Mentol Blog's

Hi Elaine... could you please address the question from mhtanim above..

I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???

I dont think that should be a problem. AS Attorney Murthy suggested, talk to the supervisor at the DMV office. The I485 receipt should be enough.

Thanks all for your replies.
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.

Then why do these people keep updating monthly processing dates if they cannot stick to their words.

I believe the processing times are just a gimmick to show progress to press....:mad:

Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.

Hi,
I had the same scenario... only the dates are different.

You will get only ONE STAMPING On your passport and that will be till the end of your 3rd year( Till Second H1 exp. date)

Cheers

I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.

Thanks Elaine, I may have misrepresented myself all I wanted to ask is:

1. If I apply for a second one, will they cancel my previous one?

2. Will it affect any future chance? And you did say, no to that. Thank you for your response.

Regards,
SP

I am in Nebrasca, I am not us educated and I did not file G -28.I did not apply EAD/AP.

YOU HAVE LOT OF MONEY BOSS.. :confused:
I paid for a 2007 labor for 15k. Now I am screwed.

Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.

Pappu,

Not sure how Priya David fell through the cracks but the very first thing we do when we talk to reporters is hammer away and draw a distinction between H1-B and EB workers. It is part of our media mantra. In fact this comes across so strongly that the WaPo reporter even called me back to say "see I didn't mess that up!" Unfortunately, TV stations do tend to splice together a bunch of stuff just to get a story out.

We just have to keep hammering away.

best,
Berkeleybee

Thanks for all the responses.
I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.

Rollingstone is right. There are chances of the 7th year extension only if your labor is 365 days pending or have an approved labor/I-140. If one of these applies to your case then you should have activated your 3 months of H1B in premium processing. Why didnt you do the premium processing? Now that your 6 years of H1 have ended i really doubt USCIS will consider your case and give the 7th year extension. Not trying to scare you but that's what I feel.
I hope you get the extension. Good Luck.

Yeah! let us all right to John McCain!
All,

Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,

Hi,
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..

Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.

I need your valuable suggestions to make my decision, my questions are:

1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???


2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?

3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???

5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?

Many Thanks in Advance!!

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)

I really appreciate you taking the time to reply to my questions.

My husband and I are British, not sure if that slows things up or down :)

Thanks again for all your help.

I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?

TIA

Hi all,

Is there anyone who is attending in Nogales for H1b Stamping on Nov 3rd 2008, please reply,,, we shall meet..sree_us9@yahoo.com

Thank You...

Democrats Revive Immigration Push - WSJ.com (http://online.wsj.com/article/SB10001424052748703404004575198601410995496.html?m od=WSJ_hps_sections_news)

The question is who has the answer, other than the people at uscis that dont want us to know?

I dont understand any of the EB3 not moving it is the beginning of the fiscal year, they should be moving forward not be stuck....
Are we going to have another July 2007 fiasco?

Just one day at DC will make a huge difference in your lives.

You have to be there to experience it.