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  • martinvisalaw
    07-17 11:26 AM
    I received RFE on my 485 for I94 copy. My situation is below

    I travelled to Tijuana, Mexico from San Diego by road to request
    for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
    was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
    of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE

    POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.

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  • boreal
    09-23 12:09 PM
    I got an SR response back saying that my application is "waiting to be assigned to an officer"...whatever that means...isnt every application so? I think SRs are just as useless as any other 'customer service' provided by USCIS...

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  • crystal
    11-16 01:13 PM
    They said the same to my undelivered AP that they never received it. But they sent AP back to my lawyer along with my undelivered notice . My lawyer got it after 45 days from the day USCIS said it is initally mailed.

    I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.

    Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??

    Please Help since I dont know what to do as I was expecting the EAD card to start a new job.

    Thanks in advance

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  • wandmaker
    02-18 02:33 PM
    One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.

    It is a key point to know, thanks for posting


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  • boreal
    08-24 07:30 PM
    Hello GreatGuy
    You can be a lil more cordious and polite :rolleyes:
    At least if you expect somebody to answer your question.

    Hey guys knock it off. Labor substitution is legally allowed
    till date. If this guy get a pre approved labor let him accept
    it and get ahead. Nobody blocks you to accept pre approved
    labor. I'm retrogressed with PD of 2003 on EB3 India. But for
    that reason I dont think I'm going to shout at somebody using
    a pre approved labor and get ahead of me.

    Now to answer you question Mr GREAT.
    DOL can replace if its not approved. Mainly they look at the
    education and experience.
    This situation can be a lil dicey. If I were you I would
    get the reference no or something of that labor cert and verify
    all the details. Secondly I would do a thorough research on this
    employer. It would have been a lil better if its already approved.

    On 2002 I got a pre approved labor offer. I got a copy of
    the labor from this employer and had it looked by an attorney.
    Atty said its a lil risky to accept it. So I did not take it.

    Good luck GREAT. I expect you to be a lil more polite on these

    Ok now we know who is desperately looking for one such pre-approved LCs...All you blood-sucking desi consultancies...one more for you guys to earn money!!

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  • gbof
    10-09 10:08 PM
    :) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!

    I vaguely remember a big guy from uscis presenting a awafully hopeless picture on forward movement (just before june/luly 09), there was a generous spill over in sep09 and dates moved forward (hopefully neverto go back). I donot believe what these non serious guys say. Let us hope for the best.


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  • amitjoey
    07-11 12:17 PM
    New Yorkers, do not let this opportunity pass by.

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  • yagw
    06-04 01:17 AM


    The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.


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  • amar123
    07-29 12:37 AM
    I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.

    Ah, now this brings up interesting questions, where is your 485 being processed?:o

    If it is texas as per your profile, then , maybe only NSC had the update?

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  • nandakumar
    05-15 07:24 PM
    It's bravo IV. Each of us should tell and motivate others to join IV. You see for most part, your posting in these forums in IV is very anonymous. I think except for yourself, no one can get see your profile details including your full name, phone number etc.

    Also, keep looking for opportunities to write to editors, anchors etc., whenever they speak rubbish. All that we are doing now is letting the media know that legal immigrants have huge issues and unresolved problems. We are writing to them that things have been very unfair. We are educating them............


    I have given all my details including my address, employer details in my profile except for my Phone number. Not sure how to enable it to see others. I tried clicking 7-8 members profile including yours but not able to view any details. Am I doing something wrong?

    Btw, besides my contribution, I have made more then 20 people to contribute and as well made more then 50 to become IV members by creating threads in forums like murthy.com & immigration.com. I'm the first person to let the people in Cisco systems to know about IV during its initial stage by mailing to the common email aliases used by Indians and Chinese and only person to do so until Apr 15, I left Cisco after that. I faced lot of criticisms but even then I would mail at least once in 3 weeks and remind them the importance of joining and contributing to IV. I believe there are at least 100 members from Cisco.

    I made my friends to contribute and made them to post details about IV in companies such as HP, NetApp, BMS, and Symantec etc.

    I have also volunteered when the admin or shery wanted volunteers.

    I may not have done exceptional contribution when compared to the core members and senior member like you but did contribute to best of my effort and have email proofs/appreciation from members who have joined and contributed because of my initiation. Please send a private msg with your contact email, I can forward those emails.

    No offence, explaining my side of the story.


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  • wandmaker
    02-17 11:43 PM
    I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.

    So check with attorney.

    Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.

    Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.

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  • skarthy
    09-10 10:34 AM
    Thats the same issue I have. My H1 is valid till 2010 and if I use AP now they will give it till Nov'2009. would I need to apply for H1 extension before my I-94(parolee) expires so that I can have an I-94 that is valid ?

    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks


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  • h1techSlave
    10-28 02:14 PM
    what visa are these legal immigrants coming on?

    The author is talking about Family visa categories here.

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  • hoolahoous
    11-11 09:08 PM
    there is no law/rule saying that you need to stay with employer after getting GC. However, GC is for future employment, so some people have been asked in past (just read on internet, so take with grain of salt) at citizenship as to why did they apply for GC for an employer they didn't want to work for. IF you get asked that question, you need to have a valid answer (layoff etc.). Also that question alone may not decide the fate of citizenship.

    PS: I am not a lawyer, so this is not a legal opinion.


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  • amitjoey
    09-13 03:46 PM
    The chances this time are NONE. The chances in the session after November elections are better but still slim. It will most likely be taken up in spring or summer of 2011.

    For us the chances are always slim because:
    1) We will keep bickering and fighting amongst ourselves
    2) We will not go and talk to the legislative offices to make them understand our problems and issues.
    3) If we continue to not stand up and be counted.

    We do have to use this time between now and when they take up the bills to constantly build pressue, educate. Each member has to go to their local lawmakers offices not only atleast once but once a month and keep hammering the message.

    If we do not do that, then even after they take up any meaningfull immigration bills, the provisions we want will either not be in the bill or be watered down to have no desired effect.

    So as you can see, it does not matter when they take up the bills. The real question is have we prepared ourselves and build our case, so when they do take it up, it is Slam-dunk for us.

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  • bebar
    05-20 02:03 PM

    Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?



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  • mygc2006
    06-14 11:19 AM
    Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ? Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.

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  • bhatt
    06-05 10:58 PM

    I have been selected for the Green Card Diversity lottery and have some questions:

    I have been working for the past 6 years on a H1B visa and have been laid off in March.
    I am currently out of status, my H1B has expired, but I have an approved extension I797A form and I-94 untill October 2010.
    I am planning to return to my home country July 31 (at that point I will be out of status for 4.5 months, but have not aquired unlawful presence).

    1- Is my Green card application/approval in jeopardy by being out of status?
    2- Is it possible to have my status adjusted and proceed inside the United States?
    3- Do I increase my changes to obtain approval if I return as soon as possible to my home country instead of waiting until July 31st?
    4- Is it possible for me to travel to the US on a tourist visa while waiting for a response from the consular center?http://immigrationvoice.org/forum/images/smilies/smile.gif
    5- Overall, what would be the recommended approach to give the best chance of approval?

    Thanks in advance!
    Congragulations for winning the Lottery!:)
    1. Being out of status for upto 6 months ( 180 days is Ok). generally ?USCIS will pardon it
    2. I am not sure
    3 dont; know
    4. yes
    5. consult a good attorney

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  • meridiani.planum
    01-08 12:03 AM
    Below mentioned points are from the NAFSA Adviser's Manual (2006 release) Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States. Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas. H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    Please let me now if these points are in place currently.
    And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
    I will appreciate your thoughts on this.

    no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.

    P.S: fix the subject, it is too generic...

    07-23 03:54 PM

    10-16 08:36 PM
    Dont engage in such Cliche mentality,tell the significance of the festival, I dont understand most of the Indian Parents are engaged in propogating such a behavior in kids. Instill strong character,values and traditions in your kids.Not this kind of half baked crap.
    Happy Deepavali to all.