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cdeneo

01-09 03:34 AM

What happens if one does not surrender the I-94 when travelling abroad?

My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help

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gc_on_demand

12-05 10:24 AM

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eastindia

01-06 09:44 AM

I understand that this bill many not pass or even move any forward. I thought two senior senators from both parties showing interest in this topic is a great opportunity for IV to present our case in a different light. We have been clamoring about the difficulties we are facing because of the present delay in green card processing. Unfortunately this is only our problem and no one else really has to be bothered about it. If we present our case in a mutually beneficial point of view perhaps some of the politicians will have little more interest in our situation. Remember JFK’s famous words…”Ask not what the country can do for you….” If we write to Senators Kerry and Lugar now, even if the bill does not pass, they will consider our situation slightly differently next time CIR or another immigration bill is introduced in the congress. I think IV ought to present our case in all different angles possible rather than the one way approach of expecting mercy in our situation. Most importantly, I think the premise of the proposed Kerry/Lugar bill is very much applicable the folks in IV. Aren’t many people in this forum waiting for an opportunity to do some business on their own? That is how new immigrants in America have always been. We shouldn’t be any different. I am sure we cannot bring in the capital that senators are looking for. But why don’t they view us slightly differently?

If it is a great opportunity, why dont everyone work on it. Start with investing in IV and taking part in it. IV is you and me.

75% of us in this forum do not qualify for the legislation being proposed here!

You are saying we folks cannot even invest 100K into business?

Even if I agree with you for a second. According to you out of 50 thousand IV members 10 thousand members qualify for this legislation. 10 thousand is a very big number.
Where are these ten thousand members? Even if these 10 thousand members invest $25 per month to lobby this bill it will be 250K per month to lobby. This is a huge amount and they can lobby this bill easily. The problem I see in IV is that out of 50 thousand people only 50 people have $25 per month to invest to lobby their own issues. Rest everyone is just sitting here and only contributing opinions.

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Daisy

10-26 10:57 AM

Thanks Arihant

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camberiu

06-13 12:51 PM

Hello everyone,

I am on the EB3 category and have a PD of March 19, 2002. Also, I am from a non-retrogressed country (Brazil). Would any of the wise members of this forum be willing to estimate how much longer I'd have to wait until I am concurrent? Thanks in advance.

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saimrathi

08-10 03:10 PM

Not a big fan of recurring contribution.. would like to contribute when I feel comfortable...

from your signature it says you contributed and you voted 'no', am i missing something here?

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raghureddy

03-18 04:08 PM

Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


Thanks
Raghu

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pappu

08-10 10:30 AM

Please fill out this form to help us assist you with the lawmaker meetings.

http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36

http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36


Please make sure to put complete and correct details for us to verify you and help you with this action item.
Thanks
IV Team

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waitingnwaiting

01-25 09:51 PM

Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.

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mpadapa

10-10 06:40 AM

H1 extensions are never subjected to cap. But if U start using EAD (by filing I-9) then U loose H1 status and hence U break the continuity of H1, so in future if U decide to go back to H1B (for reason like 485 rejected), then U have to apply a NEW H1 which is subjected to cap (not applicable for cap-exempt employment).

H4 is not lost when U use EAD, it is just that U R in AOS status on H4. It is similar to F1, F1 status doesn't allow ppl to work outside campus, but after U graduate, U can work anywhere on EAD (for 1yr) and still be on F1 status and travel using F1. The same Q is answered by susan henner on the IV free conf on Sep 30, the recording of that can be found at http://immigrationvoice.blogspot.com/

augustus U'r lawyer is absolutely correct. Come on folks don't scare people..


Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

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pmat

01-31 02:18 PM

As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna


I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.

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puvathoor

04-08 03:34 PM

I am intersted in contributing to the discussion in the region..

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asanghi

02-09 12:39 AM

USCIS has been sued by Citizenship hopefuls for a reason which applies to us all. The process took longer time than expected.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/02/08/BAG7QO1AN18.DTL

What if we sue USCIS, if not USCIS then some other Fed agency. Least of all, it capture the nation's attention that IV badly needs and make it a mainstream issue just like illegal immigration.

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sanjay02

06-29 08:35 PM

I guess the cases that are pre-adjucated are called for interview.

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chanduv23

02-17 09:32 PM

We need to do something to make him change his mind or at least soften his stand. It should not be anything sarcastic. I think flower campaign will have element of being sarcastic or even being critical.
It should be something simple and humble. May be a meeting of IL members with his staff and then if we get an opening, meeting with Sen. Durbin himself.
This can be followed by something like letter campaign on the lines of admin fix campaign.

It has been tried, they are not open to talk

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ivar

02-07 09:43 AM

Congrats ivar - you are now a free man!!

My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.

GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.

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vik352

12-08 11:58 AM

Her H4 is not valid. She did travel to India without an approved AP.

Can we cancel her GC application and bring her back on H4?

Any other options?

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Mahatma

08-15 09:56 AM

Welcome VDL Rao and continue to bless us through your wisdom.

Sorry if somebody offended you knowingly or unknowingly.

The best parameter of your recognition is: so many people wait to hear your words.

Please make it a routene to enlighten us at leat every 15 days about your take on USCIS affairs.

I am pledging to double my recurring contribution for next 3 years.

Regards.

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eb3India

01-31 02:02 PM

I have nothing against UN and I really appreciate him for helping many guys and is numerous post on immigration portal (I wonder how he has so much time/energy to do so).

However, one needs to understand you need to help yourself by helping IV and I don't see this happening, we just have too many free riders, who are praying some how things will turns out in thier favour.

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kprgroup

08-03 05:21 AM

My EAD details

Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:


I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765

The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.

Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file

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Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.

What should I do now? Please let me know.

Thx
KPR

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obviously

08-04 11:45 AM

Thanks for the 2 quick responses... albeit, opposite in recommendation :)

1. No need to file new I-485
- Has anyone done this?
- Any risks that we should think about?

2. File new I-485
- Has anyone done this?
- Apart from the additional cost and document preparation time, is there any other downside?

Funny thing is before this happened, I ran into a lot of threads suggesting interfiling was easy. Now that it is at the doorstep, there are quite a few questions and some confusion. I am thinking of getting a 20 min appt with the M law firm.

Appreciate any responses or assistance!!!!

Cheers!

I found the following info from Ron G's website, not sure that most of it applies in this case... since both I-140 have been approved and the later one under EB2 does reference the EB3 priority date.

When an I-140 is approved, your priority date is perfected. If the labor substitution I-140 has been approved, then you own that priority date forever. If you have to file the new I-140 before the old one is approved, you can later show the CIS the two priority dates (from the petition approval notices) and pick the better preference category and earlier priority date - even though they may be from different petitions. In this case, "later" means after the I-140 with the earlier priority date is approved. All you need to do is write to the CIS and enclose copies of the relevant approval notices and the I-485 receipt notice. What you should do is make sure that they consolidate both I-140 petitions into the same file. You don't need to file a new I-485, all you need to do in interfile your second I-140.

You should make a copy of the approval notice for the first I-140, a copy of the receipt notice for the second I-140, and the write a letter to the CIS, asking them to give your second I-140 the priority date established by the first. You can cite the regulatory authority found HERE. (Refer text below) Send it to the correspondence address shown in the lower left portion of the receipt notice.

You can upgrade your preference classification while staying with the same employer, but you will need a new job. Attempting to use the same job with different minimum qualifications will call into question the legitimacy of the original labor certification. If the second I-140 is denied, it will have no effect on the first. There shouldn't be any difficulty porting in an LC substitution situation.

The CIS regulations at 8 CFR 204.5(e) provides for the retention of a previously established priority date under the circumstances described below:

(e) Retention of section 203(b)(1), (2), or (3) priority date. --

A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

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