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  • nomi
    10-02 11:45 AM
    I'm going to Canada on vacation for 2 days. I've read that if yr I-94 is valid and even if yr visa is expired you can return to US (thru automcatic revalidation)
    1. you have not applied for US visa in Canada
    2. you dont belong to a country declared as sponsoring terrorism.

    My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?


    Please let me know how does your visit went. I need to go to Canada in Jan. too.

    Good luck and have a nice trip.

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  • ashres11
    09-25 11:24 AM
    Fax letter and his office called me and following with USCIS.

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  • vikramy
    06-10 02:58 PM
    Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.

    Hi Vikram -

    Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

    There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

    Good Luck.

    Not a legal advice.
    US citizen of Indian origin

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  • Rockey
    02-29 01:37 PM
    Hello Gurus,
    I have a strange situation, request advice, suggestions and ideas from expertise...,

    My H1 B petition/I 94 is expiring on July 14th 2008, I need to apply for extenstion now. I have applied for 140 and 485 through another company B as future employee.
    Now, I cannot show to my current company that i have applied for 140 and 485 and I need to extend H1.

    In the H1 extension forms/questionaire there is a column asking if you have ever applied for 485 and 140, since i cannot disclose this to my current emp, can I just say 'No' to these questions. If I say No what would be the impact?

    or Do we have to say 'Yes' Mandatorily else will it create problems??

    Please show some light on this..



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  • md2003
    08-28 09:08 AM
    I am planning to go to Canada for H1B visa stamping. Will there be any problem if i have company on H1B. I opened in 2003 and My friend is working in that company. I am working for my employer only. Will there be any problem if i have company either in GC stage or getting Visa in Canada.


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  • mrajatish
    09-14 08:45 AM
    1. Will your company keep your 140 alive? Meaning, will they withdraw it - I know a lot has been said about 140 PD being yours once approved and blah blah, but no one seems to report that they have successfully ported their 140 date to a new 140 application. This is strange but true. So I will make it doubly sure with my company.

    2. Uscis might ask why your company is sponsoring two 140s for the same individual - your company should be prepared to answer that. This is exactly why my company refuses to reapply for the GC process for the same individual (it really raises a question of intent). Again, can be done, but needs full support from company

    Rest should be ok.


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  • Pineapple
    10-13 10:28 AM
    If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
    Once we have some people, we can plan and set up appointments over the next few weeks.

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  • kunjakka
    07-13 06:07 AM
    Hello All,

    I e-filed my first EAD renewal yesterday(07.12.2008). Mine is the classical case where i submitted in the window of August 2007 window and the AP and EAD was approved in October 2007.

    My wife is an F-1 student and I concurrently filed on her behalf in Aug 2007.

    Now while renewing my wife's EAD in the efile process, I did the following steps

    1. Started a new I-765 for wife
    2. Filled all the details.
    3. Added I-131 also

    i went ahead and efiled her application (both EAD and AP). Mine is the emplyment based I-485. Assuming that since she is dependent on me, I marked her application as family based I-485.

    Reviewing the pdf, I saw that her documents need to go to the National Benefits Center, while mine is the Texas Service Center.

    Did I commit a mistake? If so, how can I correct it.

    Thanks for all your input on this one, and also the countless other experiences in the past when i have consulted this wonderful forum......



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  • lee8191
    05-20 08:09 AM
    Hello, I'm Hyoung and I'm graduate student at Purdue University.

    I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.

    Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.

    At this case, do I need to follow applying procedure for a reinstatement with application fee $300?

    I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
    If there is some tips to resolve this issue that you can tell me, could you let me know?

    Thank you so much


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  • EAD
    03-30 12:04 PM
    When I did it in Delhi at US embassy there was an officer at the embassy counter just before entering into the embassy when you are at the line outside with your papers, he checks your documents. For me he checked my papers and wrote on them " PIMS found". After that i went into the embassy to get into the another line to talk to officer inside.

    Though it was 3 years back I am not sure if its done the same way now also.


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  • madhuri_sri
    10-03 01:14 PM
    Thanks everyone for the input.
    And also thanks for directing me to the other thread.its my bad.I shudnt have started it again.
    Thanks again.

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  • stldude
    07-18 01:33 PM
    Folks - I have been hearing mixed comment on Interim EAD.. Is it still permitted. I heard that they have stopped issuing interim EAD's... If it is still permitted how do we go about obtaining an interim EAD.


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  • zCool
    04-02 01:47 PM
    Nothing written in stone but from anecdotal evidence.. NO
    They process 485s according to RD.
    Approval only comes after PD is current though

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  • pcsim6770
    12-16 09:51 AM

    I need to know if it is safe to travel to India on AP and EAD documents without having a valid H4 visa. My H4 visa had been renewed once and now after 3 years it has expired on Dec 12 2010. I need to go to India to see my father who is very ill. I want to know if re-entry into the US will be a problem on my AP and EAD. Also, will it effect the entry of my daughter (if she travels with me) who is 2.5 years old and is US citizen.

    please help!!


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  • supers789
    05-22 04:34 PM

    I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -

    1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).

    2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?

    3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?

    I will really appreciate anyone can give me some brief guidance on this.


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  • priya.r
    12-24 01:30 PM

    Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

    The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

    If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

    Should the increase happen on October 1st 2010 when the H1B kicks in,

    or should the increase happen when the H1B gets approved ( between april - october )

    or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

    or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010

    I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).

    Hoping for your valuable replies as soon as possible.



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  • ragz4u
    05-09 09:10 AM
    like family based etc.

    Most probably today is History of legal immigration, tomorrow is family based immigration and Thursday they will talk about employment based immigration.

    Keep an eye (or should I say an ear) out for Immigration Voice during the third part :)

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  • bugsbunny
    04-04 04:14 PM
    yeah there is no grace period...and am not sure you can transfer after it has been revoked

    However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company

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  • cbpds
    08-08 02:55 PM
    My wife was applying for her H4, it was listed as Chennai although we had mentioned the state as Karnataka.......everything shd be fine

    Thanks buddy! So I believe it's just the state of the consulate..right?
    By the way was your case kind of same?

    04-18 09:45 PM
    Looks like lot many ROW eb3 PD between AUG03-AUG04, 42% so far.
    Good news is not many ROW eb3 for AUG03. Date will going to move definately.

    04-08 11:46 AM
    Reliable information from my friend's lawyer says that the cap for this year is NOT reached in the 1st one week. I think this means all applications filed in first week will be processed.
    Congratulations to all those who applied and hope their cases get approved

    There was really no way it would have gone into a lottery this year, infact the interesting thing is for how long the filing will last this year.

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