330 to $595. Critics of this new naturalization backlog have mainly raised concerns that applicants would not naturalize in time toparticipate in the 2008 election. USCIS did not include a request for direct appropriations to hire additional temporary personnel to adjudicate the backlog.
Use of FBI National Name Check Program. An additional potential issue for Congress concerns USCIS’ use of the Federal Bureau of Investigation’s (FBI) National Name Check Program. USCIS officials have estimated that roughly 44% of 320,000 pending name checks for immigration benefit applications have taken more than six months to process, including applications for legal permanent residence (LPR) and naturalization. As a result, the White House has authorized USCIS to grant approximately 47,000 LPR applicants their immigration benefits without requiring completed FBI name checks. Critics of this decision believe it could expose the United States to more security threats. The USCIS ombudsman, however, has argued that USCIS employment of the FBI name check process is of limited value to public safety or national security because in most cases the applicants are living and working in the United States without restriction.
Source: www.immigration-law.com
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Canadian_Dream
04-03 11:00 AM
1. Yes it is a good idea to have your Passport valid beyond six months of the visa expiry when going for stamping. Thus you should renew your passport.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
2. When you renew your passport at the Indian Consulate, they will return your old passport along with the new one. The passport will have a stamp saying that Passport is Cancelled but all the un-expired visas are still valid.
3. You can get your Indian passport renewed same day by showing valid reasons such as appointment letter from the US Consulate etc. It will cost you $100 over the passport fees of $40. It is generally case by case basis but in most cases the staff in Indian consulate is very accommodative of Indian Citizens.
Thanks for the information Roseball and CGS. That really helps.
I take it that it is possible to get 3 years extension without renewing my passport.
One more question- Will the Indian emabassy return my old passport when i renew it? If so, which passport would have my visa stamped if I travel to India and go for visa stamping.
more...
eb3_nepa
07-09 10:26 AM
This website is for immigration issues only. Please dont hate me now.
I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.
Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.
Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
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himu73
07-09 10:46 AM
I will move the thread. But I plead that please keep this thread. We are together for a cause and should not limit ourselves only to immigration. This shows that we also active as a social group.
I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.
Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.
Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
more...
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thomachan72
10-04 02:42 PM
I was also at 10 and few weeks back went and changed to 12. As Tony pointed out I have been wondering about the liquidity issue if at all we were to withdraw early. They take off 30% (20 tax + 10% early termination fee). I do have a bit of company match but will not be enough to cover the 30% loss. I am thinking of cutting back to 5%.
The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.
The problem with accounts in India is the requirement to declare it here. Anyway have to quickly call them and get it back to just enough to get the employer match up to the max.
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bajrangbali
07-03 10:02 AM
You guys still dont get it..do you??
Why would they ban non-immigrants from investing when there is ZERO loss for the country?
Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.
Why would they ban non-immigrants from investing when there is ZERO loss for the country?
Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.
more...
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smuggymba
10-08 05:14 PM
GCNirvana007 - Who filed you PERM? Who provided you with approved I-140? Who filed ur GC? ....company A.............right.............so u have to work for company A and yes u r obligated legally from USCIS perspective to work with them. Don't tell me u don't know this. Going thru GC process, one almost becomes an immigration lawyer so you should know this if u don't already.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
Recent H1-B company B has nothing to do with GC.
Bottomline - Why did u file GC in EB category? ANSWER - To work for that employer A.
Now u r saying something about company C running ur payroll.
Ok. So whoever runs my payroll is my employer. Lets say its Company C.
Question is
Am I obligated to Company A in any way?
Am I obligated to Company B which had my recent H1B?
Based on the answers i am assuming no but will wait to hear from you guys.
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abhijitp
07-18 07:39 PM
Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.
sure, I would sign up for the contribution.
I thought you applied under the "Labor Certification" system not PERM. If you did PERM (only then can you file concurrently), nothing stops you from filing for AOS rightaway, so go for it!
sure, I would sign up for the contribution.
I thought you applied under the "Labor Certification" system not PERM. If you did PERM (only then can you file concurrently), nothing stops you from filing for AOS rightaway, so go for it!
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chanduv23
07-11 03:06 PM
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
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Leo07
07-24 04:49 PM
It's a good time. Sooner than Later...
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GCNOMAD
03-07 01:51 PM
Hi,
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.
When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.
Some lessons learned from my above experiences and some points that might help you -
1. The truth is, when your I-94 expires, you immediately loose your authority to work
2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
Take the above 4th point as its appropirate for you case.
5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.
After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.
And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...
I hope this helps and I wish you the best of luck to get it in the local CPB office itself.
God Bless.
nanneh
04-30 02:05 PM
Here is the format that you need. I got this from my attorney.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
AFFIDAVIT
OF BIRTH
I, __________________________, certify to the following:
1. I was born on ___________, 19___, in the town of ___________________ and country of ________________________. I am _____ years of age. I am currently residing at __________________________________________________ _______________________.
2. ________________________________ was born to _________________________ and _________________________ on _______________ in ____________________.
3. The above facts are within my personal knowledge because _________________ is my _____________(uncle, cousin, friend, etc.), and I was present at the time of said birth.
Dated: ______________, 200_ _____________________________
Signature
Subscribed and sworn to before me this
________ day of ___________, 200_
at ________________________________.
My commission expires ___________, 200_
___________________________ ________________________
Notary Public Official Seal
Thank you Mr. apk1928.
alterego
01-04 09:30 AM
Anyone with recent experience moving to Texas on EAD? Please share your experience with regards to Drivers license etc.
What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?
What does one do when less than 180 days left on EAD? Do they accept an approved 140 or pending 485 proof?
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